[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59699-59705]
[FR Doc No: 2022-21321]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2022-0421; FRL-10012-02-R1]

Maine: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Maine has applied to the Environmental Protection Agency (EPA)
for final authorization of revisions to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA), as amended.
The EPA has reviewed Maine's application and has determined that these
revisions satisfy all requirements needed to qualify for final
authorization. Therefore, we are taking direct final action to
authorize the State's changes. In the ``Proposed Rules'' section of
this issue of the Federal Register, the EPA is also publishing a
separate document that serves as the proposal to authorize these
revisions. Unless the EPA receives written comments that oppose this
authorization during the comment period, the decision to authorize
Maine's revisions to its hazardous waste program will take effect.

DATES: This final authorization will become effective on December 2,
2022, unless the EPA receives adverse written comments by November 2,
2022. If the EPA receives any such comment, the EPA will publish a
timely withdrawal of this direct final rule in the Federal Register and
inform the public that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2022-0421, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management,
UST and Pesticides Section; Land, Chemicals and Redevelopment Division;
EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston,
MA 02109-3912; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time that they take effect in unauthorized states. Thus,
the EPA will implement those requirements and prohibitions in Maine,
including the issuance of new permits implementing those requirements,
until Maine is granted authorization to do so.

B. What decisions has the EPA made in this rule?

    On June 8, 2022, Maine submitted a complete program revision
application seeking authorization of revisions to its hazardous waste
program. The EPA concludes that Maine's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA, as set forth in RCRA Section 3006(b),
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the EPA grants final

authorization to Maine to operate its hazardous waste program with the
revisions described in its authorization application, and as listed
below in Section G of this document.
    The Maine Department of Environmental Protection (MDEP) has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its application, subject to the limitations
of HSWA, as discussed above.

C. What is the effect of today's authorization decision?

    This decision serves to authorize Maine for the revisions to its
authorized hazardous waste program described in its authorization
application. These changes will become part of the authorized State
hazardous waste program and will therefore be federally enforceable.
Maine will continue to have primary enforcement authority and
responsibility for its State hazardous waste program. The EPA would
maintain its authorities under RCRA sections 3007, 3008, 3013, and
7003, including its authority to:
     Conduct inspections, and require monitoring, tests,
analyses and reports;
     Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action will not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Maine are already effective under State law and are not
changed by today's action.

D. Why wasn't there a proposed rule before today's rule?

    Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize Maine's program
revisions. The EPA did not publish a proposal before today's rule
because the EPA views this as a routine program change and does not
expect comments that oppose this approval. The EPA is providing an
opportunity for public comment now, as described in Section E of this
document.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, the
EPA will withdraw today's direct final rule by publishing a document in
the Federal Register before the rule becomes effective. The EPA will
base any further decision on the authorization of Maine's program
revisions on the proposal mentioned in the previous section, after
considering all comments received during the comment period. The EPA
will then address all such comments in a later final rule. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
    If the EPA receives comments that oppose only the authorization of
a particular revision to Maine's hazardous waste program, the EPA will
withdraw that part of this rule, but the authorization of the program
revisions that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.

F. What has Maine previously been authorized for?

    Maine initially received final authorization effective May 20, 1988
(53 FR 16264) to implement the RCRA hazardous waste management program.
The EPA granted authorization for revisions to Maine's regulatory
program on the following dates: June 24, 1997, effective August 25,
1997 (62 FR 34007); and November 9, 2004, effective January 10, 2005
(69 FR 64861); and June 26, 2020, effective immediately (85 FR 38330).

G. What revisions is the EPA proposing with this proposed action?

    On June 8, 2022, Maine submitted a final complete program revision
application, seeking authorization of additional revisions to its
program in accordance with 40 CFR 271.21. Maine seeks authority to
administer the Federal requirements that are listed in Table 1 below.
This table lists Maine's analogous requirements that are being
recognized as no less stringent than the analogous Federal
requirements.
    Maine's regulatory references are to the Hazardous Waste Management
Rules, 06-096 of the Code of Maine Rules (CMR), Chapters 850-858, as
amended effective October 6, 2021, and to the Rules Concerning the
Processing of Applications and Other Administrative Matters, 06-096
CMR, Chapter 2, as amended effective June 9, 2018. Maine's statutory
authority to operate its hazardous waste program is found in the
Hazardous Waste, Septage, and Solid Waste Management Act, 38 M.R.S.
sections 1301 through 1319-Y.
    The EPA proposes to determine, subject to public review and
comment, that Maine's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the Federal program,
and therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, the EPA is proposing to authorize Maine
for the following program revisions:

