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[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Rules and Regulations]               
[Page 43409-43418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy10-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-0561; FRL-9179-5]

 
Rhode Island: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Rhode Island has applied to EPA for final 
authorization of certain changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). EPA has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization, and is authorizing the State's changes through this 
immediate final action.

DATES: This final authorization will become effective on September 24, 
2010 unless EPA receives adverse written comment by August 25, 2010. If 
EPA receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take immediate effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-0561, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: biscaia.robin@epa.gov.
      Fax: (617) 918-0642, to the attention of Robin Biscaia.
      Mail: Robin Biscaia, RCRA Waste Management Section, 
Office of Site Remediation and Restoration (OSRR 07-01), EPA New 
England--Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.
     Hand Delivery or Courier: Deliver your comments to Robin 
Biscaia, RCRA Waste Management Section, Office of Site Remediation and 
Restoration (OSRR 07-01), EPA New England--Region 1, 5 Post Office 
Square, 7th floor, Boston, MA 02109-3912. Such deliveries are only 
accepted during the Office's normal hours of operation, and

[[Page 43410]]

special arrangements should be made for deliveries of boxed 
information.
    Instructions: Identify your comments as relating to Docket ID No. 
EPA-R01-RCRA-0561. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or claimed to be other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
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 e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail 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 http://www.epa.gov/epahome/dockets.htm.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-R01-RCRA-0561. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although it may be listed in the 
index, some information might not be publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the following two 
locations: (i) EPA Region 1 Library, 5 Post Office Square, 1st floor, 
Boston, MA 02109-3912; by appointment only; tel: (617) 918-1990; and 
(ii) Rhode Island Department of Environmental Management, 235 Promenade 
St., Providence, RI 02908-5767, by appointment only through the Office 
of Technical and Customer Assistance, tel: (401) 222-6822.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, RCRA Waste Management 
Section, Office of Site Remediation and Restoration (OSRR 07-01), EPA 
New England--Region 1, 5 Post Office Square, Suite 100, mail code OSRR 
07-1, Boston, MA 02109-3912; telephone number: (617) 918-1642; fax 
number: (617) 918-0642, e-mail address: biscaia.robin@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which 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 changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We have concluded that Rhode Island's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Rhode Island 
final authorization to operate its hazardous waste program with the 
changes described in the authorization application. Rhode Island's 
Department of Environmental Management (RIDEM) has responsibility for 
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within 
its borders and for carrying out the aspects of the RCRA program 
covered by its revised program 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 any such requirements and prohibitions in Rhode Island, 
including issuing permits, until the State is granted authorization to 
do so. In particular, the EPA will continue to implement the Land 
Disposal Restrictions (LDR) requirements in 40 CFR part 268, the RCRA 
air emission control requirements in 40 CFR part 264, subparts AA, BB 
and CC, and 40 CFR part 265, subparts AA, BB and CC, and the Boilers 
and Industrial Furnaces (BIF) requirements in 40 CFR part 266, subpart 
H, because Rhode Island has not yet sought and obtained authorization 
for those requirements. Regulated entities in Rhode Island must comply 
with these directly administered EPA requirements, in addition to the 
State hazardous waste requirements. While there currently are no 
facilities in Rhode Island subject to the BIF requirements, there are 
many facilities in Rhode Island (including some generators as well as 
treatment, storage and disposal facilities) subject to the LDR and AA, 
BB and CC requirements.

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

    The effect of this decision is that a facility in Rhode Island 
subject to RCRA will now have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. Rhode Island has enforcement responsibilities under 
its State hazardous waste program for violations of such program, but 
EPA also retains its full authority under RCRA sections 3007, 3008, 
3013, and 7003, which includes, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions
    This action does not impose additional requirements on the 
regulated community because the regulations for which Rhode Island is 
being authorized by today's action are already effective under State 
law, and are not changed by today's action.

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

    EPA did not publish a proposal before today's Immediate Final rule 
because we view this as a routine program change and do not expect 
adverse comments that oppose this approval. We are providing an 
opportunity for public comment now. In addition to this rule, in the 
proposed rules section of today's Federal Register we are publishing a 
separate document that proposes to authorize the State program changes. 
That proposed rule will serve as the basis for later issuing a final 
rule, in the event that there is an objection to this Immediate Final 
Rule, and we

[[Page 43411]]

therefore need to withdraw this Immediate Final Rule and respond to the 
objection before issuing a new final rule.
    In addition to the matters covered by this Immediate Final rule, 
the State is seeking authorization for the zinc fertilizer rule 
(checklist 200). Because we think that there may be adverse comments 
that oppose the Federal authorization of the State for this rule, we 
are not including the authorization of the zinc fertilizer rule within 
this Immediate Final rule. Rather, we are proposing to authorize Rhode 
Island for the zinc fertilizer rule in today's proposed rule. Any 
approval of Rhode Island to implement the zinc fertilizer rule will 
occur only through a later separate final rule, which will be issued 
only after considering any public comments.

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

    If EPA receives comments that oppose this authorization (other than 
relating to the zinc fertilizer rule), we will withdraw this rule by 
publishing a document in the Federal Register before the rule becomes 
effective. EPA will base any further decision on the authorization of 
the State program changes on the proposal mentioned in the previous 
paragraph. We will then address all public comments in a later final 
rule based upon this proposed rule that also appears in today's Federal 
Register. You may not have another opportunity to comment. If you want 
to comment on this authorization, you should do so at this time.
    If we receive adverse comments that oppose only the authorization 
of a particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes 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 Rhode Island previously been authorized for?

    Rhode Island initially received final Authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3780) to implement its base 
hazardous waste management program. We granted authorization for 
changes to their program on March 12, 1990, effective March 26, 1990 
(55 FR 9128), March 6, 1992, effective May 5, 1992 (57 FR 8089), 
October 2, 1992, effective December 1, 1992 (57 FR 45574), August 9, 
2002, effective October 8, 2002 (67 FR 51765), and December 11, 2007, 
effective February 11, 2008 (72 FR 70229).

