81_FR_59671 81 FR 59503 - Maryland: Final Authorization of State Hazardous Waste Management Program Revisions

81 FR 59503 - Maryland: Final Authorization of State Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range59503-59510
FR Document2016-20849

Maryland has applied to the United States Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these revisions satisfy all requirements needed to qualify for final authorization and is authorizing Maryland's revisions through this direct final rule. In the ``Proposed Rules'' section of today's Federal Register, EPA is also publishing a separate document that serves as the proposal to authorize these revisions. EPA believes this action is not controversial and does not expect comments that oppose it. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Maryland's revisions to its hazardous waste program will take effect. If EPA receives comments that oppose this action, EPA will publish a document in the Federal Register withdrawing today's direct final rule before it takes effect and the separate document in today's ``Proposed Rules'' section of this Federal Register will serve as the proposal to authorize the revisions.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59503-59510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20849]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2015-0674; FRL-9951-51-Region 3]


Maryland: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: Maryland has applied to the United States Environmental 
Protection Agency (EPA) for final authorization of revisions to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA). EPA has determined that these revisions satisfy all 
requirements needed to qualify for final authorization and is 
authorizing Maryland's revisions through this direct final rule. In the 
``Proposed Rules'' section of today's Federal Register, EPA is also 
publishing a separate document that serves as the proposal to authorize 
these revisions. EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives written 
comments that oppose this authorization during the comment period, the 
decision to authorize Maryland's revisions to its hazardous waste 
program will take effect. If EPA receives comments that oppose this 
action, EPA will publish a document in the Federal Register withdrawing 
today's direct final rule before it takes effect and the separate 
document in today's ``Proposed Rules'' section of this Federal Register 
will serve as the proposal to authorize the revisions.

DATES: This final authorization will become effective on October 31, 
2016, unless EPA receives adverse written comments by September 29, 
2016. If EPA receives any such comments, 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-R03-
RCRA-2015-0674, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Stacie Pratt, Mailcode 3LC50, Office of State Programs, 
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
    4. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    You may inspect and copy Maryland's application from 8:00 a.m. to 
4:30 p.m., Monday through Friday at the following locations: Maryland 
Department of the Environment, Land Management Administration, Resource 
Management Program, 1800 Washington Blvd., Suite 610, Baltimore, 
Maryland 21230-1719, Phone number: (410) 537-3314, attn: Ed Hammerberg; 
and EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, 
PA 19103-2029, Phone number: (215) 814- 5254.
    Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2015-0674. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI), or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or 
email. The Federal regulations Web site, http://www.regulations.gov, is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. (For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the http://www.regulation.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy.

FOR FURTHER INFORMATION CONTACT: Stacie Pratt, Mailcode 3L50, Office of 
State Programs, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 
19103-2029; Phone: 215-814-5173.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States that have received final authorization from 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 is revised to become 
more stringent or broader in scope, States must revise their programs 
and apply to EPA to authorize the revisions. Authorization of revisions 
to State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other revisions occur. 
Most commonly, States must revise their programs because of revisions 
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions has EPA made in this rule?

    On July 31, 2015, Maryland submitted a final program revision 
application (with subsequent corrections) seeking authorization of 
revisions to its hazardous waste program that correspond to certain 
Federal rules promulgated between January 14, 1985 and August 5, 2005. 
EPA concludes that Maryland'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, EPA grants Maryland final 
authorization to operate its hazardous waste program with the revisions 
described in its

[[Page 59504]]

authorization application, and as outlined below in Section G of this 
document.
    Maryland has responsibility for permitting treatment, storage, and 
disposal facilities (TSDFs) within its borders and for carrying out the 
aspects of the RCRA program described in its application, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those HSWA requirements and 
prohibitions for which Maryland has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

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

    This action serves to authorize revisions to Maryland's authorized 
hazardous waste program. This action does not impose additional 
requirements on the regulated community because the regulations for 
which Maryland is being authorized by today's action are already 
effective and are not changed by today's action. Maryland has 
enforcement responsibilities under its state hazardous waste program 
for violations of its program, but EPA retains its authority under RCRA 
sections 3007, 3008, 3013, and 7003, which include, among others, 
authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Maryland 
has taken its own actions.

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

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

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

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's direct final rule by publishing a document in the 
Federal Register before the rule becomes effective. EPA will base any 
further decision on the authorization of Maryland's program revisions 
on the proposal mentioned in the previous section, after considering 
all comments received during the comment period. 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 EPA receives comments that oppose only the authorization of a 
particular revision to the State's hazardous waste program, 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 Maryland previously been authorized for?

    Maryland initially received final authorization effective February 
11, 1985 (50 FR 3511; January 25, 1985) to implement its base hazardous 
waste management program. EPA granted authorization for revisions to 
Maryland's regulatory program on June 1, 2001, effective July 31, 2001 
(66 FR 29712), and on July 26, 2004, effective September 24, 2004 (69 
FR 44463).

G. What revisions is EPA authorizing with this action?

    On July 31 2015, Maryland submitted a final program revision 
application (with subsequent corrections), seeking authorization of 
additional revisions to its program in accordance with 40 CFR 271.21. 
Maryland's revision application includes various regulations that are 
equivalent to, and no less stringent than, selected Federal final 
hazardous waste rules, as published in the Federal Register between 
January 14, 1985 and August 5, 2005.
    EPA now makes a direct final regisule, subject to receipt of 
written comments that oppose this action, that Maryland's hazardous 
waste program revision application satisfies all of the requirements 
necessary to qualify for final authorization. Therefore, EPA grants 
Maryland final authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

    Maryland seeks authority to administer the Federal requirements 
that are listed in Table 1 below. This table lists the Maryland analogs 
that are being recognized as no less stringent than the analogous 
Federal requirements. Note that the Federal rules listed in Table 1 may 
include revisions related to the land disposal restriction (LDR) 
regulations. Maryland has not adopted, and is not seeking authorization 
for, the LDR regulations.
    Maryland's regulatory references are to Title 26, Subtitle 13 of 
the Code of Maryland Regulations (COMAR), Chapters 01 through 10, as 
amended effective November 12, 2010. The State's statutory authority 
for its hazardous waste program is based on the Environment Article of 
the Annotated Code of Maryland (2013 Replacement Volume and 2014 
Supplement), and the State Government Article of the Annotated Code of 
Maryland (2014 Replacement Volume). Maryland's application also 
includes a revised Program Description, which provides a description of 
the hazardous waste regulatory program in Maryland.

         Table 1--Maryland's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of Federal
     requirement (revision       Federal Register    Analogous Maryland
        checklists \1\)                                  authority
------------------------------------------------------------------------
                             HSWA Cluster I
------------------------------------------------------------------------
Dioxin Waste Listing and        50 FR 1978, 1/14/  COMAR
 Management Standards,           85.                26.13.02.05C(1)*,
 Revision Checklist 14.                             .05C(2)* .05C(5)*,
                                                    .05C(6)(a),
                                                    .05C(7)*, .07B(1)
                                                    introductory
                                                    paragraph*, .07B(3)
                                                    introductory
                                                    paragraph*, .15E
                                                    introductory
                                                    paragraph, .15E(1),
                                                    .16, .19G, .22 Table
                                                    1, .22 Table 3, .23,
                                                    .24;

[[Page 59505]]

 
                                                   26.13.05.09H(4)
                                                    introductory
                                                    paragraph, .09H(5),
                                                    .11K(1), .11K(2),
                                                    .12J(1), .12J(2),
                                                    .13N(1), .13N(2),
                                                    .14P(1), .14P(2),
                                                    .16F(1)(a) and
                                                    16F(1)(b);
                                                   26.13.06.01A(6),
                                                    .23C, .24B(1);
                                                   26.13.07.02D(21), .02-
                                                    3B(9), .02-4B(17),
                                                    .02-5B(10), .02-
                                                    7B(7), .02-8B(8).
                                                   (More stringent
                                                    provisions:
                                                    26.13.06.01A(6),
                                                    .23C, .24B(1)).
                                                   *Certain portions of
                                                    the regulations are
                                                    considered broader
                                                    in scope; see
                                                    discussion in
                                                    Section H.1(a).
Location Standards for Salt     50 FR 28702, 7/15/ COMAR 26.13.05.02-1F
 Domes, Salt Beds, Underground   85.                and 26.13.06.02G.
 Mines and Caves, Revision
 Checklist 17E.
Ground-Water Monitoring,        50 FR 28702, 7/15/ COMAR
 Revision Checklist 17I.         85.                26.13.05.06A(3),
                                                    .11G(2)(b).
                                                   (More stringent
                                                    provisions
                                                    26.13.05.11(G)(4),
                                                    .12.E(4)(b),
                                                    .14C(2)(b)).
Pre-construction Ban, Revision  50 FR 28702, 7/15/ COMAR 26.13.07.01B.
 Checklist 17M.                  85.
                                                   (More stringent
                                                    provisions:
                                                    26.13.07.01B, no
                                                    State analog to 40
                                                    CFR 270.10(f)(3)).
Permit Life, Revision           50 FR 28702, 7/15/ COMAR 26.13.07.06.A
 Checklist 17N.                  85.                and .06C.
Research and Development        50 FR 28702, 7/15/ COMAR 26.13.07.02A
 Permits, Revision Checklist     85.                and .19.
 17Q.
Exposure Information, Revision  50 FR 28702, 7/15/ COMAR 26.13.07.02C
 Checklist 17S.                  85.                and .02D(37).
------------------------------------------------------------------------
                             HSWA Cluster II
------------------------------------------------------------------------
Permit Modification, Revision   52 FR 45788, 12/1/ COMAR
 Checklist 44D.                  87.                26.13.07.11B(3).
Permit Conditions to Protect    52 FR 45788, 12/1/ COMAR
 Human Health and the            87.                26.13.07.02D(36).
 Environment, Revision
 Checklist 44F.
Land Disposal Restrictions for  55 FR 22520, 6/1/  COMAR 26.13.02.10B,
 Third Third Scheduled Wastes,   90.                .11B, .12B, .13B,
 Revision Checklist 78 \2\.                         .14B, .16A/Table,
                                                    .19C, .23/Table.
------------------------------------------------------------------------
  (This checklist is HSWA Cluster II, with the exception of clarifying
        amendment to 261.33(c) which is in non-HSWA Cluster VI.)
------------------------------------------------------------------------
                            RCRA Cluster III
------------------------------------------------------------------------
Land Disposal Restrictions for  57 FR 37194, 8/18/ COMAR 26.13.01.03.B(9-
 Newly Listed Wastes and         92.                1), .03.B(53), and
 Hazardous Debris; Containment                      .03.B(63);
 Buildings, Revision Checklist                     26.13.02.03.A(2)(c),
 109 \2\.                                           .03.C-1(3)
                                                    introductory
                                                    paragraph through
                                                    (3)(d), .03.C-
                                                    1(3)(e)-(g), .03E
                                                    introductory
                                                    paragraph, .03E(1),
                                                    and .03(E)(2);
                                                   26.13.03.05.E(1)(b)(i
                                                    ii), 05.E(1)(b)(iv),
                                                    .05.E(1)(e),
                                                    .05.E(1)(l)(i),
                                                    .05.E(1)(l)(iii),
                                                    .05.E(1)(m),
                                                    .05.E(1)(n),
                                                    .05.E(4);
                                                   26.13.05.07.A(2)(a)-(
                                                    d), .07.B(3),
                                                    .07.C(1)(b), .08.A,
                                                    .18, .18-1, .18-
                                                    2(A), .18-2(B), .18-
                                                    2(C)(1)-(2), .18-
                                                    2(D)-(F), .18-3;
                                                   26.13.06.12A(1)-(4),
                                                    .07B(3), .08E(10),
                                                    .16A, .29;
                                                   26.13.07.13-2A(12)
                                                    and .23.C(3)(f).
                                                   (More stringent
                                                    provisions:
                                                    26.13.07.13-2A(12);
                                                    no State analogs to
                                                    40 CFR
                                                    270.42(e)(iii)(B)
                                                    and 270.42 Appendix
                                                    I Item I(6).)
Toxicity Characteristic         57 FR 23062, 6/1/  COMAR
 Amendment, Revision Checklist   92.                26.13.02.03A(2)(a)
 117B.                                              and .03A-1.
------------------------------------------------------------------------
                             RCRA Cluster IV
------------------------------------------------------------------------
Revision of Conditional         59 FR 8362, 2/18/  COMAR 26.13.02.04-
 Exemption for Small Scale       94.                4B(1)-(2), .04-4C,
 Treatability Studies,                              .04-4D, .04-4E, .04-
 Revision Checklist 129.                            5A(3)-(5), and .04-
                                                    5A(11)(b).
------------------------------------------------------------------------
                             RCRA Cluster V
------------------------------------------------------------------------
Recovered Oil Exclusion,        59 FR 38536, 7/28/ COMAR 26.13.02.03C-
 Revision Checklist 135 \3\.     94.                1(2), .04A(15) and
                                                    (16), .06A-1(1)(c)
                                                    and Agency Note, and
                                                    .06A-1(2)(c)-(e).
------------------------------------------------------------------------
Removal of the Conditional      59 FR 43496, 8/24/ COMAR
 Exemption for Certain Slag      94.                26.13.10.01A(4).
 Residues, Revision Checklist
 136 \2\.
Carbamate Production            60 FR 7824, 2/9/   COMAR 26.13.02.03A-
 Identification and Listing of   95; as amended     2(5)-(7), .03C-1(4),
 Hazardous Waste, Revision       at 60 FR 19165,    .17, .19E, .19G, .23
 Checklist 140.                  4/17/95, and at    and .24.
                                 60 FR 25619, 5/
                                 12/95.
------------------------------------------------------------------------