          Table 1--Maine's Analogs to the Federal Requirements
------------------------------------------------------------------------
                                Federal Register       Analogous state
     Federal requirement          page and date           authority
------------------------------------------------------------------------
Checklist (CL) 71: Mining     55 FR 2322; January   06-096 Code of Maine
 Waste Exclusion II.           23, 1990.             Rules (C.M.R.) Ch.
                                                     857.3C and
                                                     857.7A(1)(a).
                                                    More stringent
                                                     provisions: Ch.
                                                     850.3(A)(4)(a)(ix)
                                                     NOTE.
CL 77: HSWA Codification      55 FR 19262; May 9,   06-096 C.M.R. Ch.
 Rule, Double Liners;          1990.                 854.9(B)
 Correction.
CL 79: Organic Air Emission   55 FR 25454; June     06-096 C.M.R. Ch.
 Standards for Process Vents   21, 1990.             850.3(A)(2); Ch.
 and Equipment Leaks.                                854. 6(C)(3),
                                                     (C)(5), (C)(10(b),
                                                     (C)(14), and
                                                     (C)(20); Ch. 855.
                                                     9(A)(3), (A)(5),
                                                     (A)(10)(b),
                                                     (A)(14), and
                                                     (A)(18); Ch.
                                                     856.10(B) and
                                                     10(B)(21).
CL 82: Wood Preserving        55 FR 50450;          06-096 C.M.R. Ch.
 Listings.                     December 6, 1990.     850.3(C)(2)(a) and
                                                     Appendix VII and
                                                     VIII; Ch.
                                                     851.13(G); Ch.
                                                     854.12(B)(1) and
                                                     854.15; Ch.
                                                     855.9(D) and
                                                     855.9(L); and Ch.
                                                     856.10(L).