G. What changes are we authorizing with today's action?

    On June 17, 2010, EPA received Rhode Island's complete program 
revision application dated June 15, 2010 seeking authorization for 
their changes in accordance with 40 CFR 271.21. The RCRA program 
revisions for which Rhode Island is seeking authorization include 
updates to its regulations governing Treatment, Storage and Disposal 
Facilities (TSDFs). The State has incorporated by reference the Federal 
requirements relating to TSDFs in 40 CFR parts 264, 270 and 124, 
through July 1, 2008, while making various more stringent changes as 
specified in Rules 8.0 and 7.0, respectively. Although there currently 
are no interim status TSDFs in Rhode Island, the State similarly has 
updated its incorporation by reference of the Federal interim status 
facility regulations in 40 CFR part 265. Also, the State has updated 
its incorporation by reference of other Federal requirements through 
July 1, 2008, as well as making other changes to its base program, and 
thus also is seeking authorization for various other State regulations 
which address other Federal requirements through July 1, 2008. These 
other changes include adopting the updated Uniform Hazardous Waste 
Manifest Rule (checklist 207), adopting Federal waste listings through 
the Dyes and Pigments Rule (checklist 206), and adding Mercury 
Containing Equipment (checklist 209), Used Electronics and Silver 
Containing Photo-Fixing Solution to the State's Universal Waste Rule.
    The State's authorization application consists of a cover letter 
requesting authorization, a copy of RIDEM's Rules and Regulations for 
Hazardous Waste Management dated June 2010, regulatory checklists 
comparing the State and Federal requirements, justification statements 
regarding why Rhode Island has added used electronics and silver-
containing photo fixing solutions to its Universal Waste Rule, and a 
Supplement to the Attorney General's Statement.
    We are now making an immediate final decision, subject to 
reconsideration only if we receive written comments that oppose this 
action, that Rhode Island's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Therefore, we grant Rhode Island final authorization for the program 
changes identified below. Note, the Federal requirements are identified 
by their checklist (CL) number and/or rule descriptions followed by the 
corresponding state regulatory analog (``Rule'') from Rhode Island's 
Rules and Regulations for Hazardous Waste Management as in effect on 
June 7, 2010.
    First, we are authorizing State regulations which are analogous to 
the Federal regulations governing Treatment, Storage and Disposal 
Facilities (TSDFs) in 40 CFR parts 264, 270 and 124 (July 1, 2008). As 
analogs to 40 CFR part 264 (July 1, 2008), we are authorizing Rule 2.2 
B., Rule 2.2 F, and Rule 8.0--including all of Rule 8.1, except for the 
following provision which has been determined to be broader in scope: 
Rule 8.1 A.4. As analogs to 40 CFR part 270 (July 1, 2008), we are 
authorizing Rule 2.2 B., Rule 2.2 I., Rule 7.0 A., and all of Rule 7.0 
B. except for the following provisions which have been determined to be 
broader in scope: Rule 7.0 B.7. insofar as it regulates circuit boards 
subject to the Federal scrap metal exemption; and Rule 7.0 B.19. As 
analogs to 40 CFR part 124 (July 1, 2008), we are authorizing Rule 2.2 
B., Rule 2.2 K., and Rule 7.0 C.
    Second, we are authorizing State regulations which are analogous to 
the Federal regulations governing interim status TSDFs in 40 CFR part 
265 (July 1, 2008). As analogs to 40 CFR part 265 (July 1, 2008), we 
are authorizing Rule 2.2 B. and 2.2 G.
    By authorizing the State regulations listed in the two paragraphs 
immediately above, we also are determining that the State meets the 
TSDF requirements (including permitted facility requirements and 
interim status facility requirements) listed in the following 
Checklists: CL 16--Paint Filter Test, 50 FR 18370-18375, April 30, 
1985; CL 17E--Location Standards for Salt Domes, Salt Beds, and 
Underground Mines and Caves, 50 FR 28702-28755, July 15, 1985; CL 17F--
Liquids in Landfills, 50 FR 28702-28755, July 15, 1985; CL 17H--Double 
Liners, 50 FR 28702-28755, July 15, 1985; CL 17I--Ground-Water 
Monitoring, 50 FR 28702-28755, July 15, 1985; CL 17M--Pre-construction 
Ban, 50 FR 28702-28755, July 15, 1985; CL 17N--Permit Life, 50 FR 
28702-28755, July 15, 1985; CL 17P--Interim Status, 50 FR 28702-28755, 
July 15, 1985; CL 17Q--Research and Development Permits, 50 FR 28702-
28755, July 15, 1985; CL 17S--Exposure Information, 50 FR 28702-28755, 
July 15, 1985; CL 25--Codification Rule, Technical Correction regarding 
subpart N--Landfills, 51 FR 19176-19177, May 28, 1986; CL 28--

[[Page 43412]]