[[Page 59506]]

 
                             RCRA Cluster VI
------------------------------------------------------------------------
RCRA Expanded Public            60 FR 63417, 12/   COMAR 26.13.01.03B(23-
 Participation, Revision         11/95.             1);
 Checklist 148 \3\.                                 26.13.07.02D(39),
                                                    .04N, .14A(5),
                                                    .17B(7)-(12), .17D,
                                                    .19-1, .19-2A, .19-
                                                    2B, .20-2A(5)-(6),
                                                    .20-2D(4), .20-
                                                    2E(1)(d)-(f), .20-
                                                    2F(1)(a),
                                                    .20F(1)(d),
                                                    .20F(1)(h), .20-
                                                    2F(3) and .20-3.
                                                   (More Stringent
                                                    Provisions: COMAR
                                                    26.13.07.17B(12)(c),
                                                    .20-2A(5)-(6), .20-
                                                    2F(3), .20-3.)
Amendments to the Definition    61 FR 13103, 3/26/ COMAR
 of Solid Waste; Amendment II,   96.                26.13.02.04A(15)-(16
 Revision Checklist 150.                            ).
------------------------------------------------------------------------
                            RCRA Cluster VII
------------------------------------------------------------------------
Military Munitions Rule,        62 FR 6622, 2/12/  COMAR 26.13.01.03B(2-
 Revision Checklist 156.         97.                1), .03B(5-1),
                                                    .03B(22-2)-.03B(22-4
                                                    ), .03B(37-1),
                                                    .03B(51-1), .03B(51-
                                                    2), .03B(51-3),
                                                    .03B(69-1), .03B(87-
                                                    2);
                                                   26.13.02.02A(2)(c)-(d
                                                    );
                                                   26.13.03.01J,
                                                    .04A(6);
                                                   26.13.04.01A(4)-(5);
                                                   26.13.05.01A(2)(d)-(e
                                                    ), .01A(3)(h)(iv),
                                                    .01D(5)-(6),
                                                    .05A(2), .21;
                                                   26.13.06.01A(2)(d)-(e
                                                    ), .01A(4)(h)(iv),
                                                    .01A(5)(b)-(c),
                                                    .05A, .28;
                                                   26.13.07.01A, .13-1C;
                                                   26.13.10.27*, .10.28B-
                                                    D, .10.29-.31.
                                                   *Certain portions of
                                                    the regulations are
                                                    considered broader
                                                    in scope; see
                                                    discussion in
                                                    Section H.1(b).
Land Disposal Restrictions      62 FR 25998, 5/12/ COMAR
 Phase IV, Revision Checklist    97.                26.13.02.01C(3)(b)-(
 157 \2\.                                           e), .02G/Table 1,
                                                    .04A(11), .04A(12),
                                                    .06A-1(2)(b).
Conformance With the Carbamate  62 FR 32974, 6/17/ COMAR 26.13.02.17A/
 Vacatur, Revision Checklist     97.                Table, .19G, .23/
 159 \2\.                                           Table, and .24.
------------------------------------------------------------------------
                            RCRA Cluster VIII
------------------------------------------------------------------------
Kraft Mill Steam Stripper       63 FR 18504, 4/15/ COMAR
 Condensate Exclusion,           98.                26.13.02.04A(14).
 Revision Checklist 164.
------------------------------------------------------------------------
                             RCRA Cluster IX
------------------------------------------------------------------------
Petroleum Refining Process      63 FR 42110, 8/6/  COMAR 26.13.02.03A-
 Wastes, Revision Checklist      98.                2(3), .03C-1(2),
 169 \2\ \3\.                                       .03C-1(5), .04A(15)-
                                                    (18), .06A-1(2)(e),
                                                    .16A, .17A/Table,
                                                    and .23/Table.
Petroleum Refining Process      64 FR 6806, 2/11/  COMAR 26.13.02.04-
 Wastes--Leachate Exemption,     99.                1A(16) introductory
 Revision Checklist 178.                            language and (a)-(e)
                                                    and .02.04-1A-1.
------------------------------------------------------------------------
                             RCRA Cluster X
------------------------------------------------------------------------
Land Disposal Restrictions....  64 FR 56469, 10/   COMAR 26.13.02.17A/
Phase IV--Technical              20/99.             Table.
 Corrections, Revision
 Checklist 183 \2\.
Petroleum Refining Process      65 FR 36365, 6/8/  COMAR 26.13.02.16A/
 Wastes Clarification,           00.                Table.
 Revision Checklist 187 \2\.
------------------------------------------------------------------------
                             RCRA Cluster XI
------------------------------------------------------------------------
Chlorinated Aliphatics Listing  65 FR 67068, 11/8/ COMAR 26.13.02.17A/
 and LDRs for Newly Identified   00.                Table, .23/Table,
 Wastes, Revision Checklist                         and .24.
 189 \2\.
Mixture and Derived--From       66 FR 27266, 5/16/ COMAR
 Rules Revisions, Revision       01.                26.13.02.03A(2)(c),
 Checklist 192A.                                    .03A(2)(d), .03A-2,
                                                    .03C(2)(a), .03F
                                                    introductory
                                                    language and (1)-
                                                    (2).
                                                   (More Stringent
                                                    Provisions: COMAR
                                                    26.13.02.03C(2)(a).)
------------------------------------------------------------------------
                            RCRA Cluster XII
------------------------------------------------------------------------
Mixture and Derived--From       66 FR 50332, 10/3/ COMAR
 Rules Revision II, Revision     01.                26.13.02.03A(2)(d),
 Checklist 194.                                     .03A-2, and .03F(3).
Inorganic Chemical............  66 FR 58258, 11/   COMAR 26.13.02.04-
Manufacturing Wastes..........   20/01.             1A(16)(a)-(e), .04-
Identification and Listing,...                      1A-1, .17A/Table,
Revision Checklist 195 \2\....                      and .23 Table.

[[Page 59507]]

 
Vacatur of Mineral Processing   67 FR 11251, 3/13/ COMAR 26.13.02.02C(3)
 Spent Materials Being           02.                and .14A.
 Reclaimed as Solid Wastes and
 TCLP Use With MGP Waste,
 Revision Checklist 199.
------------------------------------------------------------------------
                             RCRA Cluster XV
------------------------------------------------------------------------
Uniform Hazardous Waste         70 FR 10776, 3/4/  COMAR
 Manifest Rule, Revision         05; as amended     26.13.01.03B(12),
 Checklist 207.                  70 FR 35034, 6/    .03B(50)-(51),
                                 16/05.             .03B(55-1-1);
                                                   26.13.02.07B(1)(b)(i)
                                                    -(ii);
                                                   26.13.03.04(A)(1),.04
                                                    B(1)(b),
                                                    .04B(1)(c)(i)-(ii),
                                                    .04B(1)(d)-(e),
                                                    .04(B)(2)(a)(ii),
                                                    .04B(2)(b)-(d),
                                                    .04B(3)-(6), .04C,
                                                    .04D(2)(e),
                                                    .04F(2)(a)-(b),
                                                    .05C(2), .05D,
                                                    .05E(4), .07-2A(3)
                                                    and (5), .07-3B(3)-
                                                    (4), .07-3C;
                                                   26.13.04.02A(1),
                                                    .02A(7), .02B(2)-
                                                    (4);
                                                   26.13.05.05A(2)-(3),
                                                    .05B(1)(a)-(d) and
                                                    (f)-(g), .05B(2)(d),
                                                    .05B(5), .05C, .05G;
                                                   26.13.06.05A.
------------------------------------------------------------------------
                            RCRA Cluster XVI
------------------------------------------------------------------------
Universal Waste Rule: Specific  70 FR 45508, 8/5/  26.13.01.03B(2-2),
 Provisions for Mercury          2005.              .03B(46-1), .03B(51-
 Containing Equipment,                              2), .03B(72-2),
 Revision Checklist 209 \2\.                        .03B(89-1);
                                                   26.13.02.07-1B(3);
                                                   26.13.05.01A(3);
                                                   26.13.06.01A(4)(j)(ii
                                                    i);
                                                   26.13.07.01A;
                                                   26.13.10.06B(3);
                                                   26.13.10.09, .14,
                                                    .17A(2)(d), .17A(3),
                                                    .19C(1)(a)(iv)-(v),
                                                    .20C, and .21A.
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
  revisions made to the Federal regulations by one or more related final
  rules published in the Federal Register. EPA develops these checklists
  as tools to assist States in developing their authorization
  applications and in documenting specific State analogs to the Federal
  regulations. For more information see EPA's RCRA State Authorization
  Web page at http://www.epa.gov/osw/laws-regs/state/index.htm.
\2\ Maryland is not seeking authorization for the provisions related to
  the Land Disposal Restriction (LDR) regulations because Maryland has
  not adopted the LDR regulations.
\3\ Maryland is not seeking authorization for the provisions related to
  the Boiler and Industrial Furnace (BIF) regulations because Maryland
  has not adopted these regulations.