                                                    More stringent
                                                     provisions: 06-096
                                                     C.M.R. Ch.
                                                     854.15(A)(2) and
                                                     854.15(B)(1).
CL 87: Organic Air Emission   56 FR 19290; April    06-096 C.M.R. Ch.
 Standards for Process Vents   26, 1991.             854.6(C)(20); Ch.
 and Equipment Leaks;                                855.9(A)(3),
 Technical Amendment.                                855.9(A)(10)(b),
                                                     855.9(A)(18); and
                                                     Ch. 856.10(B)(21).
CL 90: Mining Waste           56 FR 27300; June     More stringent
 Exclusion III.                13, 1991.             provisions: 06-096
                                                     C.M.R. Ch.
                                                     850.3(A)(4)(a)(ix)
                                                     NOTE
CL 92: Wood Preserving        56 FR 30192; July 1,  06-096 C.M.R. Ch.
 Listings; Technical           1991.                 850.3(C)(2)(a); Ch.
 Corrections.                                        851.8(B)(2);
                                                     851.8(B)(3); and
                                                     851.13(G); Ch.
                                                     854.15(B); Ch.
                                                     855.9(L); and
                                                     Ch.856.10(L).
CL 97: Exports of Hazardous   56 FR 43704;          06-096 C.M.R. Ch.
 Waste; Technical Correction.  September 4, 1991.    857.7(D).
CL 100: Liners and Leak       57 FR 3462; January   06-096 C.M.R. Ch.
 Detection Systems for         29, 1992.             854.3(HH);
 Hazardous Waste Land                                854.6(C)(7);
 Disposal Units.                                     854.8(B); 854.8(C);
                                                     854.8(H); 854.9(B);
                                                     854.9(C); 854.9(E);
                                                     854.9(G); 854.11(B)
                                                     and (C); 854.12(B)
                                                     and (C); Ch.
                                                     855.9(A)(5);
                                                     855.9(A)(7);
                                                     855.9(A)(10)(b);
                                                     855.9(B), (E), (F),
                                                     and (H); Ch.
                                                     856.10(C) and
                                                     856.10(F).
                                                    More stringent
                                                     provisions: Ch.
                                                     854.8(B)(1) and
                                                     (2); 854.9(B)(1),
                                                     854.9(B)(2)(b);
                                                     854.9(B)(5);
                                                     854.9(C)(2);
                                                     854.11(B)(1), (3),
                                                     (4), (5) and (6);
                                                     and 854.19.
CL 113, 113.1, 113.2:         53 FR 33938;          06-096 C.M.R. Ch.
 Consolidated Liability        September 1, 1988;    854.6(C)(17); and
 Requirements.                 56 FR 30200; July     Ch. 855.9(A)(17).
                               1, 1991; 57 FR       More stringent
                               42832; September      provisions: Ch.
                               16, 1992.             854.6(C)(17)(e)
CL 118: Liquids in Landfills  57 FR 54452;          06-096 C.M.R. Ch.
 II.                           November 18, 1992.    854.6(C)(3) and
                                                     854.8(C)(5); Ch.
                                                     855.9(A)(3) and
                                                     855.9(H).
                                                    More stringent
                                                     provisions: Ch.
                                                     854.8(C)(5)(a).
CL 120: Wood Preserving;      57 FR 61492;          06-096 C.M.R. Ch.
 Amendments to Listings and    December 24, 1992.    850.3(C)(3); Ch.
 Technical Requirements.                             854.15.
                                                    More stringent
                                                     provisions: Ch.
                                                     854.15(B)(1) and
                                                     Ch. 855.9(L).
CL 131: Recordkeeping         59 FR 13891; March    06-096 C.M.R. Ch.
 Instructions; Technical       24, 1994.             854.6(C)(10); and
 Amendment.                                          Ch. 855.9(A)(10).
CL 140: Carbamate Production  60 FR 7824; February  06-096 C.M.R. Ch.
 Listings.                     9, 1995 as amended    850.3(C)(3),
                               April 17, 1995 (60    850.3(C)(4)(e),
                               FR 19165) and May     850.3(C)(4)(f);
                               12, 1995 (60 FR       850, Appendix VII
                               25619).               and VIII.
CL 148: RCRA Expanded Public  60 FR 63417;          06-096 C.M.R. Ch
 Participation.                December 11, 1995.    2.2(A); 2.10(B)(5);
                                                     2.13(A); 2.16; Ch.
                                                     856.5,
                                                     856.10(A)(12),
                                                     856.10(A)(15) and
                                                     (16),
                                                     856.10(B)(20),
                                                     856.10(D) and
                                                     856.16.
CL 152: Imports and Exports   61 FR 16290; April    06-096 C.M.R.
 of Hazardous Waste:           12, 1996.             Ch.851.4(B); Ch.
 Implementation of OECD                              853.8(C), 853.11(G)
 Council Decision.                                   and 853.11(I); Ch.
                                                     854.6(C)(14) and
                                                     854.8(C)(2); Ch.
                                                     855.9(A)(2),
                                                     855.9(A)(14) and
                                                     855.9(N); Ch.
                                                     857.7(D), 857.8(C)
                                                     and 857.9(D); Ch.
                                                     858.7(C).
CL 153: Conditionally Exempt  61 FR 34252; July 1,  More stringent
 Small Quantity Generator      1996.                 provision 06-096
 (CESQG) Disposal Options                            C.M.R. Ch
 under Subtitle D).                                  850.3(A)(5).
CL 156: Military Munitions    62 FR 6622; February  06-096 C.M.R. Ch.
 Rule.                         12, 1997.             851.13(F); Ch.
                                                     853.10(C); Ch.
                                                     854.6(C)(15),
                                                     854.16(B)(2),
                                                     854.16(C)(3) and
                                                     854.16(D); Ch.
                                                     855.3 and 855.9(M);
                                                     Ch. 856.5(C),
                                                     856.18(A)(4) and
                                                     856.18(B); Ch.
                                                     857.3(K), 857.5 and
                                                     857.10.
CL 159: Conformance with the  62 FR 32974; June     06-096 C.M.R. Ch.
 Carbamate Vacatur.            17, 1997.             850.3(C)(3),
                                                     850.3(C)(4)(f),
                                                     App. VII and App.
                                                     VIII; Ch. 852.13
                                                     and 852.14(A).
CL 167E: Bevill Exclusion     63 FR 28556; May 26,  06-096 C.M.R. Ch.
 Revisions and                 1998.                 850.3(A)(4).
 Clarifications.
CL 169: Petroleum Refining    63 FR 42110; August   06-096 C.M.R. Ch.
 Process Listings.             6, 1998, as amended   850.3(C)(3) and
                               October 9, 1998 (63   App. VII; Ch.
                               FR 54356).            852.13 and 852.14.
CL 179: Land Disposal         64 FR 25408; May 11,  06-096 C.M.R. Ch.
 Restrictions Phase IV--       1999.                 851.4(A),
 Technical Corrections and                           851.8(B)(5),
 Clarifications to Treatment                         851.9(G); and Ch.
 Standards.                                          852.3(D), 852.3(I),
                                                     852.10.
CL 182: Hazardous Air         64 FR 52828;          06-096 C.M.R. Ch.
 Pollutant Standards for       September 30, 1999,   854.13(A)(2),
 Combustors.                   as amended November   854.13(B)(5),
                               19, 1999 (64 FR       854.16(B)(1); Ch.
                               63209).               855.9(A)(16),
                                                     855.9(I); Ch.
                                                     856.10(D)(1), (2)
                                                     and (3), and
                                                     856.11(A)(6).