Standards for Hazardous Waste Storage and Treatment Tank Systems, 51 FR 
25422-25486, July 14, 1986 and 51 FR 29430-29431, August 15, 1986 
[Note: To cover the related changes to definitions and generator 
requirements made by this Federal checklist/rulemaking, we also are 
authorizing Rules 2.2C, 2.2D and 3.0--introductory note regarding 
effective dates of tank regulations]; CL 30--Biennial Report Correction 
(regarding TSDFs), 51 FR 28556, August 8, 1986; CL 44D--Permit 
Modification, 52 FR 45788, Dec. 1, 1987; CL 44E--Permit as a Shield 
Provision, 52 FR 45788, Dec. 1, 1987; CL 44F--Permit Conditions to 
Protect Human Health and the Environment, 52 FR 45788, Dec. 1, 1987; CL 
44G--Post-Closure Permits, 52 FR 45788, Dec. 1, 1987; CL 52--Standards 
for Hazardous Waste Storage and Treatment Tank Systems, 53 FR 34079, 
Sept. 2, 1988 [Note: To cover the related changes to definitions made 
by this Federal checklist/rulemaking, we also are authorizing Rule 
2.2C]; CL 54--Permit Modification for Hazardous Waste Management 
Facilities, 53 FR 37912, Sept. 28, 1988 and 53 FR 41649, Oct. 24, 1988; 
CL 55--Statistical Methods for Evaluating Ground-Water Monitoring Data 
from Hazardous Waste Facilities, 53 FR 39720, Oct. 11, 1988; CL 60--
Amendment to Requirements for Hazardous Waste Incinerator Permits, 54 
FR 4286, Jan. 30, 1989; CL 61--Changes to Interim Status Facilities for 
Hazardous Waste Management etc., 54 FR 9596, March 7, 1989; CL 64--
Delay of Closure Period for Hazardous Waste Management Facilities, 54 
FR 33376, Aug. 14, 1989; CL 70--Changes to Part 124, 48 FR 14146, Apr. 
1, 1983 and 48 FR 30113, June 30, 1983 and 53 FR 28118, July 26, 1988 
and 53 FR 37396, Sept. 26, 1988 and 54 FR 246, Jan. 4, 1989; CL 77--
HSWA Codification Rule, Double Liners, Correction, 55 FR 19262, May 9, 
1990; CL 99--Amendments to Interim Status Standards for Downgradient 
Ground-Water Monitoring Well Locations, 56 FR 66356, Dec. 23, 1991; CL 
100--Liners and Leak Detection Systems for Hazardous Waste Land 
Disposal Units, 57 FR 3462, Jan. 29, 1992; CL 113--Consolidated 
Liability Requirements, 53 FR 33938, Sept. 1, 1988, 56 FR 30200, July 
1, 1991 and 57 FR 42832, Sept. 16, 1992; CL 118--Liquids in Landfills 
II, 57 FR 54452, Nov. 18, 1992 [Note: To cover a related change to a 
definition made by this Federal checklist/rulemaking, we also are 
authorizing Rule 2.2C]; CL 131--Recordkeeping Instructions, 59 FR 
13891, March 24, 1994; CL 133--Letter of Credit Revision, 59 FR 29958, 
June 10, 1994; CL 145--Liquids in Landfills III, 60 FR 35703, July 11, 
1995; CL 148--RCRA Expanded Public Participation Rule, 60 FR 63417, 
Dec. 11, 1995; and CL 174--Post-Closure Permit Requirements and Closure 
Process, 63 FR 56710, Oct. 22, 1998.
    Third, we are authorizing State regulations that are analogous to 
the Uniform Hazardous Waste Manifest Rule, CL 207, 70 FR 10776, March 
24, 2005 and 70 FR 35034, June 16, 2005: Rules 2.2 C, including 2.2 
C.7, 2.2 D, including 2.2 D.3, 2.2 E, 2.2 F, 2.2 G, 3.0 including 
definitions of ``Administrator--Regional Administrator,'' ``EPA,'' 
``Hazardous Waste'' and ``Manifest,'' 5.2 A, 5.3, 5.4 B, 5.6, 5.9, 6.3 
K, 6.4, 6.5, 8.1, including 8.1 A.23 and 8.1 A.24, 8.1 A.25, and 8.1 
A.26.
    Fourth, we are authorizing the State regulations that cover 
additional hazardous wastes that have been listed by the EPA since the 
time of Rhode Island's base program approval: CL 14--Dioxin Waste 
Listing and Management Standards, 50 FR 1978, Jan. 14, 1985: Rules 2.2 
C, 3.0--definitions of ``hazardous waste'' and ``acutely hazardous 
waste,'' 2.2 C.14, 5.0, 5.2 A, 2.2 F, 2.2 G, 2.2 I, and 7.0 B.33; CL 
18--Listing of TDI, DNT and TDA Wastes, 50 FR 42936, Oct. 23, 1985: 
Rules 2.2 C and 3.0--definition of ``hazardous waste''; CL 20--Listing 
of Spent Solvents, 50 FR 53315, Dec. 31, 1985: Rule 2.2 C; CL 21--
Listing of EDB Wastes, 51 FR 5327, Feb. 13, 1986: Rule 2.2 C; CL 22--
Listing of Four Spent Solvents, 51 FR 6537, Feb. 25, 1986: Rules 2.2 C 
and 3.0--definition of ``hazardous waste''; CL 33--Listing of EBDC, 51 
FR 37725, Oct. 24, 1986: Rule 2.2 C; CL 56--Removal of Iron Dextran 
from the List of Hazardous Wastes, 53 FR 43878, Oct. 31, 1988: Rules 
2.2 C and 3.0--definition of ``hazardous waste''; CL 57--Removal of 
Strontium Sulfide from the List of Hazardous Wastes, 53 FR 43881, Oct. 
31, 1988: Rules 2.2 C and 3.0--definition of ``hazardous waste''; CL 
68--Reportable Quantity Adjustment Methyl Bromide Production Wastes, 54 
FR 41402, Oct. 6, 1989: Rule 2.2 C; CL 69--Reportable Quantity 
Adjustment, 54 FR 50968, Dec. 11, 1989: Rule 2.2 C; CL 72--Modification 
of F019 Listing, 55 FR 5340, Feb. 14, 1990: Rule 2.2 C; CL 75--Listing 
of 1,1-Dimethylhydrazine Production Wastes, 55 FR 18496, May 2, 1990: 
Rule 2.2 C; CL 81--Petroleum Refinery Primary and Secondary Oil/Water/
Solids Separation Sludge Listings, 55 FR 46354, Nov. 2, 1990 and 55 FR 
51707, Dec. 17, 1990: Rule 2.2 C; CL 86--Removal of Strontium Sulfide 
from the List of Hazardous Wastes--Technical Amendment, 56 FR 7567, 
Feb. 25, 1991: Rules 2.2 C and 3.0--definitions of ``hazardous waste'' 
and ``acutely hazardous waste.''; CL 88--Administrative Stay for K069 
Listing, 56 FR 19951, May 1, 1991: Rule 2.2 C; CL 89--Revision to the 
Petroleum Refining Primary and Secondary Oil/Water/Solids Separation 
Sludge Listings, 56 FR 21955, May 13, 1991: Rule 2.2 C; CL 110--Coke 
By-Products Listings, 57 FR 37284, Aug. 18, 1992: Rule 2.2 C; CL 115--
Chlorinated Toluenes Production Waste Listing, 57 FR 47376, Oct. 15, 
1992: Rule 2.2 C; CL 134--Correction of Beryllium Powder (P015) 
Listing, 59 FR 31551, June 20, 1994: Rules 2.2 C and 3.0--definition of 
``hazardous waste''; CL 140--Carbamate Production Identification and 
Listing of Hazardous Waste, 60 FR 7824, Feb. 9, 1995, 60 FR 19165, 
April 17, 1995 and 60 FR 25619, May 12, 1995: Rules 2.2 C and 3.0--
definition of ``hazardous waste''; CL 159--Conformance with the 
Carbamate Vacatur, 62 FR 32974, June 17, 1997: Rules 2.2 C and 3.0--
definition of ``hazardous waste''; CL 185--Organobromine Production 
Wastes Vacatur, 65 FR 14472, March 17, 2000: Rules 2.2 C and 3.0--
definition of ``hazardous waste''; CL 187--Petroleum Refining Process 
Wastes--Clarification, 64 FR 36365, June 8, 2000: Rule 2.2 C; CL 195--
Inorganic Chemical Manufacturing Wastes Identification and Listing, 66 
FR 58258, Nov. 20, 2001 and 67 FR 17119, April 9, 2002: Rule 2.2 C; CL 
206--Non-wastewaters from Dyes and Pigments, 70 FR 9138, Feb. 24, 2005 
and 70 FR 35032, June 16, 2005: Rule 2.2 C; and Special Consolidated 
Checklist for Wood Preserving Listings, covering CL 82, 55 FR 50450, 
Dec. 6, 1990, CL 92, 56 FR 30192, July 1, 1991, CL 120, 57 FR 61492, 
Dec. 24, 1992, and CL 167 F, 63 FR 28556, May 26, 1998: Rules 2.2 C, 
2.2 D, 5.2 A, 2.2 F, 2.2 G, and 2.2 I.
    Fifth, we are authorizing the State regulations that add Mercury 
Containing Equipment, Used Electronics and Silver Containing Photo-
Fixing Solution to the State's Universal Waste Rule, and that otherwise 
update the State Universal Waste Rule regulations: CL 209--Mercury 
Containing Equipment, 70 FR 45508 (Aug. 5, 2005): Rules 2.2 C, 2.2 F, 
2.2 G, 2.2 I, 2.2 J, 3.0--definitions of ``universal waste,'' ``large 
quantity handler of universal waste,'' ``small quantity handler of 
universal waste,'' 8.1 A.8-10, 13.1 C., 13.4, 13.5 intro., 13.5 C, and 
13.5 F-R; 40 CFR part 273, subpart G--Petitions to Include Other Wastes 
Under 40 CFR part 273: State regulations including Used Electronics in 
universal waste rule: Rules 2.2 J, 13.1 E, 13.2, 13.4, 13.5 intro., 
13.5 A, and 13.