2. State-Initiated Changes

    Maryland's program revision application includes State-initiated 
changes that are not directly related to any of the Revision Checklists 
in Table 1. Each State-initiated change is related to one of the 
following: (1) The adoption of a provision that makes internal 
clarification and conforming changes to the State's regulations, (2) 
adoption of a provision that makes the State's regulations, which had 
been more stringent, now equivalent to the Federal hazardous waste 
regulations, or (3) correction of typographical errors. EPA has 
evaluated the changes and has determined that the State's regulations 
remain consistent with, and are no less stringent than, the 
corresponding Federal regulations. EPA grants Maryland final 
authorization for the State provisions listed in Table 2. These 
requirements are analogous to the indicated Federal RCRA regulations 
found at relevant or applicable 40 CFR sections as of July 1, 2005.

               Table 2--Equivalent State-Initiated Changes
------------------------------------------------------------------------
         State citation (COMAR)           Federal RCRA citation (40 CFR)
------------------------------------------------------------------------
26.13.02.05D(2)(c)(iv).................  No direct Federal analog.
                                          Related to 40 CFR 261.5(g)(3).
26.13.02.11A(3), A(4), and C;            40 CFR 261.21(a)(3); No Federal
 26.13.02.11-1.                           analog to 26.13.02.11-1.
26.13.02.13A(8) and C..................  40 CFR 261.23(a)(8).
26.13.03.07-5A(2)......................  262.58(a).
26.13.06.01A(4)(k).....................  265.1(c)(13).
26.13.07.20-2F(3)(e)...................  No Federal analog in 40 CFR
                                          124.32.
26.13.10.03A...........................  266.70(a).
26.13.10.04C...........................  266.80.
26.13.10.26............................  No Federal analog in 40 CFR
                                          273.
------------------------------------------------------------------------


[[Page 59508]]

H. Where are the revised Maryland rules different from the federal 
rules?

1. Maryland Requirements That Are Broader in Scope

    The Maryland hazardous waste program contains certain provisions 
that are broader in scope than the Federal program. These broader in 
scope provisions are not part of the program being authorized by 
today's action. EPA cannot enforce requirements that are broader in 
scope, although compliance with such provisions is required by Maryland 
law. Examples of broader in scope provisions of Maryland's program 
include, but are not limited to, the following:
    (a) COMAR 26.13.02.05C(1) and (2), .05.C(5), .05C(6)(b), .05C(7), 
.07B(1) introductory paragraph, .07B(3) introductory paragraph, and 
.15E(2) (part of the State's analogs to 40 CFR 261.5(e), 261.7(b), and 
261.30(d)) contain references to polychlorinated biphenyls (PCBs) and 
to State-only wastes listed at COMAR 26.13.02.17 (K991 through K999; 
military wastes), COMAR 26.13.02.18 (MD01: a type of Filter cake and 
chemical sludge) and COMAR 26.13.02.19.F (M001: PCBs above 500 parts 
per million (ppm), which is regulated under the Toxic Substances and 
Control Act (TSCA)). The portions of these provisions that are 
associated with the State-only wastes and the PCBs above 500 ppm go 
beyond the scope of the Federal program because PCBs and the State-only 
wastes are not Federal hazardous wastes and, thus, are not part of the 
program being authorized by today's action.
    (b) At COMAR 26.13.10.27B(3)(a)-(b), Maryland has included as solid 
wastes those unused military munitions that have been abandoned by 
being treated ((3)(a)(v)) or removed from storage and treated 
((3)(b)(iii)). The Federal analogs at 40 CFR 266.202(b)(1) and (2) do 
not include treatment alone as a requirement for becoming a solid 
waste. Instead, treatment is used in the context of the step prior to 
disposal (see 56 FR 6626). As such, Maryland's requirements at COMAR 
26.13.10.27B(3)(a)(v) and 26.13.10.27B(3)(b)(iii) are broader in scope 
than the Federal program, where an unused munition that is subject to 
chemical treatment without disposal would not be regulated as a solid 
waste.
    (c) Maryland has not adopted the mixed waste rule (66 FR 27218). 
Therefore, Maryland does not have an analog to 40 CFR 261.3(h), which 
exempts eligible radioactive mixed waste from regulation as a hazardous 
waste. As a result, Maryland's regulations is broader in scope than the 
Federal program because eligible radioactive mixed wastes are not 
Federal hazardous wastes and, thus, are not part of the program being 
authorized by today's action.
    (d) Maryland has not adopted the vacatur of mineral processing 
spent materials being reclaimed as solid wastes. Therefore, Maryland 
does not have an analog to 40 CFR 261.4(a)(17). By regulating these 
materials, Maryland's program is broader in scope than the Federal 
program because these materials are not Federal solid wastes and, thus, 
are not part of the program being authorized by today's action.

2. Maryland Requirements That Are More Stringent Than the Federal 
Program

    Maryland's hazardous waste program contains several provisions that 
are more stringent than the RCRA program. The more stringent provisions 
are part of a Federally-authorized program and are, therefore, 
Federally-enforceable. The specific more stringent provisions are also 
noted in Table 1 and in Maryland's authorization application. They 
include, but are not limited to, the following:
    (a) Maryland has not adopted analogs to the Federal provisions at 
40 CFR 265.1(d)(1)(iv)-(v), which allow dioxin wastes to be burned in 
certain incinerators and facilities that thermally treat the waste in 
other devices. Maryland has replaced these provisions with a provision 
at COMAR 26.13.06.01.A(6)(d) that allows dioxin wastes to be managed at 
a permitted facility, thus making Maryland's regulations more 
stringent.
    (b) The Federal regulations at 40 CFR 265.352 and 265.383 allow 
owners and operators of incinerators and thermal treatment devices who 
have received the required certification to burn EPA hazardous wastes 
F020, F021, F022, F023, F026, or F027. However, Maryland's regulations 
at COMAR 26.13.06.23C and .24.B(1) prohibit the burning of such wastes, 
thus making Maryland's regulations more stringent.
    (c) Maryland did not adopt an analog to the Federal provision at 40 
CFR 270.10(f)(3), which was removed by the July 15, 1985 rule (50 FR 
28702), nor has Maryland adopted the optional provision introduced by 
the July 15, 1985 rule at 40 CFR 270.10(f)(3). As a result, COMAR 
26.13.07.01B, which is Maryland's analog to 40 CFR 270.10(f)(1), does 
not include the phrase analogous to ``except as provided in paragraph 
(f)(3) of this section.'' The Federal provision at 40 CFR 270.10(f)(3) 
allows a person to construct a facility for the incineration of PCBs 
without a RCRA permit if an approval has been issued under TSCA. 
Without this exemption, Maryland's regulations are more stringent.
    (d) Certain provisions of Maryland's regulations pertaining to 
containment buildings are considered more stringent than the Federal 
requirements. These provisions include:
     Maryland has not adopted an analog to 40 CFR 270.42(e), 
which allows the Director to grant a permittee a temporary 
authorization without prior public notice and comment. Maryland's 
regulations are considered more stringent because it does not provide 
for temporary authorizations.
     The Federal regulations at 40 CFR 270.42 Appendix I 
classify the conversion of an enclosed waste pile to a containment 
building as a Class 2 modification. Unlike the Federal regulations, 
which have three classes of permit modifications, Maryland only lists 
minor modifications in COMAR 26.13.07.13-2. Any modification not listed 
in COMAR 26.13.07.13-2 is a major modification in Maryland. Maryland's 
regulations are more stringent because it treats this Class 2 
modification in the Federal regulations as a major modification.
     Maryland has adopted the Federal Class 1 modifications of 
40 CFR 270.42 Appendix I as part of its minor modifications. Maryland's 
regulations are more stringent because it treats the Federal Class 2 
and 3 permit modifications for containment buildings as major 
modifications.
    (e) Maryland has several additional requirements for public 
participation in the hazardous waste program permitting process, which 
make the State's regulations more stringent. The requirements include, 
but are not limited to, the following:
     Maryland's regulations at COMAR 26.13.07.17B(12)(c) 
provides a specific number of days (30) rather than requiring ``a 
reasonable period of time,'' as found in the Federal regulations. 
Therefore, Maryland's regulations are considered more stringent.
     Maryland's requirements at COMAR 26.13.07.20-2A(5) and (6) 
are more stringent because public notice must also be given of receipt 
of an application for a permit modification and of receipt of an 
application for post-closure activities.
     Maryland's regulations at COMAR 26.13.07.20-2F(3)(e) 
require that the public notice include information on how to request 
that an informational meeting be held. This requirement is an 
additional requirement making Maryland's regulations more stringent.

[[Page 59509]]

     Maryland's regulations at COMAR 26.13.07.20-3 require the 
Director to hold informational meetings under specific conditions, 
which is considered more stringent than the Federal regulations.
    (f) Maryland has not adopted the mixed waste rule (66 FR 27218). 
Therefore, Maryland's regulation at COMAR 26.13.02.03C(2) is more 
stringent than the Federal requirements because the Maryland regulation 
does not include all of the exceptions found in the analogous Federal 
regulation at 40 CFR 261.3(c)(2)(i).

3. Federal Requirements for which Maryland is not Seeking Authorization

    Maryland is not seeking authorization for the land disposal 
restriction (40 CFR 268), used oil standards (40 CFR 279), boiler and 
industrial furnace standards (40 CFR 266, Subpart H), air emission 
standards (40 CFR 264 and 265, Subparts AA, BB, and CC), or HSWA 
corrective action requirements.

I. Who handles permits after the authorization takes effect?

    After this authorization revision, Maryland will issue permits 
covering all the provisions for which it is authorized and will 
administer all such permits. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits that it issued prior to 
the effective date of this authorization until the timing and process 
for effective transfer to the State are mutually agreed upon. Until 
such time, as EPA formally transfers responsibility for a permit to 
Maryland and EPA terminates its permit, EPA and Maryland agree to 
coordinate the administration of such permit in order to maintain 
consistency. EPA will not issue any more new permits or new portions of 
permits for the provisions listed in Section G after the effective date 
of this authorization. EPA will continue to implement and issue permits 
for HSWA requirements for which Maryland is not yet authorized.

J. How does this action affect Indian country (18 U.S.C. 115) in 
Maryland?

    Maryland is not seeking authority to operate the program on Indian 
lands, since there are no Federally-recognized Indian Lands in 
Maryland.

K. What is codification and is EPA codifying Maryland's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this action by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart V, for this authorization of 
Maryland's program revisions until a later date.