CL 183: Land Disposal         64 FR 56469; October  06-096 C.M.R. Ch.
 Restrictions Phase IV--       20, 1999.             850.3(C)(3); Ch.
 Technical Corrections.                              851.8(B)(5) and
                                                     851.8(G); Ch.
                                                     852.10, 852.14(A)
                                                     and 852.14(D).
CL 187: Petroleum Refining    64 FR 36365; June 8,  06-096 C.M.R. Ch.
 Process Wastes--              2000.                 850.3(C)(2)(a).
 Clarification.
CL 189: Chlorinated           65 FR 67067;          06-096 C.M.R. Ch.
 Aliphatics Production         November 8, 2000.     850.3(C)(3), 850,
 Listings.                                           Appendix VII and
                                                     VIII; Ch. 852.13
                                                     and 852.14(A).
CL 195: Inorganic Chemical    66 FR 58257;          06-096 C.M.R. Ch.
 Manufacturing Listings.       November 20, 2001,    850.3(C)(3) and
                               as amended April 9,   850, Appendix VII;
                               2002 (67 FR 17119).   Ch. 852.13 and
                                                     852.14.
CL 198: Hazardous Air         67 FR 6968; February  06-096 C.M.R. Ch.
 Pollutant Standards for       14, 2002.             854.13 and Ch.
 Combustors: Corrections.                            856.10(D).
CL 199: Vacatur of Mineral    67 FR 11251; March    06-096 C.M.R Ch.
 Processing Spent Materials    13, 2002.             850.3(A)(4)(a).
 Being Reclaimed as Solid
 Wastes and TCLP Use with
 MGP Waste.
CL 200: Zinc Fertilizer Rule  67 FR 48393 July 24,  06-096 C.M.R. Ch.
                               2002.                 850.3(A)(4)(a) and
                                                     Ch. 852.14(A).
CL 206: Nonwastewaters from   70 FR 9138; February  06-096 C.M.R. Ch.
 Dyes and Pigments.            24, 2005.             850.3(C)(3) and
                                                     850, Appendix VII
                                                     and VIII; Ch.
                                                     852.13 and 852.14.
CL 207: Uniform Hazardous     70 FR 10776; March    06-096 C.M.R. Ch.
 Waste Manifest Rule.          4, 2005.              850.3(A)(7)(e); Ch.
                                                     851.8(A)(4) and
                                                     851.8(A)(5); Ch.
                                                     854.6(C)(13); Ch.
                                                     855.9(A)(13) &
                                                     855.9(A)(15); Ch.
                                                     857.3(C), (I) and
                                                     (J), 857.5(A),
                                                     857.7(B), 857.7(D),
                                                     857.7(I),
                                                     857.8(A)(1),
                                                     857.8(C), 857.8(E),
                                                     857.8(I), 857.9,
                                                     857.9(A)(3),
                                                     857.9(A)(7),
                                                     857.9(B) and
                                                     857.9(D).
CL 222: OECD Requirements;    75 FR 1236; January   06-096 C.M.R. Ch.
 Export Shipments of Spent     8, 2010.              853.8(C); Ch.
 Lead-Acid Batteries.                                854.6(C)(2) and
                                                     854.6(C)(15); Ch.
                                                     855.9(A)(2); Ch.
                                                     857.7(D), 857.8(C)
                                                     and 857.9(D); Ch.
                                                     858.12.
CL 225: Removal of Saccharin  75 FR 78918;          06-096 C.M.R. Ch.
 and Its Salts from the        December 17, 2010.    850.3(C)(4) and
 Lists of Hazardous                                  850, Appendix VIII.
 Constituents, Hazardous
 Wastes, and Hazardous
 Substances.
CL 232: Revisions to the      79 FR 36220; June     06-096 C.M.R. Ch.
 Export Provisions of the      26, 2014.             857.7(D)(1) and
 Cathode Ray Tube Rule.                              (2); Ch. 858.5(A);
                                                     858.7(O)(1) and
                                                     (2).
CL 235: Disposal of Coal      80 FR 21302; April    06-096 C.M.R. Ch.
 Combustion Residuals from     17, 2015.             850.3(A)(4)(a)(x).
 Electric Utilities.
CL 236: Imports and Exports   81 FR 85696;          06-096 C.M.R. Ch.
 of Hazardous Waste.           November 28, 2016,    850.3(A)(4)(a)(xii)
                               as amended August     and
                               29, 2017 (82 FR       850.3(A)(4)(b)(iii)
                               41015) and August     ; Ch. 851.4(B); Ch.
                               6, 2018 (83 FR        853.8(C) and
                               38263).               853.11(O); Ch.
                                                     854.6(C)(2) and
                                                     854.6(C)(15); Ch.
                                                     855.9(A)(2) and
                                                     (15); Ch. 857.7(D),
                                                     857.7(D)(1),
                                                     857.7(D)(2),
                                                     857.8(C), 857.9(D)
                                                     and (E); Ch.
                                                     858.7(C), 858.7(O),
                                                     858.8(A), 858.9(A),
                                                     858.12 and 858.13.
CL 238: Confidentiality       83 FR 60894;          06-096 C.M.R. Ch.
 Determinations for            December 26, 2017.    857.7(D),
 Hazardous Waste Export and                          857.7(D)(2) and
 Import Documents.                                   857.7(D)(3); Ch.
                                                     858.7(O)(3).
Special Consolidated          59 FR 62896;          06-096 C.M.R. Ch.
 Checklist for the Organic     December 6, 1994,     851.8(B)(6); Ch.
 Air Emission Standards for    as amended May 19,    854.6(C)(3),
 Tanks, Surface                1995 (60 FR 26828),   854.6(C)(5),
 Impoundments, and             September 29, 1995    854.6(C)(9)(b),
 Containers (Checklists:       (60 FR 50426),        854.6(C)(13),
 154, 154.1, 154.2, 154.3,     November 13, 1995     854.6(C)(20),
 154.4, 154.5, 154.6, 163,     (60 FR 56952),        854.9(C)(5),
 177).                         February 9, 1996      854.12(B)(1)
                               (61 FR 4903), June    854.12(C)(9), and
                               5, 1996 (61 FR        854.16(B)(1); Ch.
                               28508), November      855.9(A)(3),
                               25, 1996 (61 FR       855.9(A)(5),
                               59932). 62 FR         855.9(A)(9)(b),
                               64636; December 8,    855.9(A)(13),
                               1997, and 64 FR       855.9A (17),
                               3382; January 21,     855.9(A)(18),
                               1999.                 855.9(C), 855.9(D)
                                                     and 855.9(E); Ch.
                                                     856.10(B)(3),
                                                     856.10(C)(1),
                                                     856.10(E),
                                                     856.10(H) and
                                                     856.13(A)(7).
Special Consolidated          79 FR 7518; February  06-096 C.M.R. Ch.
 Checklist for the Hazardous   7, 2014, and 83 FR    854.6(C)(14) and
 Waste Electronic Manifest     420; January 3,       854.6(C)(20); Ch.
 Rules (Checklists 231 and     2018.                 855.9(A)(14) and
 239).                                               855.9(A)(18); Ch.
                                                     857.3(D), 857.3(E),
                                                     857.3(I), 857.3(L),
                                                     857.3(O), 857.5(A),
                                                     857.5(B), 857.5(E),
                                                     857.5(F), 857.5(G),
                                                     857.5(I), 857.5(H),
                                                     857.7(A)(1)(e),
                                                     857.8(A)(1),
                                                     857.8(A)(5),
                                                     857.8(C), 857.8(D),
                                                     857.8(E), 857.8(F),
                                                     857.8(G), 857.8(H),
                                                     857.8(I), 857.9(A)
                                                     and 857.9(C).
                                                    More stringent
                                                     provisions: Ch.
                                                     857.8(B) and
                                                     857.9(A)(3)(d).