[[Page 43413]]

5 F.--S, and State regulations including Silver-Containing Photo-Fixing 
Solutions in universal waste rule: Rules 2.2 J, 13.1 F, 13.3, 13.4, 
13.5 intro., 13.5 A, and 13.5 F.--S; CL 176--Technical Amendments to 
Universal Waste Rule, 63 FR 71225 (Dec. 24, 1998): Rules 2.2 H and 
3.0--definition of ``small quantity handler of universal waste.''; 40 
CFR part 273: current State universal waste regulations with 
miscellaneous updates: Rule 13.0--all. Note: These universal waste rule 
regulations are being authorized except to the extent that they cover 
materials that are not Federal hazardous wastes. The broader in scope 
wastes are only materials which pass the TCLP test (e.g., fluorescent 
bulbs with very low levels of mercury), materials that for other 
reasons are not classified as Federal solid and hazardous wastes (e.g., 
CRTs that have met the Federal conditions for being excluded from the 
definition of solid waste), and materials that are excluded from all 
Federal hazardous waste regulation as household hazardous wastes.
    Sixth, we are authorizing State regulations that are analogous to 
the Federal regulations covered by the following additional Checklists: 
CL 9--Household Waste, 49 FR 44978, Nov. 13, 1984: Rules 2.2 C11, 3.0--
definition of ``household hazardous waste,'' and 5.0 intro., except for 
provisions in 5.0 intro. which regulate facilities that accept 
household hazardous waste which are broader in scope, and not including 
Rule 13.5 provisions which regulate certain household hazardous wastes 
as universal wastes which are broader in scope; CL 17C--Household 
Waste, 50 FR 28702-28755, July 15, 1985: Rules 2.2 C11, 3.0--definition 
of ``household hazardous waste,'' and 5.0 intro., except for provisions 
in 5.0 intro. which regulate facilities that accept household hazardous 
waste which are broader in scope, and not including Rule 13.5 
provisions which regulate certain household hazardous wastes as 
universal wastes which are broader in scope; CL 17D--Waste 
Minimization, 50 FR 28702-28755, July 15, 1985: Rules 2.2 D, 2.2 F, 2.2 
I, 5.5, 7.0 C4(c), and 8.1 A.23; CL 17G--Dust Suppression, 50 FR 28702-
28755, July 15, 1985: Rule 2.2 H; CL 17J--Cement Kilns, 50 FR 28702-
28755, July 15, 1985: Rules 2.2 C and 3.0--definition of ``hazardous 
waste''; CL 17R--Hazardous Waste Exports, 50 FR 28702-28755, July 15, 
1985: see CL 31; CL 31--Exports of Hazardous Waste, 51 FR 28664, Aug. 
8, 1986: Rules 2.2 C, 2.2 C.14, 2.2 D, 2.2 E, 3.0--definitions of 
``hazardous waste'' and ``manifest'', 5.0 intro., 5.5, 6.3 L, 6.3 K, 
6.3 M and 6.4, but not including Rule 5.3 F since the EPA directly 
administers and enforces the export and import requirements of 40 CFR 
part 262, subparts E and F as incorporated by reference by R.I. Rule 
5.3 F; CL 48--Farmer Exemptions--Technical Corrections, 53 FR 27164, 
July 19, 1988: more stringent State provisions in Rules 2.2 D, 2.2 D.5, 
2.2 G1, 5.0--intro., 7.0 B.4, 8.1 A.1 and Rule 13.0 provisions re: 
universal waste pesticides; CL 58--Standards for Generators or 
Hazardous Waste, 53 FR 45089, Nov. 8, 1988: Rules 2.2 D and 5.3 B; CL 
67--Testing and Monitoring Activities, 54 FR 40260, Sept. 29, 1989: 
Rule 2.2 C; CL 73--Testing and Monitoring Activities--Technical 
Corrections, 55 FR 8948, Mar. 9, 1990: Rule 2.2 C; CL 76--Criteria for 
Listing Toxic Wastes--Technical Amendment, 55 FR 18726, May 4, 1990: 
Rule 2.2 C; CL 97--Exports of Hazardous Wastes--Technical Corrections, 
56 FR 43704, Sept. 4, 1991: Rule 2.2 D but not Rule 5.3 F--see note 
after checklist 31; CL 117A--Reissuance of the Mixture and Derived From 
Rule, 57 FR 7628, March 3, 1992, 57 FR 23062, June 1, 1992, 57 FR 
49278, Oct. 30, 1992: Rules 2.2 C and 3.0--definition of ``hazardous 
waste''; CL 126--Testing and Monitoring Activities, 58 FR 46040, Aug. 
31, 1993 and 59 FR 47980, Sept. 19, 1994: Rules 2.2 C, 2.2 F, and 2.2 
G; CL 128--Wastes from the Use of Chlorophenolic Formulations in Wood 
Surface Protection, 59 FR 458, Jan. 4, 1994: Rule 2.2 C; CL 132--Wood 
Surface Protection--Correction, 59 FR 28484, June 2, 1994: Rule 2.2 C; 
CL 135--Recovered Oil Exclusion, 59 FR 38536, July 28, 1994: Rules 2.2 
C and 3.0--definition of ``hazardous waste''; CL 136--Removal of the 
Conditional Exemption for Certain Slag Residues, 59 FR 43496, Aug. 24, 
1994: Rule 2.2 H; CL 139--Testing and Monitoring Activities--Amendment 
I, 60 FR 3089, Jan. 13, 1995: Rule 2.2 C; CL 141--Testing and 
Monitoring Activities--Amendment II, 60 FR 17001, April 4, 1995: Rule 
2.2 C; CL 144--Removal of Legally Obsolete Rules, 60 FR 33912, June 29, 
1995: Rules 2.2 C, 2.2 I and 7.0 B.21; CL 150--Amendments to the 
Definition of Solid Waste--Amendment II, 61 FR 13103, March 26, 1996: 
Rule 2.2 C; CL 152--Imports and Exports of Hazardous Waste--
Implementation of OECD Council Decision, 61 FR 16290, April 12, 1996: 
Rules 2.2 C, 2.2 E, 2.2 F, 2.2 G, 2.2 H. 2.2 J, 3.0--definition of 
``hazardous waste'', 5.0--intro., 7.0 B.5, 8.1 A.14, and 2.2 D--except 
not including the incorporation by reference of 40 CFR part 262, 
subpart H by Rule 2.2 D since the EPA directly administers and enforces 
the export and import requirements of that subpart; CL 156--Military 
Munitions Rule, 62 FR 6622, Feb. 12, 1997: Rules 2.2 C, 2.2 D, 2.2 E, 
2.2 F, 2.2 G, 2.2 H, 2.2 I, 5.0, 5.3, 6.0 B, and 6.1 A.8; CL 158--
Testing and Monitoring Activities Amendment III, 62 FR 32452, June 13, 
1997: Rules 2.2 C, 2.2 G, and 3.0--definition of ``hazardous waste''; 
CL 164--Kraft Mill Steam Stripper Condensate Exclusion, 63 FR 18504, 
April 15, 1998: Rule 2.2 C; CL 167D--Mineral Processing Secondary 
Materials Exclusion, 63 FR 28556, May 26, 1998: Rules 2.2 C and 3.0--
definition of ``hazardous waste'', but see CL 199 since State's mineral 
processing secondary materials exclusion has been revised in accordance 
with the revisions covered by that Checklist; CL 178--Petroleum 
Refining Process Wastes--Leachate Exemption, 64 FR 6806, Feb. 11, 1999: 
Rule 2.2 C; CL 180--Test Procedures for the Analysis of Oil and Grease 
and Non-Polar Material, 64 FR 26315, May 14, 1999: Rule 2.2 C; CL 
192A--Mixture and Derived-From Rules Revisions, 66 FR 27266, May 16, 
2001: Rules 2.2 C and 3.0--definition of ``hazardous waste''; CL 193--
Change of Official EPA Mailing Address, 66 FR 34374, June 28, 2001: 
Rule 2.2 C; CL 194--Mixture and Derived-From Rules Revision II, 66 FR 
50332, Oct. 3, 2001: Rules 2.2 C and 3.0--definition of ``hazardous 
waste''; CL 199--Vacatur of Mineral Processing Spent Materials Being 
Reclaimed as Solid Wastes and TCLP Use with MGP Waste, 67 FR 11251, 
March 13, 2002: Rules 2.2 C and 3.0--definition of ``hazardous waste,'' 
except not including Rule 2.2 C.18 regarding State's regulation of MGP 
waste in some circumstances, which is broader in scope; CL 208--Methods 
Innovation Rule and SW-846 Final Update IIIB, 70 FR 34538, June 14, 
2005 and 70 FR 44150, August 1, 2005: Rules 2.2 C, 2.2 F, 2.2 G, 2.2 I, 
3.0--definition of ``hazardous waste'', 7.0 B.47, 7.0 B.79, 8.1 A.60 
and 15 including 15.1 B.1; CL 211--Revision of Wastewater Treatment 
Exemptions for Hazardous Waste Mixtures--Headworks Exemptions, 70 FR 
57769, Oct. 4, 2005: Rules 2.2 C and 3.0--definition of ``hazardous 
waste''; CL 213--Burden Reduction Initiative, 71 FR 16862, April 4, 
2006: Rules 2.2 C, 2.2 C.4, 2.2 F, 2.2 G, 2.2 I, 2.2 J, 7.0 B.82, 8.1 
A.17, 8.1 A.41, 8.1 A.45 and 8.1 A.64; CL 214--Errors in the Code of 
Federal Regulations, 71 FR 40254, July 14, 2006: Rules 2.2 C, 2.2 D, 
2.2 F, 2.2 G, 2.2 H, 2.2 I, 3.0--definitions of ``universal waste,'' 
``used oil'', ``hazardous waste'', and ``acutely hazardous waste'', 
5.0, 5.2 A, 7.0 B.4, 8.1 A.4, 8.1 A.20, 8.1 A.36, 13.5 F, 13.5 H,