L. Administrative Requirements

    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). Therefore, this action 
is not subject to review by OMB. This action authorizes State 
requirements pursuant to RCRA section 3006 and imposes no additional 
requirements beyond those imposed by State law. 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 
(Pub. L. 104-4). 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). 
In any case, Executive Order 13175 does not apply to this rule since 
there are no Federally recognized tribes in Maryland.
    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 concern environmental health or safety 
risks that may disproportionately affect children. This rule 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), 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 EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that satisfies the requirements of RCRA. Thus, the requirements of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
3701, et seq.) do not apply. As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA 
has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 18, 1988) by examining the takings 
implications of the rule 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 rule 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 rule 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, the rule is not subject to 
Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and

[[Page 59510]]

other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective October 31, 2016.

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: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, EPA Region III.
[FR Doc. 2016-20849 Filed 8-29-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                        59503

                                                other) in or on the commodities listed                  RCRA–2015–0674, by one of the                         encryption, and be free of any defects or
                                                in fruit, citrus group 10–10, when used                 following methods:                                    viruses. (For additional information
                                                in accordance with the terms of                            1. Federal eRulemaking Portal: http://             about EPA’s public docket, visit the EPA
                                                Experimental Use Permit No. 88232–                      www.regulations.gov. Follow the on-line               Docket Center homepage at
                                                EUP–2. This temporary exemption from                    instructions for submitting comments.                 www.epa.gov/epahome/dockets.htm).
                                                the requirement of a tolerance expires                     2. Email: pratt.stacie@epa.gov.                       Docket: All documents in the docket
                                                on August 31, 2020.                                        3. Mail: Stacie Pratt, Mailcode 3LC50,             are listed in the http://
                                                                                                        Office of State Programs, U.S. EPA                    www.regulation.gov index. Although
                                                [FR Doc. 2016–20547 Filed 8–29–16; 8:45 am]
                                                                                                        Region III, 1650 Arch Street,                         listed in the index, some information is
                                                BILLING CODE 6560–50–P
                                                                                                        Philadelphia, PA 19103–2029.                          not publicly available, e.g., CBI or other
                                                                                                           4. Hand Delivery: At the previously-               information whose disclosure is
                                                                                                        listed EPA Region III address. Such                   restricted by statute. Certain other
                                                ENVIRONMENTAL PROTECTION
                                                                                                        deliveries are only accepted during                   material, such as copyrighted material,
                                                AGENCY
                                                                                                        normal hours of operation, and special                will be publicly available only in hard
                                                40 CFR Part 271                                         arrangements should be made for                       copy. Publicly available docket
                                                                                                        deliveries of boxed information.                      materials are available either
                                                [EPA–R03–RCRA–2015–0674; FRL–9951–                         You may inspect and copy Maryland’s
                                                                                                                                                              electronically at http://
                                                51–Region 3]                                            application from 8:00 a.m. to 4:30 p.m.,
                                                                                                                                                              www.regulations.gov or in hard copy.
                                                                                                        Monday through Friday at the following
                                                Maryland: Final Authorization of State                  locations: Maryland Department of the                 FOR FURTHER INFORMATION CONTACT:
                                                Hazardous Waste Management                              Environment, Land Management                          Stacie Pratt, Mailcode 3L50, Office of
                                                Program Revisions                                       Administration, Resource Management                   State Programs, U.S. EPA Region III,
                                                                                                        Program, 1800 Washington Blvd., Suite                 1650 Arch Street, Philadelphia, PA
                                                AGENCY: Environmental Protection                                                                              19103–2029; Phone: 215–814–5173.
                                                                                                        610, Baltimore, Maryland 21230–1719,
                                                Agency (EPA).
                                                                                                        Phone number: (410) 537–3314, attn: Ed                SUPPLEMENTARY INFORMATION:
                                                ACTION: Direct final rule.                              Hammerberg; and EPA Region III,
                                                                                                                                                              A. Why are revisions to State programs
                                                SUMMARY:    Maryland has applied to the                 Library, 2nd Floor, 1650 Arch Street,
                                                                                                                                                              necessary?
                                                United States Environmental Protection                  Philadelphia, PA 19103–2029, Phone
                                                                                                        number: (215) 814– 5254.                                States that have received final
                                                Agency (EPA) for final authorization of
                                                                                                           Instructions: Direct your comments to              authorization from EPA under RCRA
                                                revisions to its hazardous waste
                                                                                                        Docket ID No. EPA–R03–RCRA–2015–                      section 3006(b), 42 U.S.C. 6926(b), must
                                                program under the Resource
                                                                                                        0674. EPA’s policy is that all comments               maintain a hazardous waste program
                                                Conservation and Recovery Act (RCRA).
                                                                                                        received will be included in the public               that is equivalent to, consistent with,
                                                EPA has determined that these revisions                 docket without change and may be                      and no less stringent than the Federal
                                                satisfy all requirements needed to                      made available online at                              program. As the Federal program is
                                                qualify for final authorization and is                  www.regulations.gov, including any                    revised to become more stringent or
                                                authorizing Maryland’s revisions                        personal information provided, unless                 broader in scope, States must revise
                                                through this direct final rule. In the                  the comment includes information                      their programs and apply to EPA to
                                                ‘‘Proposed Rules’’ section of today’s                   claimed to be Confidential Business                   authorize the revisions. Authorization of
                                                Federal Register, EPA is also publishing                Information (CBI), or other information               revisions to State programs may be
                                                a separate document that serves as the                  whose disclosure is restricted by statute.            necessary when Federal or State
                                                proposal to authorize these revisions.                  Do not submit information that you                    statutory or regulatory authority is
                                                EPA believes this action is not                         consider to be CBI or otherwise                       modified or when certain other
                                                controversial and does not expect                       protected through http://                             revisions occur. Most commonly, States
                                                comments that oppose it. Unless EPA                     www.regulations.gov or email. The                     must revise their programs because of
                                                receives written comments that oppose                   Federal regulations Web site, http://                 revisions to EPA’s regulations in 40
                                                this authorization during the comment                   www.regulations.gov, is an ‘‘anonymous                Code of Federal Regulations (CFR) parts
                                                period, the decision to authorize                       access’’ system, which means EPA will                 124, 260 through 266, 268, 270, 273 and
                                                Maryland’s revisions to its hazardous                   not know your identity or contact                     279.
                                                waste program will take effect. If EPA                  information unless you provide it in the
                                                receives comments that oppose this                      body of your comment. If you send an                  B. What decisions has EPA made in this
                                                action, EPA will publish a document in                  email comment directly to EPA without                 rule?
                                                the Federal Register withdrawing                        going through http://                                    On July 31, 2015, Maryland submitted
                                                today’s direct final rule before it takes               www.regulations.gov, your email                       a final program revision application
                                                effect and the separate document in                     address will be automatically captured                (with subsequent corrections) seeking
                                                today’s ‘‘Proposed Rules’’ section of this              and included as part of the comment                   authorization of revisions to its
                                                Federal Register will serve as the                      that is placed in the public docket and               hazardous waste program that
                                                proposal to authorize the revisions.                    made available on the Internet. If you                correspond to certain Federal rules
                                                DATES: This final authorization will                    submit an electronic comment, EPA                     promulgated between January 14, 1985
                                                become effective on October 31, 2016,                   recommends that you include your                      and August 5, 2005. EPA concludes that
                                                unless EPA receives adverse written                     name and other contact information in                 Maryland’s application to revise its
                                                comments by September 29, 2016. If                      the body of your comment and with any                 authorized program meets all of the
mstockstill on DSK3G9T082PROD with RULES




                                                EPA receives any such comments, EPA                     disk or CD–ROM you submit. If EPA                     statutory and regulatory requirements
                                                will publish a timely withdrawal of this                cannot read your comment due to                       established by RCRA, as set forth in
                                                direct final rule in the Federal Register               technical difficulties and cannot contact             RCRA section 3006(b), 42 U.S.C 6926(b),
                                                and inform the public that this                         you for clarification, EPA may not be                 and 40 CFR part 271. Therefore, EPA
                                                authorization will not take effect.                     able to consider your comment.                        grants Maryland final authorization to
                                                ADDRESSES: Submit your comments,                        Electronic files should avoid the use of              operate its hazardous waste program
                                                identified by Docket ID No. EPA–R03–                    special characters, any form of                       with the revisions described in its


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00079   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                59504             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                authorization application, and as                       program revisions. EPA did not publish                G. What revisions is EPA authorizing
                                                outlined below in Section G of this                     a proposal before today’s rule because                with this action?
                                                document.                                               EPA views this action as a routine                       On July 31 2015, Maryland submitted
                                                   Maryland has responsibility for                      program change and does not expect                    a final program revision application
                                                permitting treatment, storage, and                      comments that oppose its approval. EPA                (with subsequent corrections), seeking
                                                disposal facilities (TSDFs) within its                  is providing an opportunity for public                authorization of additional revisions to
                                                borders and for carrying out the aspects                comment now, as described in Section                  its program in accordance with 40 CFR
                                                of the RCRA program described in its                    E of this document.                                   271.21. Maryland’s revision application
                                                application, subject to the limitations of
                                                                                                        E. What happens if EPA receives                       includes various regulations that are
                                                the Hazardous and Solid Waste
                                                                                                                                                              equivalent to, and no less stringent than,
                                                Amendments of 1984 (HSWA). New                          comments that oppose this action?
                                                                                                                                                              selected Federal final hazardous waste
                                                Federal requirements and prohibitions
                                                                                                           If EPA receives comments that oppose               rules, as published in the Federal
                                                imposed by Federal regulations that
                                                                                                        this authorization, EPA will withdraw                 Register between January 14, 1985 and
                                                EPA promulgates under the authority of
                                                                                                        today’s direct final rule by publishing a             August 5, 2005.
                                                HSWA take effect in authorized States
                                                                                                        document in the Federal Register before                  EPA now makes a direct final
                                                before they are authorized for the
                                                                                                        the rule becomes effective. EPA will                  regisule, subject to receipt of written
                                                requirements. Thus, EPA will
                                                                                                        base any further decision on the                      comments that oppose this action, that
                                                implement those HSWA requirements
                                                                                                        authorization of Maryland’s program                   Maryland’s hazardous waste program
                                                and prohibitions for which Maryland
                                                                                                        revisions on the proposal mentioned in                revision application satisfies all of the
                                                has not been authorized, including
                                                                                                                                                              requirements necessary to qualify for
                                                issuing HSWA permits, until the State is                the previous section, after considering
                                                                                                                                                              final authorization. Therefore, EPA
                                                granted authorization to do so.                         all comments received during the
                                                                                                                                                              grants Maryland final authorization for
                                                C. What is the effect of today’s                        comment period. EPA will then address                 the following program revisions:
                                                authorization decision?                                 all such comments in a later final rule.
                                                                                                        You may not have another opportunity                  1. Program Revision Changes for Federal
                                                  This action serves to authorize                       to comment. If you want to comment on                 Rules
                                                revisions to Maryland’s authorized                      this authorization, you must do so at
                                                hazardous waste program. This action                                                                             Maryland seeks authority to
                                                                                                        this time.                                            administer the Federal requirements
                                                does not impose additional
                                                requirements on the regulated                              If EPA receives comments that oppose               that are listed in Table 1 below. This
                                                community because the regulations for                   only the authorization of a particular                table lists the Maryland analogs that are
                                                which Maryland is being authorized by                   revision to the State’s hazardous waste               being recognized as no less stringent
                                                today’s action are already effective and                program, EPA will withdraw that part of               than the analogous Federal
                                                are not changed by today’s action.                      this rule, but the authorization of the               requirements. Note that the Federal
                                                Maryland has enforcement                                program revisions that the comments do                rules listed in Table 1 may include
                                                responsibilities under its state                        not oppose will become effective on the               revisions related to the land disposal
                                                hazardous waste program for violations                                                                        restriction (LDR) regulations. Maryland
                                                                                                        date specified above. The Federal
                                                of its program, but EPA retains its                                                                           has not adopted, and is not seeking
                                                                                                        Register withdrawal document will
                                                authority under RCRA sections 3007,                                                                           authorization for, the LDR regulations.
                                                                                                        specify which part of the authorization
                                                3008, 3013, and 7003, which include,                                                                             Maryland’s regulatory references are
                                                                                                        will become effective, and which part is              to Title 26, Subtitle 13 of the Code of
                                                among others, authority to:                             being withdrawn.
                                                  • Perform inspections, and require                                                                          Maryland Regulations (COMAR),
                                                monitoring, tests, analyses or reports;                 F. What has Maryland previously been                  Chapters 01 through 10, as amended
                                                  • Enforce RCRA requirements and                       authorized for?                                       effective November 12, 2010. The State’s
                                                suspend or revoke permits; and                                                                                statutory authority for its hazardous
                                                  • Take enforcement actions regardless                    Maryland initially received final                  waste program is based on the
                                                of whether Maryland has taken its own                   authorization effective February 11,                  Environment Article of the Annotated
                                                actions.                                                1985 (50 FR 3511; January 25, 1985) to                Code of Maryland (2013 Replacement
                                                                                                        implement its base hazardous waste                    Volume and 2014 Supplement), and the
                                                D. Why wasn’t there a proposed rule                                                                           State Government Article of the
                                                                                                        management program. EPA granted
                                                before today’s rule?                                                                                          Annotated Code of Maryland (2014
                                                                                                        authorization for revisions to
                                                   Along with this direct final rule, EPA               Maryland’s regulatory program on June                 Replacement Volume). Maryland’s
                                                is publishing a separate document in the                1, 2001, effective July 31, 2001 (66 FR               application also includes a revised
                                                ‘‘Proposed Rules’’ section of today’s                   29712), and on July 26, 2004, effective               Program Description, which provides a
                                                Federal Register that serves as the                     September 24, 2004 (69 FR 44463).                     description of the hazardous waste
                                                proposal to authorize these State                                                                             regulatory program in Maryland.
                                                                                      TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS
                                                            Description of Federal requirement
                                                                  (revision checklists 1)                                 Federal Register                        Analogous Maryland authority
mstockstill on DSK3G9T082PROD with RULES