Recycled Used Oil Management  57 FR 41566;          06-096 C.M.R. Ch.
 Standards (40 CFR             September 10, 1992.   850.3A(4)(a)(xxv).
 261.6(a)(4), the recycled
 used oil exclusion).
------------------------------------------------------------------------

    EPA is also authorizing Maine for the land disposal restrictions
(LDR) in 40 CFR 268.30. In addition, EPA is authorizing Maine for
revisions to previously authorized rules, they include:
850.3(A)(4)(a)(xxiv)--clarifying the applicability of the tolling
agreement or the need to overcome the rebuttable presumption if there
is no tolling agreement in the used cutting oil exclusion; 858.4(N)--
clarifying the definition of ``recycling facility'' to mean a
destination facility as defined in 40 CFR 273.9 or a facility
authorized to perform the universal waste recycling activity;
858.5(A)--clarifying that the intentional breakage of universal waste
is considered treatment; and 854.8(A)(3)(a), 854.9(A)(2),
854.10(A)(1)(b), 854.11(A)(2) and 854.16(A)(1)(a)--these revisions,
which incorporate drinking water guidelines, support the implementation
of other provisions of the Maine hazardous waste program, as they are
utilized for the limited purpose of determining whether waste has
migrated to surface or groundwaters.
    EPA cannot delegate certain federal requirements associated with
the federal manifest registry system, the electronic manifest system,
and international shipments (i.e., import and export provisions). Maine
has adopted these requirements and appropriately preserved the EPA's
authority to implement them (see 06-096 C.M.R. Ch. 857, sections 3(D),
3(E), 3(L), 3(O), 5(F)(2), 5(G), 7(D), 8(A)(1)(b), 8(C), 9(A)(6) and
9(D); and Ch. 858 sections 7(O) and 13).
    There are several Federal rules that have been vacated, withdrawn,
or superseded. As a result, authorization of these rules may be moot.
However, for purposes of completeness, these rule checklists are
included here with an explanation as to the rule's status in Maine.
These checklists include: CL 216: Exclusion of Oil-Bearing Secondary
Materials Processed in a Gasification System to Produce Synthetic Gas
(73 FR 57, January 2, 2008); CL 221: Expansion of RCRA Comparable Fuel
Exclusion (73 FR 77954, December 19, 2008); CL 224: Withdrawal of the
Emission Comparable Fuel Exclusion (75 FR 33712, June 15, 2010); and CL
234: Vacatur of the Comparable Fuels Rule and the Gasification Rule (80
FR 18777, April 8, 2015)--CLs 216, 221, and 224 have been vacated. CL
234 implements the vacatur of these provisions. Maine did not adopt the
exclusions contained in CLs 216, 221, or 224; therefore, the adoption
of CL 234 in Maine would be inconsequential. Maine's authorized program
continues to be equivalent to and no less stringent than the Federal
program without having to make any conforming changes pursuant to these
rule checklists.