[[Page 43414]]

13.5 I, 13.5 N, 15.1 B, 15.1 C, 15.2 A, 15.3, 15.3 F(3), 15.3 Table 1, 
15.7, 15.7 G(2)(b), 15.7 G(2)(d), 15.7 H(1), 15.8 L, 15.8 Q, 15.8 Q(1), 
15.7 Q6(c), 15.8 Q6(d), 15.8 S, 15.8 S(5), 15.8 W(1)(b), 15.8X(1)(b), 
15.8 Z and 15.9 B(1); CL 216--Exclusion of Oil-Bearing Secondary 
Materials Processed in a Gassification System to Produce Synthesis Gas, 
73 FR 57, Jan. 2, 2008: Rule 2.2 C; CL 218--F019 Exemption for 
Wastewater Treatment Sludges from Auto Manufacturing Zinc Phosphating 
Processes, 73 FR 31756, June 4, 2008: Rule 2.2 C; Consolidated 
Checklist for the Treatability Studies Exemption, covering CL 49, 53 FR 
27290, July 19, 1988 and CL 129, 59 FR 8362, Feb. 18, 1994: Rules 2.2 C 
and 2.2 C.13; Consolidated Checklist for Bevill Exclusion for Mining 
Wastes, covering CL 53, 53 FR 35412, Sept. 13, 1988, CL 65, 54 FR 
36592, Sept. 1, 1989, CL 71, 55 FR 2322, Jan. 23, 1990, CL 90, 56 FR 
27300, June 13, 1991 and CL 167E, 63 FR 28556, May 26, 1998: Rules 2.2 
C, 2.2 D, and 3.0--definition of ``hazardous waste'', except for 2.2 
C.12 regarding the State's regulation of coal ash, which is broader in 
scope.
    Seventh, we are authorizing the State for miscellaneous changes it 
has made to its previously authorized program rules as follows (note, 
the analogous state provisions follow the general areas of 40 CFR to 
which the changes relate): 40 CFR 262.34(d) and 261.5--conditional 
exemptions for small quantity generators and conditionally exempt small 
quantity generators: additional State Rules providing that Rhode Island 
is more stringent: 2.2 C.14, 2.2 D.2, 7.0 B.4, 7.0 B.20, 8.1 A.1, 2.2 
C.7, 2.2.D.3, and additional/changed citations in Rule 3.0--hazardous 
waste definition and Rule 5.0--introduction; 40 CFR 262.10(f) and 
262.70--conditional exemption for farmers: Rules providing that Rhode 
Island is more stringent: 2.2 D.1, 2.2 D.5, 5.0--introduction, 7.0 B.4 
and 8.1 A.1; 40 CFR 261.4(a)(14)--conditional exemption for shredded 
circuit boards being recycled: Rules providing that Rhode Island is 
more stringent: 2.2 C.8 and 13.2; 40 CFR 264.1(d) and 270.1(c)(1)(i)--
permit by rule requirements for injection wells: Rules providing that 
Rhode Island is more stringent: 7.0 B.4, 7.0 B.78, and 8.1 A.1; 40 CFR 
264.1(c) and 270.1(c)(1)(iii)--permit by rule requirements for ocean 
disposal: Rules providing that Rhode Island is more stringent: 7.0 B.4, 
7.0 B.78 and 8.1 A.1; Various Federal regulations reducing requirements 
for performance track facilities: Rules providing that Rhode Island is 
more stringent in not reducing requirements for performance track 
facilities: 2.2 C.4, 2.2 F, 5.2 A, 7.0 B82, 8.1 A.17, 8.1 A.45 and 8.1 
A.64; 40 CFR 263.12--temporary storage by transporters: more stringent 
State regulations in Rule 6.14, except for the Rule 6.14 G application 
fee requirement which is broader in scope; 40 CFR 265.174, as 
incorporated by reference by 262.34--inspection requirement for 
container areas: Rule 5.2 A., including more stringent State 
requirement incorporating by reference 40 CFR 265.15(d), thus requiring 
that generators keep inspection logs; 40 CFR 270.1(c)(2)(v) and 
264.1(c)(10)--wastewater treatment unit exemption: Rules 7.0 B.8 and 
8.1 A.6--incorporation by reference of Federal provisions and also all 
of the (equivalent or more stringent) state additional language within 
those Rules in parts 7.0B8(a) and 8.1A6(a), 7.0B8(b) and 8.1A6(b), 
7.0B8(c) and 8.1A6(c), 7.0B8(e) and 8.1A6(e), and the language at the 
end of both Rules, and also including the restriction of the exemption 
to facilities with ``on site'' discharges in parts 7.0 B.8(d) and 8.1 
A.6(d), except for the rest of parts 7.0 B.8(d) and 8.1 A.6(d), and the 
last sentence of both Rules, regarding zero discharge units, regarding 
which action is deferred. Note also: other (more stringent) State 
requirements relating to designating agents to sign manifests, non-
adoption of reduced permitting requirements and other more minor 
changes, already have been authorized in the first through third 
paragraphs above, and thus need not be authorized here.
    Finally, we are authorizing the Rhode Island regulations which 
update the State's regulations by incorporating by reference the EPA 
RCRA regulations through July 1, 2008 (and the U.S. DOT regulations 
referenced in the EPA regulations through October 1, 2008) [previously 
the State had incorporated by reference Federal requirements only 
through 2004]: Regarding 40 CFR parts 260-265, 266 (except for subpart 
H), 270, 273 and 124: Rules 2.2 A, 2.2 B, and the Rule 3.0 definitions 
of 40 CFR and 49 CFR (as applying through 2008); also regarding 40 CFR 
parts 260 and 261: Rule 2.2 C; also regarding 40 CFR part 262: Rule 2.2 
D., also regarding 40 CFR part 263: Rule 2.2 E., also regarding 40 CFR 
part 266: Rule 2.2 H., also regarding 40 CFR part 273: Rule 2.2 J. For 
the updated authorizations relating to Treatment, Storage and Disposal 
Facilities--40 CFR parts 264, 265, 270 and 124, see the first and 
second paragraphs above.
    In addition to today's authorizations, we previously authorized 
Rhode Island Rule 15.01 E as being equivalent to the Federal exemption 
for used oil filters in 40 CFR 261.4(b)(13). See 72 FR 70229, 70231, 
70233 (Dec. 11, 2007). However, we inadvertently failed to credit Rhode 
Island for having met the requirements of Checklists 104 and 107 
regarding oil used filters at that time. We are today confirming that 
by adopting Rule 15.01 E, Rhode Island has met the Federal requirements 
addressed by those two Checklists.
    Some State provisions may be authorized more than once, as the same 
State regulation may address different Federal requirements. Whether a 
State provision is authorized once or is authorized more than once, the 
effect is the same in making the provision part of the Federally 
authorized program and subject to Federal enforcement.
    Today's final authorization of new State regulations and regulation 
changes is in addition to the previous authorizations of State 
regulations. All previously authorized State regulations remain part of 
the authorized program.