                                                                                                                          HSWA Cluster I

                                                Dioxin Waste Listing and Management Standards, Revi-               50 FR 1978, 1/14/85 ..........    COMAR       26.13.02.05C(1)*,     .05C(2)*    .05C(5)*,
                                                  sion Checklist 14.                                                                                  .05C(6)(a), .05C(7)*, .07B(1) introductory paragraph*,
                                                                                                                                                      .07B(3) introductory paragraph*, .15E introductory
                                                                                                                                                      paragraph, .15E(1), .16, .19G, .22 Table 1, .22 Table
                                                                                                                                                      3, .23, .24;




                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00080   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                                   Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                                   59505

                                                                              TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
                                                             Description of Federal requirement                              Federal Register                          Analogous Maryland authority
                                                                   (revision checklists 1)

                                                                                                                                                         26.13.05.09H(4) introductory paragraph, .09H(5),
                                                                                                                                                           .11K(1), .11K(2), .12J(1), .12J(2), .13N(1), .13N(2),
                                                                                                                                                           .14P(1), .14P(2), .16F(1)(a) and 16F(1)(b);
                                                                                                                                                         26.13.06.01A(6), .23C, .24B(1);
                                                                                                                                                         26.13.07.02D(21), .02–3B(9), .02–4B(17), .02–5B(10),
                                                                                                                                                           .02–7B(7), .02–8B(8).
                                                                                                                                                         (More stringent provisions: 26.13.06.01A(6), .23C,
                                                                                                                                                           .24B(1)).
                                                                                                                                                         *Certain portions of the regulations are considered
                                                                                                                                                           broader in scope; see discussion in Section H.1(a).
                                                Location Standards for Salt Domes, Salt Beds, Under-                    50 FR 28702, 7/15/85 ........    COMAR 26.13.05.02–1F and 26.13.06.02G.
                                                  ground Mines and Caves, Revision Checklist 17E.
                                                Ground-Water Monitoring, Revision Checklist 17I ...........             50 FR 28702, 7/15/85 ........    COMAR 26.13.05.06A(3), .11G(2)(b).
                                                                                                                                                         (More     stringent     provisions    26.13.05.11(G)(4),
                                                                                                                                                           .12.E(4)(b), .14C(2)(b)).
                                                Pre-construction Ban, Revision Checklist 17M ................           50 FR 28702, 7/15/85 ........    COMAR 26.13.07.01B.
                                                                                                                                                         (More stringent provisions: 26.13.07.01B, no State ana-
                                                                                                                                                           log to 40 CFR 270.10(f)(3)).
                                                Permit Life, Revision Checklist 17N .................................   50 FR 28702, 7/15/85 ........    COMAR 26.13.07.06.A and .06C.
                                                Research and Development Permits, Revision Checklist                    50 FR 28702, 7/15/85 ........    COMAR 26.13.07.02A and .19.
                                                  17Q.
                                                Exposure Information, Revision Checklist 17S ................           50 FR 28702, 7/15/85 ........    COMAR 26.13.07.02C and .02D(37).

                                                                                                                             HSWA Cluster II

                                                Permit Modification, Revision Checklist 44D ....................        52 FR 45788, 12/1/87 ........    COMAR 26.13.07.11B(3).
                                                Permit Conditions to Protect Human Health and the En-                   52 FR 45788, 12/1/87 ........    COMAR 26.13.07.02D(36).
                                                  vironment, Revision Checklist 44F.
                                                Land Disposal Restrictions for Third Third Scheduled                    55 FR 22520, 6/1/90 ..........   COMAR 26.13.02.10B, .11B, .12B, .13B, .14B, .16A/
                                                  Wastes, Revision Checklist 78 2.                                                                        Table, .19C, .23/Table.

                                                           (This checklist is HSWA Cluster II, with the exception of clarifying amendment to 261.33(c) which is in non-HSWA Cluster VI.)

                                                                                                                             RCRA Cluster III

                                                Land Disposal Restrictions for Newly Listed Wastes and                  57 FR 37194, 8/18/92 ........    COMAR 26.13.01.03.B(9–1), .03.B(53), and .03.B(63);
                                                  Hazardous Debris; Containment Buildings, Revision                                                      26.13.02.03.A(2)(c), .03.C–1(3) introductory paragraph
                                                  Checklist 109 2.                                                                                         through (3)(d), .03.C–1(3)(e)–(g), .03E introductory
                                                                                                                                                           paragraph, .03E(1), and .03(E)(2);
                                                                                                                                                         26.13.03.05.E(1)(b)(iii),     05.E(1)(b)(iv),    .05.E(1)(e),
                                                                                                                                                           .05.E(1)(l)(i), .05.E(1)(l)(iii), .05.E(1)(m), .05.E(1)(n),
                                                                                                                                                           .05.E(4);
                                                                                                                                                         26.13.05.07.A(2)(a)–(d), .07.B(3), .07.C(1)(b), .08.A,
                                                                                                                                                           .18, .18–1, .18–2(A), .18–2(B), .18–2(C)(1)–(2), .18–
                                                                                                                                                           2(D)–(F), .18–3;
                                                                                                                                                         26.13.06.12A(1)–(4), .07B(3), .08E(10), .16A, .29;
                                                                                                                                                         26.13.07.13–2A(12) and .23.C(3)(f).
                                                                                                                                                         (More stringent provisions: 26.13.07.13–2A(12); no
                                                                                                                                                           State analogs to 40 CFR 270.42(e)(iii)(B) and 270.42
                                                                                                                                                           Appendix I Item I(6).)
                                                Toxicity Characteristic Amendment, Revision Checklist                   57 FR 23062, 6/1/92 ..........   COMAR 26.13.02.03A(2)(a) and .03A–1.
                                                  117B.

                                                                                                                             RCRA Cluster IV

                                                Revision of Conditional Exemption for Small Scale                       59 FR 8362, 2/18/94 ..........   COMAR 26.13.02.04–4B(1)–(2), .04–4C, .04–4D, .04–
                                                  Treatability Studies, Revision Checklist 129.                                                           4E, .04–5A(3)–(5), and .04–5A(11)(b).

                                                                                                                             RCRA Cluster V

                                                Recovered Oil Exclusion, Revision Checklist 135 3 .........             59 FR 38536, 7/28/94 ........    COMAR 26.13.02.03C–1(2), .04A(15) and (16), .06A–
                                                                                                                                                          1(1)(c) and Agency Note, and .06A–1(2)(c)–(e).
mstockstill on DSK3G9T082PROD with RULES




                                                Removal of the Conditional Exemption for Certain Slag                   59 FR 43496, 8/24/94 ........    COMAR 26.13.10.01A(4).
                                                  Residues, Revision Checklist 136 2.
                                                Carbamate Production Identification and Listing of Haz-                 60 FR 7824, 2/9/95; as           COMAR 26.13.02.03A–2(5)–(7), .03C–1(4), .17, .19E,
                                                  ardous Waste, Revision Checklist 140.                                   amended at 60 FR                .19G, .23 and .24.
                                                                                                                          19165, 4/17/95, and at
                                                                                                                          60 FR 25619, 5/12/95.




                                           VerDate Sep<11>2014    16:58 Aug 29, 2016    Jkt 238001   PO 00000    Frm 00081   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM    30AUR1


                                                59506                 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                                                  TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
                                                               Description of Federal requirement                                      Federal Register                        Analogous Maryland authority
                                                                     (revision checklists 1)

                                                                                                                                      RCRA Cluster VI

                                                RCRA Expanded Public Participation, Revision Checklist                           60 FR 63417, 12/11/95 ......     COMAR 26.13.01.03B(23–1); 26.13.07.02D(39), .04N,
                                                 148 3.                                                                                                             .14A(5), .17B(7)–(12), .17D, .19–1, .19–2A, .19–2B,
                                                                                                                                                                    .20–2A(5)–(6), .20–2D(4), .20–2E(1)(d)–(f), .20–
                                                                                                                                                                    2F(1)(a), .20F(1)(d), .20F(1)(h), .20–2F(3) and .20–3.
                                                                                                                                                                  (More         Stringent       Provisions:       COMAR
                                                                                                                                                                    26.13.07.17B(12)(c), .20–2A(5)–(6), .20–2F(3), .20–
                                                                                                                                                                    3.)
                                                Amendments to the Definition of Solid Waste; Amend-                              61 FR 13103, 3/26/96 ........    COMAR 26.13.02.04A(15)–(16).
                                                 ment II, Revision Checklist 150.