H. Where are the revised State rules different from the Federal rules?

    When revised State rules differ from the Federal rules in the RCRA
State authorization process, EPA determines whether the State rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent states from adopting regulations that are
broader in scope than the Federal program, states cannot receive
federal authorization for such regulations, and they are not federally
enforceable.

1. Maine Requirements That Are Broader in Scope

    Maine's hazardous waste program contains certain provisions that
are broader than the scope of the Federal program. These broader in
scope provisions are not part of the program the EPA is proposing to
authorize. The EPA cannot enforce requirements that are broader in
scope, although compliance with such provisions is required by State
law. In 2002, in response to vacaturs ordered by the court, the EPA
codified the decision that the Toxicity Characteristic Leaching
Procedure (TCLP) may not be used for determining whether manufactured
gas plant (MGP) waste is hazardous under RCRA. Maine has not adopted
this change; therefore it regulates MGP waste that is determined to be
hazardous using the TCLP. State-only wastes make Maine's universe of
regulated hazardous waste larger than the EPA's and is therefore
broader in scope.

2. Maine's Requirements That Are More Stringent Than the Federal
Program

    Maine's hazardous waste program contains several provisions that
are more stringent than the Federal RCRA program. More stringent
provisions are part of a federally-authorized program and are,
therefore, federally enforceable. Under this action, the EPA would
authorize every provision in Maine's program that is more stringent.
The provisions of the proposed program revision that are more stringent
are noted in Table 1. They include, but are not limited to, the
following:
    (a) There are several conditional exclusions from the definition of
solid waste that Maine has not adopted. They include the exclusions at:
40 CFR 261.4(a)(9), (12), (18), (19) and (20). In addition, there are
also exclusions from the definition of hazardous waste that Maine has
not adopted. They include the exclusions at 40 CFR 261.4(b)(4) for the
co-disposed wastes associated with coal combustion residuals and 40 CFR
261.4(b)(7) for mining wastes. Maine regulates mining waste in Chapter
200. Therefore, Maine's regulations are more stringent with respect to
the exclusions listed here.
    (b) Maine regulates Conditionally Exempt Small Quantity Generators
(CESQGs) more stringently by not allowing CESQG waste disposal in
Subtitle D landfills and requiring the waste to be shipped on a
hazardous waste manifest.
    (c) There are various permitting provisions that Maine has adopted
that include more stringent requirements. They include the following:
all hazardous waste landfills, surface impoundments and wastes piles
must have double liners; a leachate detection, collection and removal
system must be installed between the top synthetic liner and bottom
composite liner in addition to one installed immediately above the top
synthetic liner for all land disposal units; the demonstration for
disposal of non-hazardous liquid waste in landfills is not allowed; all
new drip pads must be constructed with a liner, and a leak detection
and collection system; the use

of the financial test or corporate guarantee for liability coverage is
not allowed; and, Maine did not adopt the provisions in 40 CFR part
266, subpart H, boilers and industrial furnaces are regulated as
incinerators in Maine.
    (d) Maine's manifest recordkeeping requirements are also more
stringent. Records must be kept for the life of the facility if that
facility is the ultimate destination for the waste. In addition, for
bulk shipments where a manifest has not been received by the designated
facility (unmanifested waste), or where a paper manifest or shipping
paper is used, the facility must send a copy of the manifest or
shipping paper to Maine DEP within 7 days.
    (e) Maine did not adopt the 40 CFR part 266, subpart M provisions
for military munitions. If munitions are a waste and also a hazardous
waste, then they are regulated under Maine's hazardous waste program,
except under an emergency response per the provisions in Chapter 856,
section 18(A)(4).
    (f) The EPA excludes mixtures of non-hazardous waste with certain
listed hazardous wastes from the definition of hazardous waste if
certain conditions are met. The types of mixtures and associated
conditions for exclusion are listed in 40 CFR 261.3(a)(2)(iv) and are
generally referred to as the ``headworks exemption.'' Maine does not
include these provisions in their regulations but regulates these
mixtures as a hazardous waste, see Chapter 850, section 3(A)(3)(b)(ii)
and 3(A)(3)(b)(iii).
    (g) The EPA conditionally excludes certain wastes generated from
the treatment, storage or disposal of listed wastes from hazardous
waste regulation in 40 CFR 261.3(c)(2)(ii). In 40 CFR 261.4(b)(15), the
EPA conditionally excludes leachate or gas condensate collected in
landfills where certain inorganic chemical manufacturing wastes
(namely, K169, K170, K171, K172, K174, K175, K176, K 177, K178, and
K181) have been disposed. Maine regulates any waste generated from the
handling of a hazardous waste as hazardous waste, including any sludge,
spill residue, ash, emission control dust, and leachate, see Chapter
850, section 3(A)(3)(c)(ii).