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

    The most significant differences between the State rules being 
authorized and the Federal rules as of July 1, 2008, are summarized 
below. It should be noted that this summary does not describe every 
difference, or every detail regarding the differences that are 
described. Also, EPA is not reopening its previous authorization 
decisions regarding Rhode Island. Previous determinations regarding 
whether particular Rhode Island provisions are ``more stringent,'' or 
``broader in scope,'' or different but ``equivalent'' are described in 
the prior rulemaking actions listed in Section F., above, rather than 
here. Members of the regulated community are advised to read the 
complete regulations, along with this Federal Register document and the 
previous Federal Register documents, to ensure that they understand all 
of the requirements with which they will need to comply.
    In addition to the differences between the State regulations and 
the Federal regulations as of July 1, 2008, described in items 1 
through 3, below, the State rules are different from the current (2010) 
Federal rules in that the State has not adopted the EPA's Definition of 
Solid Waste (DSW) Rule, which took effect at the Federal level on 
December 29, 2008. Since today's authorization of the State regulations 
addresses Federal requirements only through July 1, 2008, and since the 
EPA currently is considering whether to revise the DSW Rule, this 
authorization rulemaking

[[Page 43415]]

does not address the extent to which not adopting the DSW makes 
particular State requirements more stringent versus broader in scope. 
Rather, consideration of this matter is deferred.
    Also, as part of its current update of its regulations, Rhode 
Island has amended the language regarding the Federal exemption for 
wastewater treatment units (WWTUs) in 40 CFR 270.1(c)(2)(v) and 
264.1(g)(6), rather than simply incorporating these Federal provisions 
by reference. See Rules 7.0 B.8. and 8.1 A.6. One of the amendments is 
in Rule 7.0 B.8.(d) and 8.1 A.6.(d), where the State is specifying that 
its WWTU exemption applies only when a unit has a ``current ongoing 
discharge to surface waters or the sewers'' subject to regulation under 
section 402 or 307 of the Clean Water Act, and the State's water act. 
Thus the State is limiting the exemption to units which currently are 
discharging to the water, as opposed to zero discharge units which 
discharge to the air. The State regulations further specify that, 
``zero discharge units such as evaporators are not covered by this 
exemption, but rather must comply with the RCRA requirements for 
generators or Treatment Storage and Disposal Facilities, as applicable, 
in addition to any requirements specified in any permit issued by the 
Department's Office of Water Resources or a Publicly Owned Treatment 
Works.'' Also, as part of this amendment, at the end of Rules 7.0 B.8. 
and 8.1 A.6., the State regulations specify that since zero discharge 
units are not exempted from the State's RCRA regulations, ``the 
hazardous waste requirements apply both to any hazardous wastewaters 
and any hazardous sludges, when either is generated.'' For example, 
this means that all hazardous wastewaters being sent to a zero 
discharge unit must be stored in accordance with hazardous waste 
requirements, and counted as hazardous wastes, and that the zero 
discharge unit itself must meet State hazardous waste requirements 
(tank standards), rather than the facility only having to handle 
hazardous sludges as hazardous wastes when they leave the zero 
discharge unit.
    Whether this particular State amendment is different but equivalent 
to the Federal regulations, or more stringent, or broader in scope, 
depends upon how the Federal exemption is interpreted. How to interpret 
the Federal exemption currently is under review. Thus, consideration of 
this matter is deferred. EPA Region I will address in a future 
authorization rulemaking action whether this amendment should be 
authorized as equivalent to (or more stringent than) the Federal 
regulations, or should be classified as broader in scope.
    It should be emphasized that any decision regarding whether to 
Federally authorize this amendment affects only whether it can be 
Federally enforced. The State regulations are in effect now and are 
enforceable under State law. Thus all regulated entities in Rhode 
Island must comply with them now. In particular, as specified in the 
State regulations, even those entities that have water permits covering 
their zero discharge units must also comply with the State hazardous 
waste requirements (if they have hazardous wastewaters or sludges). 
Persons with questions about how to comply with these new State 
requirements are encouraged to contact the RIDEM directly.
    The other amendments that the State has made to the Federal WWTU 
exemption language are being authorized now, as explained in item 3, 
below.