                                                                                                                                      RCRA Cluster VII

                                                Military Munitions Rule, Revision Checklist 156 ...............                  62 FR 6622, 2/12/97 ..........   COMAR 26.13.01.03B(2–1), .03B(5–1), .03B(22–2)–
                                                                                                                                                                    .03B(22–4), .03B(37–1), .03B(51–1), .03B(51–2),
                                                                                                                                                                    .03B(51–3), .03B(69–1), .03B(87–2);
                                                                                                                                                                  26.13.02.02A(2)(c)–(d);
                                                                                                                                                                  26.13.03.01J, .04A(6);
                                                                                                                                                                  26.13.04.01A(4)–(5);
                                                                                                                                                                  26.13.05.01A(2)(d)–(e),   .01A(3)(h)(iv),  .01D(5)–(6),
                                                                                                                                                                    .05A(2), .21;
                                                                                                                                                                  26.13.06.01A(2)(d)–(e), .01A(4)(h)(iv), .01A(5)(b)–(c),
                                                                                                                                                                    .05A, .28;
                                                                                                                                                                  26.13.07.01A, .13–1C;
                                                                                                                                                                  26.13.10.27*, .10.28B–D, .10.29–.31.
                                                                                                                                                                  *Certain portions of the regulations are considered
                                                                                                                                                                    broader in scope; see discussion in Section H.1(b).
                                                Land Disposal Restrictions Phase IV, Revision Checklist                          62 FR 25998, 5/12/97 ........    COMAR        26.13.02.01C(3)(b)–(e),   .02G/Table     1,
                                                  157 2.                                                                                                            .04A(11), .04A(12), .06A–1(2)(b).
                                                Conformance With the Carbamate Vacatur, Revision                                 62 FR 32974, 6/17/97 ........    COMAR 26.13.02.17A/Table, .19G, .23/Table, and .24.
                                                  Checklist 159 2.

                                                                                                                                      RCRA Cluster VIII

                                                Kraft Mill Steam Stripper Condensate Exclusion, Revi-                            63 FR 18504, 4/15/98 ........    COMAR 26.13.02.04A(14).
                                                  sion Checklist 164.

                                                                                                                                      RCRA Cluster IX

                                                Petroleum Refining Process Wastes, Revision Checklist                            63 FR 42110, 8/6/98 ..........   COMAR 26.13.02.03A–2(3), .03C–1(2), .03C–1(5),
                                                  169 2 3.                                                                                                         .04A(15)–(18), .06A–1(2)(e), .16A, .17A/Table, and
                                                                                                                                                                   .23/Table.
                                                Petroleum Refining Process Wastes—Leachate Exemp-                                64 FR 6806, 2/11/99 ..........   COMAR 26.13.02.04–1A(16) introductory language and
                                                  tion, Revision Checklist 178.                                                                                    (a)–(e) and .02.04–1A–1.

                                                                                                                                      RCRA Cluster X

                                                Land Disposal Restrictions ...............................................       64 FR 56469, 10/20/99 ......     COMAR 26.13.02.17A/Table.
                                                Phase IV—Technical Corrections, Revision Checklist
                                                  183 2.
                                                Petroleum Refining Process Wastes Clarification, Revi-                           65 FR 36365, 6/8/00 ..........   COMAR 26.13.02.16A/Table.
                                                  sion Checklist 187 2.

                                                                                                                                      RCRA Cluster XI

                                                Chlorinated Aliphatics Listing and LDRs for Newly Identi-                        65 FR 67068, 11/8/00 ........    COMAR 26.13.02.17A/Table, .23/Table, and .24.
                                                  fied Wastes, Revision Checklist 189 2.
                                                Mixture and Derived—From Rules Revisions, Revision                               66 FR 27266, 5/16/01 ........    COMAR 26.13.02.03A(2)(c), .03A(2)(d), .03A–2,
                                                  Checklist 192A.                                                                                                   .03C(2)(a), .03F introductory language and (1)–(2).
                                                                                                                                                                  (More        Stringent        Provisions:      COMAR
                                                                                                                                                                    26.13.02.03C(2)(a).)
mstockstill on DSK3G9T082PROD with RULES




                                                                                                                                      RCRA Cluster XII

                                                Mixture and Derived—From Rules Revision II, Revision                             66 FR 50332, 10/3/01 ........    COMAR 26.13.02.03A(2)(d), .03A–2, and .03F(3).
                                                  Checklist 194.
                                                Inorganic Chemical ...........................................................   66 FR 58258, 11/20/01 ......     COMAR 26.13.02.04–1A(16)(a)–(e), .04–1A–1, .17A/
                                                Manufacturing Wastes                                                                                               Table, and .23 Table.
                                                Identification and Listing,
                                                Revision Checklist 195 2



                                           VerDate Sep<11>2014       16:58 Aug 29, 2016      Jkt 238001     PO 00000      Frm 00082    Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                                        Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                                                  59507

                                                                                     TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
                                                                Description of Federal requirement                                              Federal Register                            Analogous Maryland authority
                                                                      (revision checklists 1)

                                                Vacatur of Mineral Processing Spent Materials Being                                     67 FR 11251, 3/13/02 ........         COMAR 26.13.02.02C(3) and .14A.
                                                  Reclaimed as Solid Wastes and TCLP Use With MGP
                                                  Waste, Revision Checklist 199.

                                                                                                                                              RCRA Cluster XV

                                                Uniform Hazardous Waste Manifest Rule, Revision                                         70 FR 10776, 3/4/05; as               COMAR 26.13.01.03B(12), .03B(50)–(51), .03B(55–1–
                                                  Checklist 207.                                                                          amended 70 FR 35034,                  1);
                                                                                                                                          6/16/05.                            26.13.02.07B(1)(b)(i)–(ii);
                                                                                                                                                                              26.13.03.04(A)(1),.04B(1)(b),            .04B(1)(c)(i)–(ii),
                                                                                                                                                                                .04B(1)(d)–(e),     .04(B)(2)(a)(ii),    .04B(2)(b)–(d),
                                                                                                                                                                                .04B(3)–(6), .04C, .04D(2)(e), .04F(2)(a)–(b), .05C(2),
                                                                                                                                                                                .05D, .05E(4), .07–2A(3) and (5), .07–3B(3)–(4), .07–
                                                                                                                                                                                3C;
                                                                                                                                                                              26.13.04.02A(1), .02A(7), .02B(2)–(4);
                                                                                                                                                                              26.13.05.05A(2)–(3),      .05B(1)(a)–(d)    and    (f)–(g),
                                                                                                                                                                                .05B(2)(d), .05B(5), .05C, .05G;
                                                                                                                                                                              26.13.06.05A.

                                                                                                                                              RCRA Cluster XVI

                                                Universal Waste Rule: Specific Provisions for Mercury                                   70 FR 45508, 8/5/2005 ......          26.13.01.03B(2–2), .03B(46–1), .03B(51–2), .03B(72–
                                                  Containing Equipment, Revision Checklist 209 2.                                                                               2), .03B(89–1);
                                                                                                                                                                              26.13.02.07–1B(3);
                                                                                                                                                                              26.13.05.01A(3);
                                                                                                                                                                              26.13.06.01A(4)(j)(iii);
                                                                                                                                                                              26.13.07.01A;
                                                                                                                                                                              26.13.10.06B(3);
                                                                                                                                                                              26.13.10.09, .14, .17A(2)(d), .17A(3), .19C(1)(a)(iv)–(v),
                                                                                                                                                                                .20C, and .21A.
                                                  1 A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules
                                                published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in
                                                documenting specific State analogs to the Federal regulations. For more information see EPA’s RCRA State Authorization Web page at http://
                                                www.epa.gov/osw/laws-regs/state/index.htm.
                                                  2 Maryland is not seeking authorization for the provisions related to the Land Disposal Restriction (LDR) regulations because Maryland has not
                                                adopted the LDR regulations.
                                                  3 Maryland is not seeking authorization for the provisions related to the Boiler and Industrial Furnace (BIF) regulations because Maryland has
                                                not adopted these regulations.


                                                2. State-Initiated Changes                                               clarification and conforming changes to                       remain consistent with, and are no less
                                                                                                                         the State’s regulations, (2) adoption of a                    stringent than, the corresponding
                                                   Maryland’s program revision                                           provision that makes the State’s                              Federal regulations. EPA grants
                                                application includes State-initiated                                     regulations, which had been more                              Maryland final authorization for the
                                                changes that are not directly related to                                 stringent, now equivalent to the Federal                      State provisions listed in Table 2. These
                                                any of the Revision Checklists in Table                                  hazardous waste regulations, or (3)                           requirements are analogous to the
                                                1. Each State-initiated change is related                                correction of typographical errors. EPA                       indicated Federal RCRA regulations
                                                to one of the following: (1) The adoption                                has evaluated the changes and has                             found at relevant or applicable 40 CFR
                                                of a provision that makes internal                                       determined that the State’s regulations                       sections as of July 1, 2005.
                                                                                                               TABLE 2—EQUIVALENT STATE-INITIATED CHANGES
                                                                                   State citation (COMAR)                                                                         Federal RCRA citation (40 CFR)

                                                26.13.02.05D(2)(c)(iv) ...............................................................................        No direct Federal analog. Related to 40 CFR 261.5(g)(3).
                                                26.13.02.11A(3), A(4), and C; 26.13.02.11–1 ..........................................                        40 CFR 261.21(a)(3); No Federal analog to 26.13.02.11–1.
                                                26.13.02.13A(8) and C .............................................................................           40 CFR 261.23(a)(8).
                                                26.13.03.07–5A(2) ....................................................................................        262.58(a).
                                                26.13.06.01A(4)(k) ....................................................................................       265.1(c)(13).
                                                26.13.07.20–2F(3)(e) ................................................................................         No Federal analog in 40 CFR 124.32.
                                                26.13.10.03A ............................................................................................     266.70(a).
                                                26.13.10.04C ............................................................................................     266.80.
mstockstill on DSK3G9T082PROD with RULES




                                                26.13.10.26 ...............................................................................................   No Federal analog in 40 CFR 273.