I. Who handles permits after the authorization takes effect?

    Maine will continue to issue permits covering all the provisions
for which it is authorized and will administer the permits it issues.
EPA will implement and issue permits for any HSWA requirements for
which Maine is not yet authorized in the future.

J. How would this action affect Indian Country (18 U.S.C. 115) in
Maine?

    Maine is not authorized to carry out its hazardous waste program in
Indian country within the State, which includes the land of the Houlton
Band of Maliseet Indians; the Mi'kmaq Nation; the Passamaquoddy Tribe
at Pleasant Point and Indian Township; and the Penobscot Nation. In its
Attorney General's statement, as amended on July 25, 2022, the State
asserted it has jurisdiction in Indian country pursuant to the Act to
Implement the Maine Indian Claims Settlement (Maine Implementing Act),
30 M.R.S. sections 6201 to 6214, and the federal Maine Indian Claims
Settlement Act, 25 U.S.C. 1721 to 1735 (former codification). Because
of the significant time and resources needed to address the State's
assertion of authority to regulate activities on Indian country under
RCRA, the EPA is not making a determination on such authority as part
of the decision. This approach allows EPA to move forward with approval
of the State's program elsewhere in the State while it continues to
work on the State's assertion in Indian country. EPA is committed to
doing so following consultation with the federally recognized Indian
tribes in Maine, consistent with Executive Order 13175 (Nov. 6, 2000)
and EPA's Policy on Consultation and Coordination with Indian Tribes
(May 4, 2011). Therefore, this action has no effect on Indian country.
EPA retains jurisdiction over Indian country and will continue to
implement and administer the RCRA program on these lands.

K. What is codification and will the EPA codify Maine hazardous waste
program as authorized in this rule?

    Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the authorization of Maine's changes at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart U for the
authorization of Maine's program at a later date.

L. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. This action is not an
Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action
because actions such as today's authorization of Maine's revised
hazardous waste program under RCRA are exempted under Executive Order
12866. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same reason,
this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), the EPA grants a State's application
for authorization as long as the State meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a State authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the

requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in taking this action, the EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct. The EPA has complied with Executive Order 12630 (53
FR 8859, March 15, 1988) by examining the takings implications of this
action in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This action does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ``Burden'' is defined
at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February 16,
1994) establishes Federal executive policy on environmental justice.
Its main provision directs Federal agencies, to the greatest extent
practicable and permitted by law, to make environmental justice part of
their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. Because
this action authorizes pre-existing State rules which are at least
equivalent to, and no less stringent than existing Federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, this rule is not subject to
Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and Recordkeeping requirements.

    Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: September 23, 2022.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2022-21321 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28904-28905]
[FR Doc No: 2012-11792]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66957; File No. 4-533]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the National Market System Plan for the Selection and
Reservation of Securities Symbols To Add BOX Options Exchange LLC as a
Party Thereto

May 10, 2012.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on May 7, 2012, the BOX Options Exchange LLC (``BOX'') filed with
the Securities and Exchange Commission (``Commission'') an amendment to
the National Market System Plan for the Selection and Reservation of
Securities Symbols (``Symbology Plan'' or ``Plan'').\3\ The

amendment proposes to add BOX as a party to the Symbology Plan. The
Commission is publishing this notice to solicit comments on the
proposed amendment from interested persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On November 6, 2008, the Commission approved the Symbology
Plan that was originally proposed by the Chicago Stock Exchange,
Inc. (``CHX''), The Nasdaq Stock Market, Inc. (``Nasdaq''), National
Association of Securities Dealers, Inc. (``NASD'') (n/k/a Financial
Industry Regulatory Authority, Inc. (``FINRA'')), National Stock
Exchange, Inc. (``NSX''), and Philadelphia Stock Exchange, Inc.
(``Phlx''), subject to certain changes. See Securities Exchange Act
Release No. 58904, 73 FR 67218 (November 13, 2008) (File No. 4-533).
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I. Description and Purpose of the Amendment