1. More Stringent Provisions

    There are aspects of the Rhode Island program which are more 
stringent than the Federal program. All of these more stringent 
requirements are, or will become, part of the Federally enforceable 
RCRA program when authorized by the EPA and must be complied with in 
addition to the State requirements which track the minimum Federal 
requirements. These more stringent requirements include the following:
    First, as determined in our 2002 rulemaking action, Rhode Island is 
more stringent with regard to the regulation of Federal small quantity 
generators (SQGs) and Federal conditionally exempt small quantity 
generators (CESQGs). This is because Rhode Island regulates all 
hazardous waste generators using its full RCRA generator (LQG level) 
regulations, with some exceptions. Consistent with our 2002 rulemaking 
which authorized the basic Rhode Island regulations governing SQGs and 
CESQGs as more stringent, the EPA is today determining that certain 
recently added revisions to the Rhode Island regulations which 
reference these more stringent requirements are ``more stringent.'' EPA 
is not reopening our 2002 determination to authorize the basic Rhode 
Island regulations governing SQGs and CESQGs as more stringent.
    Second, Rhode Island regulates farmers disposing of used pesticides 
under its universal waste rule. This is more stringent than the EPA 
approach of exempting farmers from most RCRA requirements so long as 
the conditions in 40 CFR 262.70 are met.
    Third, Rhode Island has not adopted the Federal conditional 
exemption in 40 CFR 261.4(a)(14) for shredded circuit boards being 
recycled. Instead, Rhode Island is regulating shredded circuit boards 
being recycled under its universal waste rule requirements for used 
electronics. This also is more stringent.
    Fourth, Rhode Island does not allow the disposal of hazardous 
wastes through injection wells or the ocean disposal of hazardous 
wastes. This is more stringent than the EPA approach of allowing such 
disposals under RCRA permit-by-rule requirements.
    Fifth, Rhode Island never adopted special regulations for 
Performance Track facilities. This is more stringent than the EPA 
regulations which have allowed special standards regarding some 
requirements for performance track facilities. It also should be noted 
that the EPA recently has terminated the performance track program. 
Thus Rhode Island's approach actually is now equivalent to the current 
EPA approach, rather than more stringent.
    Sixth, Rhode Island regulates, more strictly and extensively than 
EPA, temporary storage of wastes by transporters and temporary transfer 
and storage facilities. Under the Federal regulations, temporary 
storage by transporters is allowed subject to the conditions that the 
hazardous wastes be stored in containers and for no more than 10 days. 
Rhode Island is imposing additional requirements including more 
detailed storage requirements, closure plans and financial assurance 
requirements, and a requirement to obtain State authorization for 
temporary transfer and storage facilities. Also, Rhode Island is 
setting a 72-hour plus Sundays and holidays time limit on storage, as 
opposed to the Federal 10-day time limit. The State requirements all 
are more stringent, other than the State application fee requirement 
which is broader in scope--see below.
    Seventh, Rhode Island amended its regulation 5.2 A. in 2001 to 
specify that generators must keep inspection logs (in accordance with 
265.15(d), in addition to meeting the minimum Federal requirement for 
generators (specified in 264.174, as incorporated by reference by 
262.34) of doing container area inspections. This inspection log 
requirement is more stringent. In our 2002 authorization rulemaking, 
EPA authorized all of Rule 5.0 including this amendment, with respect 
to Federal SQGs and CESQGs. We are today again reauthorizing Rule 5.2 
A. including the 2001 amendment to make clear that the requirement to 
keep an inspection log

[[Page 43416]]

also is Federally enforceable in the case of Federal LQGs.
    Eighth, Rhode Island specifies in its regulations 5.9 and 8.1 A.24 
that generators and TSDFs, respectively, must submit to the State the 
names and signatures of all agents authorized to sign the hazardous 
waste manifest. These State requirements build on the Federal 
requirements regarding properly filling out the manifest, and thus are 
more stringent.
    Ninth, Rhode Island does not allow standardized RCRA permits, 
research, development and demonstration (RD & D) permits and land 
treatment demonstration permits. Instead, Rhode Island requires full 
RCRA permits where the Federal regulations would allow these kinds of 
permits. This is more stringent.
    Tenth, there are other more minor differences between the Federal 
and State programs, where the State is being more stringent. In 
particular, the State has various more stringent provisions relating to 
the technical standards for TSDFs. These more stringent provisions are 
listed in the Checklists submitted by the State, which are part of the 
administrative record. Examples of these more stringent provisions are 
discussed in the memorandum entitled ``More Stringent and Broader in 
Scope Determinations Made in 2010 Rhode Island RCRA Program 
Authorization,'' which also has been placed in the administrative 
record.

2. Broader in Scope Provisions

    There also are aspects of the Rhode Island program which are 
broader in scope than the Federal program. The State requirements (or 
portions of State requirements) which are broader in scope are not 
considered to be part of the Federally enforceable RCRA program. 
However, they are fully enforceable under State law and must be 
complied with by sources in Rhode Island. These broader-in-scope 
provisions include the following:
    First, Rhode Island regulates as hazardous wastes certain PCB 
wastes that are regulated at the Federal level under the Toxic 
Substances Control Act (TSCA) rather than RCRA. As determined in our 
2002 rulemaking action, these State regulations are broader in scope. 
The State recently has adopted regulations (i) specifying that it does 
not exempt PCB incineration facilities from its RCRA permit requirement 
and (ii) granting an exemption from certain hazardous waste 
transportation requirements to certain utilities handling the PCB 
wastes. Consistent with our 2002 authorization decision that the 
State's regulations covering PCB wastes generally are broader in scope, 
we are today classifying these new regulations as broader in scope.
    Second, EPA unconditionally exempts from hazardous waste regulation 
scrap metal being recycled. In guidance, EPA has classified intact 
circuit boards as scrap metal, when they do not contain mercury 
switches, mercury relays, nickel-cadmium batteries or lithium 
batteries. Rhode Island has decided to regulate circuit boards, as used 
electronics under its universal waste rule, even when EPA excludes them 
from regulation under the scrap metal exemption. To the extent that the 
State is regulating circuit boards that the EPA does not regulate, this 
is broader in scope.
    Third, the State is regulating as hazardous wastes both `coal ash' 
and petroleum-contaminated media and debris. These are currently 
excluded from Federal RCRA regulation, although the EPA is now 
considering whether to regulate `coal ash' as a Federal hazardous 
waste. Thus these State regulations (currently) are broader in scope.
    Fourth, manufactured gas plant (MGP) waste is excluded from the 
TCLP testing requirement and thus in effect excluded from hazardous 
waste regulation, by Federal regulation 261.24. While also excluding 
MGP waste when certain conditions are met, Rhode Island is continuing 
to regulate this waste stream when those conditions are not met. This 
State regulation also is broader in scope.
    Fifth, Rhode Island generally follows the Federal RCRA exemption 
for household hazardous waste. However, Rhode Island regulates 
facilities which accept household hazardous wastes, as generators, 
under its hazardous waste regulations. These State regulations are 
broader in scope.
    Sixth, in its universal waste program, Rhode Island regulates 
certain dry cell batteries (i.e., waste-nickel cadmium, mercuric oxide, 
and lead acid dry cell batteries), used electronics, mercury containing 
equipment and mercury-containing lamps, even when they are not Federal 
hazardous wastes. To the extent, and only to the extent, that Rhode 
Island is regulating as universal wastes particular materials that are 
not Federal hazardous wastes, it is being broader in scope. The 
broader-in-scope wastes include materials which pass the TCLP test 
(e.g., fluorescent bulbs with very low levels of mercury) and materials 
that for other reasons are not classified as Federal solid and 
hazardous wastes (i.e., CRTs that have met the Federal conditions for 
being excluded from the definition of solid waste). Rhode Island also 
is broader in scope in that it regulates certain wastes as universal 
wastes even when they are generated by households. See Rule 13.5 E. The 
result is that under State law these wastes generally must be disposed 
through household hazardous waste collection programs.
    Seventh, as part of the current update of its regulations, Rhode 
Island is specifying the fees that it charges for TSDF permit 
applications and for applications for Transporter Temporary Transfer 
and Storage Facilities. These regulations are broader in scope.