                                           VerDate Sep<11>2014        16:58 Aug 29, 2016         Jkt 238001      PO 00000       Frm 00083       Fmt 4700      Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                59508             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                H. Where are the revised Maryland                       Federal program because eligible                      RCRA permit if an approval has been
                                                rules different from the federal rules?                 radioactive mixed wastes are not                      issued under TSCA. Without this
                                                                                                        Federal hazardous wastes and, thus, are               exemption, Maryland’s regulations are
                                                1. Maryland Requirements That Are
                                                                                                        not part of the program being authorized              more stringent.
                                                Broader in Scope
                                                                                                        by today’s action.                                       (d) Certain provisions of Maryland’s
                                                   The Maryland hazardous waste                           (d) Maryland has not adopted the                    regulations pertaining to containment
                                                program contains certain provisions that                vacatur of mineral processing spent                   buildings are considered more stringent
                                                are broader in scope than the Federal                   materials being reclaimed as solid                    than the Federal requirements. These
                                                program. These broader in scope                         wastes. Therefore, Maryland does not                  provisions include:
                                                provisions are not part of the program                  have an analog to 40 CFR 261.4(a)(17).                   • Maryland has not adopted an
                                                being authorized by today’s action. EPA                 By regulating these materials,                        analog to 40 CFR 270.42(e), which
                                                cannot enforce requirements that are                    Maryland’s program is broader in scope                allows the Director to grant a permittee
                                                broader in scope, although compliance                   than the Federal program because these                a temporary authorization without prior
                                                with such provisions is required by                     materials are not Federal solid wastes                public notice and comment. Maryland’s
                                                Maryland law. Examples of broader in                    and, thus, are not part of the program                regulations are considered more
                                                scope provisions of Maryland’s program                  being authorized by today’s action.                   stringent because it does not provide for
                                                include, but are not limited to, the                                                                          temporary authorizations.
                                                following:                                              2. Maryland Requirements That Are
                                                                                                        More Stringent Than the Federal                          • The Federal regulations at 40 CFR
                                                   (a) COMAR 26.13.02.05C(1) and (2),
                                                                                                        Program                                               270.42 Appendix I classify the
                                                .05.C(5), .05C(6)(b), .05C(7), .07B(1)
                                                                                                                                                              conversion of an enclosed waste pile to
                                                introductory paragraph, .07B(3)                            Maryland’s hazardous waste program
                                                                                                                                                              a containment building as a Class 2
                                                introductory paragraph, and .15E(2)                     contains several provisions that are
                                                                                                                                                              modification. Unlike the Federal
                                                (part of the State’s analogs to 40 CFR                  more stringent than the RCRA program.
                                                261.5(e), 261.7(b), and 261.30(d))                      The more stringent provisions are part                regulations, which have three classes of
                                                contain references to polychlorinated                   of a Federally-authorized program and                 permit modifications, Maryland only
                                                biphenyls (PCBs) and to State-only                      are, therefore, Federally-enforceable.                lists minor modifications in COMAR
                                                wastes listed at COMAR 26.13.02.17                      The specific more stringent provisions                26.13.07.13–2. Any modification not
                                                (K991 through K999; military wastes),                   are also noted in Table 1 and in                      listed in COMAR 26.13.07.13–2 is a
                                                COMAR 26.13.02.18 (MD01: a type of                      Maryland’s authorization application.                 major modification in Maryland.
                                                Filter cake and chemical sludge) and                    They include, but are not limited to, the             Maryland’s regulations are more
                                                COMAR 26.13.02.19.F (M001: PCBs                         following:                                            stringent because it treats this Class 2
                                                above 500 parts per million (ppm),                         (a) Maryland has not adopted analogs               modification in the Federal regulations
                                                which is regulated under the Toxic                      to the Federal provisions at 40 CFR                   as a major modification.
                                                Substances and Control Act (TSCA)).                     265.1(d)(1)(iv)–(v), which allow dioxin                  • Maryland has adopted the Federal
                                                The portions of these provisions that are               wastes to be burned in certain                        Class 1 modifications of 40 CFR 270.42
                                                associated with the State-only wastes                   incinerators and facilities that thermally            Appendix I as part of its minor
                                                and the PCBs above 500 ppm go beyond                    treat the waste in other devices.                     modifications. Maryland’s regulations
                                                the scope of the Federal program                        Maryland has replaced these provisions                are more stringent because it treats the
                                                because PCBs and the State-only wastes                  with a provision at COMAR                             Federal Class 2 and 3 permit
                                                are not Federal hazardous wastes and,                   26.13.06.01.A(6)(d) that allows dioxin                modifications for containment buildings
                                                thus, are not part of the program being                 wastes to be managed at a permitted                   as major modifications.
                                                authorized by today’s action.                           facility, thus making Maryland’s                         (e) Maryland has several additional
                                                   (b) At COMAR 26.13.10.27B(3)(a)–(b),                 regulations more stringent.                           requirements for public participation in
                                                Maryland has included as solid wastes                      (b) The Federal regulations at 40 CFR              the hazardous waste program permitting
                                                those unused military munitions that                    265.352 and 265.383 allow owners and                  process, which make the State’s
                                                have been abandoned by being treated                    operators of incinerators and thermal                 regulations more stringent. The
                                                ((3)(a)(v)) or removed from storage and                 treatment devices who have received                   requirements include, but are not
                                                treated ((3)(b)(iii)). The Federal analogs              the required certification to burn EPA                limited to, the following:
                                                at 40 CFR 266.202(b)(1) and (2) do not                  hazardous wastes F020, F021, F022,                       • Maryland’s regulations at COMAR
                                                include treatment alone as a                            F023, F026, or F027. However,                         26.13.07.17B(12)(c) provides a specific
                                                requirement for becoming a solid waste.                 Maryland’s regulations at COMAR                       number of days (30) rather than
                                                Instead, treatment is used in the context               26.13.06.23C and .24.B(1) prohibit the                requiring ‘‘a reasonable period of time,’’
                                                of the step prior to disposal (see 56 FR                burning of such wastes, thus making                   as found in the Federal regulations.
                                                6626). As such, Maryland’s                              Maryland’s regulations more stringent.                Therefore, Maryland’s regulations are
                                                requirements at COMAR                                      (c) Maryland did not adopt an analog               considered more stringent.
                                                26.13.10.27B(3)(a)(v) and                               to the Federal provision at 40 CFR                       • Maryland’s requirements at
                                                26.13.10.27B(3)(b)(iii) are broader in                  270.10(f)(3), which was removed by the                COMAR 26.13.07.20–2A(5) and (6) are
                                                scope than the Federal program, where                   July 15, 1985 rule (50 FR 28702), nor                 more stringent because public notice
                                                an unused munition that is subject to                   has Maryland adopted the optional                     must also be given of receipt of an
                                                chemical treatment without disposal                     provision introduced by the July 15,                  application for a permit modification
                                                would not be regulated as a solid waste.                1985 rule at 40 CFR 270.10(f)(3). As a                and of receipt of an application for post-
                                                   (c) Maryland has not adopted the                     result, COMAR 26.13.07.01B, which is                  closure activities.
mstockstill on DSK3G9T082PROD with RULES




                                                mixed waste rule (66 FR 27218).                         Maryland’s analog to 40 CFR                              • Maryland’s regulations at COMAR
                                                Therefore, Maryland does not have an                    270.10(f)(1), does not include the phrase             26.13.07.20–2F(3)(e) require that the
                                                analog to 40 CFR 261.3(h), which                        analogous to ‘‘except as provided in                  public notice include information on
                                                exempts eligible radioactive mixed                      paragraph (f)(3) of this section.’’ The               how to request that an informational
                                                waste from regulation as a hazardous                    Federal provision at 40 CFR 270.10(f)(3)              meeting be held. This requirement is an
                                                waste. As a result, Maryland’s                          allows a person to construct a facility               additional requirement making
                                                regulations is broader in scope than the                for the incineration of PCBs without a                Maryland’s regulations more stringent.


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00084   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                       59509

                                                   • Maryland’s regulations at COMAR                    action by referencing the authorized                     Under RCRA section 3006(b), EPA
                                                26.13.07.20–3 require the Director to                   State rules in 40 CFR part 272. EPA                   grants a State’s application for
                                                hold informational meetings under                       reserves the amendment of 40 CFR part                 authorization as long as the State meets
                                                specific conditions, which is considered                272, subpart V, for this authorization of             the criteria required by RCRA. It would
                                                more stringent than the Federal                         Maryland’s program revisions until a                  thus be inconsistent with applicable law
                                                regulations.                                            later date.                                           for EPA, when it reviews a State
                                                   (f) Maryland has not adopted the                                                                           authorization application, to require the
                                                                                                        L. Administrative Requirements
                                                mixed waste rule (66 FR 27218).                                                                               use of any particular voluntary
                                                Therefore, Maryland’s regulation at                        The Office of Management and Budget                consensus standard in place of another
                                                COMAR 26.13.02.03C(2) is more                           (OMB) has exempted this action from                   standard that satisfies the requirements
                                                stringent than the Federal requirements                 the requirements of Executive Order                   of RCRA. Thus, the requirements of the
                                                because the Maryland regulation does                    12866 (58 FR 51735, October 4, 1993)                  National Technology Transfer and
                                                not include all of the exceptions found                 and 13563 (76 FR 3821, January 21,                    Advancement Act of 1995 (15 U.S.C.
                                                in the analogous Federal regulation at                  2011). Therefore, this action is not                  3701, et seq.) do not apply. As required
                                                40 CFR 261.3(c)(2)(i).                                  subject to review by OMB. This action                 by section 3 of Executive Order 12988
                                                                                                        authorizes State requirements pursuant                (61 FR 4729, February 7, 1996), in
                                                3. Federal Requirements for which                       to RCRA section 3006 and imposes no
                                                Maryland is not Seeking Authorization                                                                         issuing this rule, EPA has taken the
                                                                                                        additional requirements beyond those                  necessary steps to eliminate drafting
                                                   Maryland is not seeking authorization                imposed by State law. Accordingly, I                  errors and ambiguity, minimize
                                                for the land disposal restriction (40 CFR               certify that this action will not have a              potential litigation, and provide a clear
                                                268), used oil standards (40 CFR 279),                  significant economic impact on a                      legal standard for affected conduct. EPA
                                                boiler and industrial furnace standards                 substantial number of small entities                  has complied with Executive Order
                                                (40 CFR 266, Subpart H), air emission                   under the Regulatory Flexibility Act (5               12630 (53 FR 8859, March 18, 1988) by
                                                standards (40 CFR 264 and 265,                          U.S.C. 601 et seq.). Because this action              examining the takings implications of
                                                Subparts AA, BB, and CC), or HSWA                       authorizes pre-existing requirements                  the rule in accordance with the Attorney
                                                corrective action requirements.                         under State law and does not impose                   General’s Supplemental Guidelines for
                                                                                                        any additional enforceable duty beyond                the Evaluation of Risk and Avoidance of
                                                I. Who handles permits after the                        that required by State law, it does not
                                                authorization takes effect?                                                                                   Unanticipated Takings issued under the
                                                                                                        contain any unfunded mandate or                       executive order. This rule does not
                                                   After this authorization revision,                   significantly or uniquely affect small
                                                                                                                                                              impose an information collection
                                                Maryland will issue permits covering all                governments, as described in the
                                                                                                                                                              burden under the provisions of the
                                                the provisions for which it is authorized               Unfunded Mandates Reform Act of 1995
                                                                                                                                                              Paperwork Reduction Act of 1995 (44
                                                and will administer all such permits.                   (Pub. L. 104–4). For the same reason,
                                                                                                                                                              U.S.C. 3501 et seq.). Burden is defined
                                                EPA will continue to administer any                     this action also does not significantly or
                                                                                                                                                              at 5 CFR 1320.3(b). Executive Order
                                                RCRA hazardous waste permits or                         uniquely affect the communities of
                                                                                                                                                              12898 (59 FR 7629, February 16, 1994)
                                                portions of permits that it issued prior                Tribal governments, as specified by
                                                                                                                                                              establishes Federal executive policy on
                                                to the effective date of this authorization             Executive Order 13175 (65 FR 67249,
                                                                                                                                                              environmental justice. Its main
                                                until the timing and process for effective              November 9, 2000). In any case,
                                                                                                                                                              provision directs Federal agencies, to
                                                transfer to the State are mutually agreed               Executive Order 13175 does not apply
                                                                                                        to this rule since there are no Federally             the greatest extent practicable and
                                                upon. Until such time, as EPA formally                                                                        permitted by law, to make
                                                transfers responsibility for a permit to                recognized tribes in Maryland.
                                                                                                           This action will not have substantial              environmental justice part of their
                                                Maryland and EPA terminates its                                                                               mission by identifying and addressing,
                                                permit, EPA and Maryland agree to                       direct effects on the States, on the
                                                                                                        relationship between the national                     as appropriate, disproportionately high
                                                coordinate the administration of such                                                                         and adverse human health or
                                                permit in order to maintain consistency.                government and the States, or on the
                                                                                                        distribution of power and                             environmental effects of their programs,
                                                EPA will not issue any more new                                                                               policies, and activities on minority
                                                permits or new portions of permits for                  responsibilities among the various
                                                                                                        levels of government, as specified in                 populations and low-income
                                                the provisions listed in Section G after                                                                      populations in the United States.
                                                the effective date of this authorization.               Executive Order 13132 (64 FR 43255,
                                                                                                        August 10, 1999) because it merely                    Because this rule authorizes pre-existing
                                                EPA will continue to implement and                                                                            State rules which are at least equivalent
                                                issue permits for HSWA requirements                     authorizes State requirements as part of
                                                                                                        the State RCRA hazardous waste                        to, and no less stringent than, existing
                                                for which Maryland is not yet                                                                                 Federal requirements, and imposes no
                                                authorized.                                             program without altering the
                                                                                                        relationship or the distribution of power             additional requirements beyond those
                                                J. How does this action affect Indian                   and responsibilities established by                   imposed by State law, and there are no
                                                country (18 U.S.C. 115) in Maryland?                    RCRA. This action also is not subject to              anticipated significant adverse human
                                                   Maryland is not seeking authority to                 Executive Order 13045 (62 FR 19885,                   health or environmental effects, the rule
                                                operate the program on Indian lands,                    April 23, 1997) because it is not                     is not subject to Executive Order 12898.
                                                since there are no Federally-recognized                 economically significant, and it does not                The Congressional Review Act, 5
                                                Indian Lands in Maryland.                               concern environmental health or safety                U.S.C. 801 et seq., as added by the Small
                                                                                                        risks that may disproportionately affect              Business Regulatory Enforcement
                                                K. What is codification and is EPA                      children. This rule is not subject to                 Fairness Act of 1996, generally provides
mstockstill on DSK3G9T082PROD with RULES