    The current parties to the Symbology Plan are BATS Exchange, Inc.
(``BATS''), NASDAQ OMX BX, Inc. (``BSE''), Chicago Board Options
Exchange, Incorporated (``CBOE''), CHX, EDGA Exchange, Inc. (``EDGA''),
EDGX Exchange, Inc. (``EDGX''), FINRA, the International Securities
Exchange, LLC (``ISE''), Nasdaq, New York Stock Exchange LLC
(``NYSE''), NYSE Arca, Inc. (``NYSE Arca''), NYSE Amex LLC (``NYSE
Amex'') (f/k/a NYSE Alternext US LLC'' (``NYSE Alternext'')), NSX and
Phlx.\4\ The proposed amendment to the Symbology Plan would add BOX as
a party to the Symbology Plan. A self-regulatory organization (``SRO'')
may become a party to the Symbology Plan if it satisfies the
requirements of Section I(c) of the Plan. Specifically, an SRO may
become a party to the Symbology Plan if: (i) It maintains a market for
the listing or trading of Plan Securities \5\ in accordance with rules
approved by the Commission, which securities are identified by one,
two, or three character symbols, on the one hand, or four or five
character symbols, on the other hand, in each case prior to any suffix
or special conditional identifier; (ii) it signs a current copy of the
Plan; and (iii) it pays to the other parties a proportionate share of
the aggregate development costs, based upon the number of symbols
reserved by the new party during the first twelve (12) months of such
party's membership.\6\
---------------------------------------------------------------------------

    \4\ On November 18, 2008, ISE filed with the Commission an
amendment to the Plan to add ISE as a member to the Plan. See
Securities and Exchange Act Release No. 59024 (November 26, 2008),
73 FR 74538 (December 8, 2008) (File No. 4-533). On December 22,
2008, NYSE, NYSE Arca, and NYSE Alternext (``NYSE Group Exchanges'')
and CBOE filed with the Commission amendments to the Plan to add the
NYSE Group Exchanges and CBOE as members to the Plan. See Securities
Exchange Act Release No. 59162 (December 24, 2008), 74 FR 132
(January 2, 2009) (File No. 4-533). On December 24, 2008, BSE filed
with the Commission an amendment to the Plan to add BSE as a member
to the Plan. See Securities Exchange Act Release No. 59187 (December
30, 2008), 74 FR 729 (January 7, 2009) (File No. 4-533). On
September 30, 2009, BATS filed with the Commission an amendment to
the Plan to add BATS as a member to the Plan. See Securities
Exchange Act Release No. 60856 (October 21, 2009), 74 FR 55276
(October 27, 2009) (File No. 4-533). On July 7, 2010, EDGA and EDGX
filed with the Commission an amendment to the Plan to add EDGA and
EDGX, each as a party to the Symbology Plan. See Securities Exchange
Act Release No. 62573 (July 26, 2010), 75 FR 45682 (August 3, 2010)
(File No. 4-533).
    \5\ ``Plan Securities'' are defined in the Symbology Plan as
securities that: (i) Are NMS securities as currently defined in Rule
600(a)(46) under the Act; and (ii) any other equity securities
quoted, traded and/or trade reported through an SRO facility.
    \6\ Sections I(c) and V(a) of the Plan.
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    BOX has submitted a signed copy of the Symbology Plan to the
Commission in accordance with the requirement set forth in the
Symbology Plan regarding new parties to the plan. Additionally, BOX
represented that it maintains a market for the listing or trading of
Plan Securities. Finally, BOX has agreed to pay all costs required by
BOX pursuant to the Symbology Plan, including its proportionate share
of the aggregate development costs previously paid by the other parties
to the Processor.

II. Effectiveness of the Proposed Symbology Plan Amendment

    The foregoing proposed Symbology Plan amendment has become
effective pursuant to Rule 608(b)(3)(iii) \7\ because it involves
solely technical or ministerial matters. At any time within sixty days
of the filing of the amendment, the Commission may summarily abrogate
the amendment and require that it be refiled pursuant to paragraph
(b)(1) of Rule 608,\8\ if it appears to the Commission that such action
is necessary or appropriate in the public interest, for the protection
of investors or the maintenance of fair and orderly markets, to remove
impediments to, and perfect the mechanisms of, a national market system
or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 17 CFR 242.608(b)(3)(iii).
    \8\ 17 CFR 242.608(b)(1).
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment is
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-533 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number 4-533. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, on official business days
between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
BOX. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number 4-533
and should be submitted on or before June 6, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(29).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11792 Filed 5-15-12; 8:45 am]
BILLING CODE 8011-01-P