3. Equivalent but Different Provisions

    While many State regulations track Federal requirements identically 
or on a line-by-line basis, some differ from the Federal regulations in 
ways that nevertheless are equivalent to the Federal regulations in 
providing the same overall level of environmental protection with 
respect to each Federal requirement. There are various Rhode Island 
regulations which differ from but have been determined to be equivalent 
to the Federal regulations. These regulations are part of the Federally 
enforceable RCRA program. These different but equivalent requirements 
include the following:
    First, as part of its current update of its regulations, Rhode 
Island has amended the language regarding the Federal exemption for 
wastewater treatment units (WWTUs) in 40 CFR 270.1(c)(2)(v) and 40 CFR 
264.1(g)(6), rather than simply incorporating these Federal provisions 
by reference. See Rules 7.0 B.8. and 8.1 A.6. As explained above, the 
decision regarding how to classify and whether to authorize the Rhode 
Island amendment regarding zero discharge units is being deferred. As 
explained below, the other Rhode Island amendments are different from 
but equivalent to the Federal regulations.
    In Rule 7.0 B.8.(a) and 8.1 A.6.(a), the State specifies that for 
purposes of its RCRA regulations, WWTUs are defined as units that are 
handling hazardous wastes. The State's language is equivalent to a 
portion of the Federal definition of WWTU in 40 CFR 260.10.
    In Rule 7.0 B.8.(b) and 8.1 A.6.(b), the State specifies that WWTUs 
may only be used to legitimately treat wastewaters as defined at 47 FR 
4706 (Feb. 2, 1982). The State regulations further specify that the 
disposal of concentrated wastes down the drain into WWTUs is 
prohibited. In the above 1982 Federal Register document incorporated by 
reference by the State regulations, the EPA also has interpreted the 
WWTU exemption as not allowing for the dumping of concentrated wastes 
down

[[Page 43417]]

the drain (into WWTUs). Thus, this State amendment also is equivalent 
to the Federal regulations (as interpreted).
    In Rule 7.0 B.8.(c) and 8.1 A.6.(c), the State specifies that the 
WWTU exemption applies only to tank systems, and not to wastewaters 
when stored or transported in containers. For example, if a company 
generates a hazardous wastewater and stores it in containers before 
pouring the wastewaters from the containers into a wastewater treatment 
tank, the container storage will be regulated by RCRA. This also is 
equivalent to the Federal regulations, which also limit the WWTU 
exemption to tanks and tank systems. See 40 CFR 260.10.
    In Rule 7.0 B.8(d) and 8.1 A.6(d), the State specifies that for 
facilities sending their hazardous wastewaters to surface waters or the 
sewers, the exemption applies only when the discharge point is ``on 
site.'' Thus, for example, if a generator plans to truck hazardous 
wastewaters to a POTW, it must handle them in accordance with the 
generator requirements while on site, and must ship them under 
manifest. EPA has interpreted the Federal WWTU exemption in this same 
way. Thus, this State amendment is equivalent to the EPA regulations 
(as interpreted).
    In Rule 7.0 B.8.(e) and 8.1 A.6.(e), the State specifies that the 
WWTU exemption applies only to those units that have been specifically 
described in a water permit application (e.g., in a schematic diagram) 
and specifically referenced in a water permit as being part of the 
facilities subject to water program regulation. Under the Federal 
regulations, the exemption similarly is limited to those units that are 
part of wastewater treatment facilities that are subject to regulation 
under section 402 or 307(b) of the Clean Water Act. The State amendment 
is designed to ensure that companies are including under the exemption 
only units that legitimately are part of their wastewater treatment 
facilities. Thus, the State amendment helps to ensure that there is 
compliance with the Federal provision. Thus, the State amendment is 
equivalent to (or more stringent than) the Federal provision, as 
opposed to being broader in scope.
    Finally, the State regulations specify at the end of Rules 7.0 B.8. 
and 8.1 A.6. that any hazardous wastes generated from a WWTU must be 
managed in accordance with the State's hazardous waste requirements, 
once it leaves the exempt WWTU, e.g., when a sludge is stored in 
containers on site. This also is consistent with the way in which the 
Federal regulations have been interpreted. Thus this State provision 
also is equivalent to the Federal regulations (as interpreted).
    Another way in which the Rhode Island regulations are different 
from but equivalent to the Federal regulations relates to the 
regulation of universal wastes. In addition to the batteries, 
pesticides, mercury containing equipment and mercury containing lamps 
(fluorescent bulbs) regulated by the EPA as universal wastes, Rhode 
Island is regulating used electronics (including cathode ray tubes and 
circuit boards) and silver-containing photo fixing solutions as 
universal wastes. Except when applied to materials that are not Federal 
hazardous wastes--see discussions under item 2, above, these Rhode 
Island regulations are equivalent to the Federal regulations rather 
than being broader in scope. Except as described under item 2 above, 
Rhode Island is regulating materials that also are regulated by the EPA 
in the hazardous waste program. The EPA also believes that such State 
regulations are not less stringent than the EPA regulations. Although 
Rhode Island is regulating as universal wastes some materials that are 
regulated as full hazardous wastes under the Federal regulations, Rhode 
Island has the authority as an authorized State to classify appropriate 
materials as universal wastes, subject to having appropriate State 
management standards. Just as the EPA may add additional wastes to its 
universal waste rule through the Petition Process set forth in 40 CFR 
part 273, subpart G, an authorized State may add additional universal 
wastes to its universal waste rule through an equivalent process. EPA 
Region I has reviewed the State's proposals to include used electronics 
and silver-containing photo fixing solutions as universal wastes, and 
agrees that these wastestreams are appropriate for inclusion as 
universal wastes and that Rhode Island has adopted appropriate 
protective management standards for these wastes.

I. How does today's action affect Indian country (18 U.S.C. 115) in 
Rhode Island?

    Rhode Island is not authorized to carryout its hazardous waste 
program in Indian country within the State which includes the land of 
the Narragansett Indian Tribe. Therefore, this action has no effect on 
Indian country. EPA will continue to implement and administer the RCRA 
program in these lands.

J. Who handles permits after the authorization takes effect?

    Rhode Island will issue permits for all the provisions for which it 
is authorized and will administer the permits it issues. EPA will 
continue to administer and enforce any RCRA and HSWA (Hazardous and 
Solid Waste Act) permits or portions of permits which it has issued in 
Rhode Island prior to the effective date of this authorization until 
the State incorporates the terms and conditions of the Federal permits 
into the State RCRA permits. EPA will not issue any more new permits, 
or new portions of permits, for the provisions listed in this document 
above after the effective date of this authorization. EPA will continue 
to implement and issue permits for any HSWA requirements for which 
Rhode Island is not yet authorized.

K. What is codification and is EPA codifying Rhode Island'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 by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart UU for this authorization of Rhode Island's 
program until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action (RCRA 
State Authorization) from the requirements of Executive Order 12866 (58 
FR 51735, October 4, 1993); therefore, this action is not subject to 
review by OMB. This action authorizes State requirements for the 
purpose of RCRA 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 
Tribal governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). This action will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various

[[Page 43418]]

levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely authorizes State 
requirements as part of the State RCRA hazardous waste program without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant and it does not make decisions based on 
environmental health or safety risks. This 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 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 otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in 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 15, 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.).
    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 
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 nevertheless will be effective 60 days after it is published, 
because it is an immediate final rule.

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: July 7, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2010-18235 Filed 7-23-10; 8:45 am]
BILLING CODE 6560-50-P
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