                                                codifying Maryland’s hazardous waste                    Executive Order 13211, ‘‘Actions                      that before a rule may take effect, the
                                                program as authorized in this rule?                     Concerning Regulations That                           agency promulgating the rule must
                                                  Codification is the process of placing                Significantly Affect Energy Supply,                   submit a rule report, which includes a
                                                the State’s statutes and regulations that               Distribution, or Use’’ (66 FR 28355 (May              copy of the rule, to each House of the
                                                comprise the State’s authorized                         22, 2001)) because it is not a significant            Congress and to the Comptroller General
                                                hazardous waste program into the Code                   regulatory action under Executive Order               of the United States. EPA will submit a
                                                of Federal Regulations. We do this                      12866.                                                report containing this document and


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00085   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                59510             Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations

                                                other required information to the U.S.                  States (i.e., France, Germany, the                    V. Regulatory Flexibility Act
                                                Senate, the U.S. House of                               Netherlands, and the United Kingdom).                   The Regulatory Flexibility Act does
                                                Representatives, and the Comptroller                                                                          not apply to this rule because this final
                                                General of the United States prior to                   II. Publication of This Final Rule for
                                                                                                        Public Comment Is Not Required by                     rule does not constitute a significant
                                                publication in the Federal Register. A                                                                        DFARS revision within the meaning of
                                                major rule cannot take effect until 60                  Statute
                                                                                                                                                              FAR 1.501–1, and 41 U.S.C. 1707 does
                                                days after it is published in the Federal                  The statute that applies to the                    not require publication for public
                                                Register. This action is not a ‘‘major                  publication of the Federal Acquisition                comment.
                                                rule’’ as defined by 5 U.S.C. 804(2). This              Regulation (FAR) is 41 U.S.C. 1707
                                                action will be effective October 31,                                                                          VI. Paperwork Reduction Act
                                                                                                        entitled ‘‘Publication of Proposed
                                                2016.                                                   Regulations.’’ Paragraph (a)(1) of the                  The rule does not contain any
                                                List of Subjects in 40 CFR Part 271                     statute requires that a procurement                   information collection requirements that
                                                                                                        policy, regulation, procedure, or form                require the approval of the Office of
                                                   Environmental protection,                                                                                  Management and Budget under the
                                                                                                        (including an amendment or
                                                Administrative practice and procedure,                                                                        Paperwork Reduction Act (44 U.S.C.
                                                                                                        modification thereof) must be published
                                                Confidential business information,                                                                            chapter 35).
                                                                                                        for public comment if it relates to the
                                                Hazardous waste, Hazardous waste
                                                transportation, Indian lands,                           expenditure of appropriated funds, and                List of Subjects in 48 CFR Part 225
                                                Intergovernmental relations, Penalties,                 has either a significant effect beyond the
                                                                                                        internal operating procedures of the                      Government procurement.
                                                Reporting and recordkeeping
                                                requirements.                                           agency issuing the policy, regulation,                Jennifer L. Hawes,
                                                                                                        procedure, or form, or a significant cost             Editor, Defense Acquisition Regulations
                                                  Authority: This action is issued under the            or administrative impact on contractors
                                                authority of sections 2002(a), 3006 and                                                                       System.
                                                                                                        or offerors. This final rule is not                     Therefore, 48 CFR part 225 is
                                                7004(b) of the Solid Waste Disposal Act, as
                                                amended, 42 U.S.C. 6912(a), 6926, 6974(b).              required to be published for public                   amended as follows:
                                                                                                        comment, because it only specifies the
                                                  Dated: August 12, 2016.                               qualifying countries that have audit                  PART 225—FOREIGN ACQUISITION
                                                Shawn M. Garvin,                                        agreements with the United States,
                                                Regional Administrator, EPA Region III.                 rather than requiring each contracting                ■ 1. The authority citation for 48 CFR
                                                [FR Doc. 2016–20849 Filed 8–29–16; 8:45 am]             officer to contact the Deputy Director of             part 225 continues to read as follows:
                                                BILLING CODE 6560–50–P                                  Defense Procurement and Acquisition                     Authority: 41 U.S.C. 1303 and 48 CFR
                                                                                                        Policy (Contract Policy and                           chapter 1.
                                                                                                        International Contracting), to determine              ■ 2. Revise section 225.872–6 to read as
                                                DEPARTMENT OF DEFENSE                                   whether a qualifying country has such                 follows:
                                                                                                        an audit agreement. These regulations
                                                Defense Acquisition Regulations                         affect only the internal operating                    225.872–6    Request for audit services.
                                                System                                                  procedures of the Government.                           Handle requests for audit services in
                                                                                                        III. Applicability to Contracts at or                 France, Germany, the Netherlands, or
                                                48 CFR Part 225                                                                                               the United Kingdom in accordance with
                                                                                                        Below the Simplified Acquisition
                                                [Docket DARS–2016–0029]                                 Threshold (SAT) and for Commercial                    PGI 215.404–2(c), but follow the
                                                                                                        Items, Including Commercially                         additional procedures at PGI 225.872–6.
                                                RIN 0750–AJ04
                                                                                                        Available Off-the-Shelf (COTS) Items                  [FR Doc. 2016–20476 Filed 8–29–16; 8:45 am]
                                                Defense Federal Acquisition                                                                                   BILLING CODE 5001–06–P
                                                Regulation Supplement: Request for                        This case does not add any new
                                                Audit Services in France, Germany, the                  provisions or clauses or impact any
                                                Netherlands, or the United Kingdom                      existing provisions or clauses.                       DEPARTMENT OF DEFENSE
                                                (DFARS Case 2016–D027)                                  IV. Executive Orders 12866 and 13563                  Defense Acquisition Regulations
                                                AGENCY:  Defense Acquisition                                                                                  System
                                                                                                           Executive Orders (E.O.s) 12866 and
                                                Regulations System, Department of
                                                                                                        13563 direct agencies to assess all costs
                                                Defense (DoD).                                                                                                48 CFR Part 231
                                                                                                        and benefits of available regulatory
                                                ACTION: Final rule.                                     alternatives and, if regulation is                    [Docket DARS–2016–0002]
                                                SUMMARY:  DoD is issuing a final rule                   necessary, to select regulatory
                                                                                                        approaches that maximize net benefits                 RIN 0750–AI86
                                                amending the Defense Federal
                                                Acquisition Regulation Supplement                       (including potential economic,
                                                                                                                                                              Defense Federal Acquisition
                                                (DFARS) to specify the countries with                   environmental, public health and safety
                                                                                                                                                              Regulation Supplement: Costs Related
                                                which DoD has audit agreements.                         effects, distributive impacts, and
                                                                                                                                                              to Counterfeit Electronic Parts (DFARS
                                                                                                        equity). E.O. 13563 emphasizes the
                                                DATES: Effective August 30, 2016.                                                                             Case 2016–D010)
                                                                                                        importance of quantifying both costs
                                                FOR FURTHER INFORMATION CONTACT: Ms.                    and benefits, of reducing costs, of                   AGENCY:  Defense Acquisition
                                                Amy G. Williams, telephone 571–372–                     harmonizing rules, and of promoting                   Regulations System, Department of
mstockstill on DSK3G9T082PROD with RULES




                                                6106.                                                   flexibility. This is not a significant                Defense (DoD).
                                                SUPPLEMENTARY INFORMATION:                              regulatory action and, therefore, was not             ACTION: Final rule.
                                                                                                        subject to review under section 6(b) of
                                                I. Background                                           E.O. 12866, Regulatory Planning and                   SUMMARY:  DoD is issuing a final rule
                                                  DoD is amending DFARS 225.872–6                       Review, dated September 30, 1993. This                amending the Defense Federal
                                                to specify the qualifying countries that                rule is not a major rule under 5 U.S.C.               Acquisition Regulation Supplement
                                                have audit agreements with the United                   804.                                                  (DFARS) to implement a section of the


                                           VerDate Sep<11>2014   16:58 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00086   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1



Document Created: 2018-02-09 11:42:12
Document Modified: 2018-02-09 11:42:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis final authorization will become effective on October 31, 2016, unless EPA receives adverse written comments by September 29, 2016. If EPA receives any such comments, 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.
ContactStacie Pratt, Mailcode 3L50, Office of State Programs, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029; Phone: 215-814-5173.
FR Citation81 FR 59503 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR