Connecticut: Proposed Final Authorization of State Hazardous Waste Management Program Revisions

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule and notice of informational meeting.

SUMMARY:

The State of Connecticut has applied to EPA for Final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The revisions consist of State regulations which update the State's program to meet federal requirements through January 1, 2001. The revisions cover the EPA RCRA Clusters Non-HSWA VI, HSWA I, HSWA II, and RCRA I through XI, and include such important rules as Corrective Action, land disposal restrictions, toxicity characteristic amendments, burning hazardous waste in boilers and industrial furnaces, recycled used oil, universal wastes, and the expanded RCRA public participation rule. EPA proposes to grant final authorization to Connecticut for these revisions to its hazardous waste program. EPA has determined that these State regulations meet the requirements for authorization as set forth in the RCRA statute and EPA's regulations.

DATES:

Comments on the proposed rule must be received on or before August 5, 2004. Comments submitted electronically will be considered timely submitted if they are received by 11:59 p.m. (eastern time) on the deadline date. An informational meeting relating to the proposed authorization will be held on July 21, 2004 from 10 a.m. to 12 noon in Hartford, Connecticut.

ADDRESSES:

Written comments should be mailed to Robin Biscaia, Hazardous Waste Unit, EPA Region I, One Congress St., Suite 1100 (CHW), Boston, MA 02114-2023, or e-mailed to: biscaia.robin@epa.gov.

The informational meeting will be held on July 21, 2004 from 10 a.m. to 12 noon at the Phoenix Auditorium located on the 5th floor of the Connecticut Department of Environmental Protection, 79 Elm Street, in Hartford, Connecticut.

Dockets containing copies of the State of Connecticut's revision application and the materials which the EPA used in evaluating the revision have been established at the following two locations: (i) Connecticut Department of Environmental Protection, Bureau of Waste Management, Waste Engineering and Enforcement Division, 79 Elm Street—4th floor, Hartford, CT 06106-5127, business hours Monday through Friday 9 a.m. to 4 p.m., tel: (860) 424-3023; and (ii) EPA Region I Library, One Congress Street—11th Floor, Boston, MA 02114-2023, business hours Monday through Thursday 10 a.m.-3 p.m., tel: (617) 918-1990. Records in these dockets are available for inspection and copying during normal business hours.

FOR FURTHER INFORMATION CONTACT:

Robin Biscaia, Hazardous Waste Unit, EPA Region I, One Congress St., Suite 1100 (CHW), Boston, MA 02114-2023, tel: (617) 918-1642, e-mail: biscaia.robin@epa.gov.

SUPPLEMENTARY INFORMATION:

Informational meeting. The EPA and the Connecticut Department of Environmental Protection (CTDEP) will hold an informational meeting in order to address questions related to authorization, including the implementation and transition of the Corrective Action program to the CTDEP. EPA and State personnel will also be available to discuss other program elements. This meeting will not be a public hearing in which comments are formally entered into the administrative record. Instead, all comments related to this proposed action must be submitted in writing, and must be received by the EPA in accordance with the procedures specified above.

A. Why Are Revisions to State Programs Necessary?

States with final authorization under section 3006(b) of RCRA, 42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal hazardous waste program changes, the States must revise their programs and apply for authorization of the revisions. Revisions to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must revise 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 Has Connecticut Previously Been Authorized for Under RCRA?

The State of Connecticut received Final Authorization on December 17, 1990, effective December 31, 1990 (55 FR 51707), to implement its base hazardous waste management program. This previously authorized program generally tracks Federal hazardous waste requirements through July 1, 1989.

C. What Decisions Is the EPA Proposing To Make in This Rule?

We believe that the State of Connecticut's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant Connecticut Final authorization to operate its hazardous waste program with the changes described in the authorization application.

D. What Happens if EPA Receives Written Comments That Oppose This Action?

If EPA receives written comments that oppose this authorization, we will evaluate and address them prior to issuing any final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you should do so at this time.

E. What Changes Is the EPA Proposing To Authorize With Today's Action?

The EPA is proposing to authorize Connecticut regulations which update the State's hazardous waste program to meet federal requirements through January 1, 2001. The revisions track the following federal rules in RCRA Clusters Non-HSWA VI, HSWA I, HSWA II, and RCRA I through XI:

Non-HSWA VI

64 Delay of Closure Period for Hazardous Waste Management Facilities (54 FR 33376, 8/14/89)

65 Mining Waste Exclusion I (54 FR 36592, 9/1/89)

67 Testing and Monitoring Activities (54 FR 40260, 9/29/89)

70 Changes to Part 124 Not Accounted for by Present Checklists

(70) Environmental Permit Regulations; RCRA Hazardous Waste; SDWA Underground Injection Control; CWA National Pollutant Discharge Elimination System; CWA Section 404 Dredge or Fill Programs; and CAA Prevention of Significant Deterioration (48 FR 14146, 4/1/83)

(70) Hazardous Waste Management System; Permit Program; Requirements for Authorization of State Programs; Procedures for Decisionmaking; Identification and Listing of Hazardous Waste; Standards for Owners and Operators of Hazardous Waste Storage, Treatment, and Disposal Facilities; Interim Status Standards for Owners and Operators of Hazardous Waste Storage, Treatment, and Disposal Facilities; Correction (48 FR 30113, 6/30/83)

(70) Underground Injection Control Program; Hazardous Waste Disposal Injection

Restrictions; Amendments to Technical Requirements for Class I Hazardous Waste Injection Wells; and Additional Monitoring Requirements Applicable to All Class I Wells (53 FR 28118, 7/26/88)

(70) Safe Drinking Water Act; National Drinking Water Regulations; Underground Injection Control Regulations; Indian Lands (53 FR 37396, 9/26/88)

(70) National Pollutant Discharge Elimination System Permit Regulations (54 FR 246, 1/4/89)

71 Mining Waste Exclusion II (55 FR 2322, 1/23/90)

72 Modifications of F019 Listing (55 FR 5340, 2/14/90)

73  Testing and Monitoring Activities; Technical Corrections (55 FR 8948, 3/9/90)

76 Criteria for Listing Toxic Wastes; Technical Amendment (55 FR 18726, 5/4/90)

78N Land Disposal Restrictions for Third Third Scheduled Wastes (55 FR 22520, 6/1/90)

HSWA I

CP Hazardous and Used Oil Fuel Criminal Penalties, (HSWA § 3006(h), § 3008(d) § 3014

HSWA Date of Enactment Provisions, 11/8/84; 50 FR 28702, 7/15/85)

14 Dioxin Waste Listing and Management Standards (50 FR 1978, 1/14/85)

16 Paint Filter Test (See Revision Checklist 25 in HSWA Cluster I) (50 FR 18370, 4/30/85)

SI Sharing of Information With the Agency for Toxic Substances and Disease Registry (HSWA § 3019(b), 7/15/85)

17 HSWA Codification Rule (50 FR 28702, 7/15/85)

17E Location Standards for Salt Domes, Salt Beds, Underground Mines and Caves (50 FR 28702, 7/15/85)

17G Dust Suppression (50 FR 28702, 7/15/85)

17L Corrective Action (50 FR 28702, 7/15/85)

17N Permit Life (50 FR 28702, 7/15/85)

17O Omnibus Provision (50 FR 28702, 7/15/85)

18 Listing of TDI, TDA, DNT 50 FR 42936, 10/23/85

20 Listing of Spent Solvents (50 FR 53315, 12/31/85)

21 Listing of EDB Waste (51 FR 5327, 2/13/86)

22 Listing of Four Spent Solvents (51 FR 6537, 2/25/86)

25 Codification Rule; Technical Correction (Paint Filter Test, 51 FR 19176, 5/28/86)

30 Biennial Report; Correction (51 FR 28556, 8/8/86)

31 Exports of Hazardous Waste (51 FR 28664, 8/8/86)

32 Standards for Generators; Waste Minimization Certifications (51 FR 35190, 10/1/86)

33 Listing of EBDC (51 FR 37725,10/24/86)

HSWA II

44 HSWA Codification Rule 2 (52 FR 45788, 12/1/87)

44A Permit Application Requirements Regarding Corrective Action

44B Corrective Action Beyond Facility Boundary

44C Corrective Action for Injection Wells

44D Permit Modification

44E Permit as a Shield Provision

44F Permit Conditions to Protect Human Health and the Environment

48 Farmer Exemptions; Technical Corrections (53 FR 27164, 7/19/88)

66 Land Disposal Restrictions; Correction to First Third Wastes (includes revision checklist 66.1 correction) (54 FR 36967, 9/6/89 as amended by 54 FR 9596, 3/7/89)

68 Reportable Quantity Adjustment Methyl Bromide Production Waste (54 FR 41402, 10/6/89)

69 Reportable Quantity Adjustment (F024 and F025) (54 FR 50968,12/11/89)

74 Toxicity Characteristics Revision (includes revision checklist 74.1 correction) (55 FR 11798, 3/29/90 as amended by 55 FR 26986, 6/29/90)

75 Listing of 1,1-Dimethylhydrazine Production Wastes (55 FR 18496, 5/2/90)

78H Land Disposal Restrictions for Third Third Wastes (55 FR 22520, 6/1/90)

79 Organic Air Emission Standards for Process Vents and Equipment Leaks (55 FR 25454, 6/21/90)

RCRA I

80 Toxicity Characteristic; Hydrocarbon Recovery Operations (55 FR 40834, 10/5/90 as amended by 56 FR 3978, 2/01/91 and 56 FR 13406, 4/2/91)

81 Petroleum Refinery Primary and Secondary Oil/Water/Solids Separation Sludge Listings (F037 and F038) (55 FR 46354, 11/2/90 as amended by 55 FR 51707, 12/17/90)

82 Wood Preserving Listings (55 FR 50450, 12/6/90)

83 Land Disposal Restrictions for Third Third Scheduled Wastes; Technical Amendment (56 FR 3864, 1/31/91)

84 Toxicity Characteristic; Chlorofluoro-carbon Refrigerants (56 FR 5910, 2/13/91)

85 Burning of Hazardous Waste in Boilers and Industrial Furnaces (56 FR 7134, 2/21/91)

86 Removal of Strontium Sulfide From the List of Hazardous Waste; Technical Amendment (56 FR 7567, 2/25/91)

87 Organic Air Emission Standards for Process Vents and Equipment Leaks; Technical Amendment (56 FR 19290, 4/26/91)

88 Administrative Stay for K069 Listing (56 FR 19951, 5/1/91)

89 Revision to F037 and F038 Listings (56 FR 21955, 5/13/91)

90 Mining Exclusion III (56 FR 27300, 6/13/91)

91 Administrative Stay for F032, F034, and F035 Listings (Superseded by 57 FR 5859 and 57 FR 61492, see revision checklists 101 and 120 in RCRA Clusters II and III, respectively) (56 FR 27332, 6/13/91)

RCRA II

92 Wood Preserving Listings; Technical Corrections (56 FR 30192, 7/1/91)

94 Burning of Hazardous Waste in Boilers and Industrial Furnaces; Corrections and Technical Amendments I (56 FR 32688, 7/17/91)

95 Land Disposal Restrictions for Electric Arc Furnace Dust (K061) (56 FR 41164, 8/19/91)

96 Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendments II (56 FR 42504, 8/27/91)

97 Exports of Hazardous Waste; Technical Correction (56 FR 43704, 9/4/91)

98 Coke Ovens Administrative Stay (56 FR 43874, 9/5/91)

99 Amendments to Interim Status Standards for Downgradient Ground-Water Monitoring Well Locations (56 FR 66365, 12/23/91)

100 Liners and Leak Detection Systems for Hazardous Waste Land Disposal Units (57 FR 3462, 1/29/92)

101 Administrative Stay for the Requirement That Existing Drip Pads be Impermeable (Superseded by 57 FR 61492, see Revision Checklist 120 in RCRA Cluster III) (57 FR 5859, 2/18/92)

102 Second Correction to the Third Third Land Disposal Restrictions (57 FR 8086, 3/6/92)

103 Hazardous Debris Case-by-Case Capacity Variance (57 FR 20766, 5/15/92)

104 Oil Filter Exclusion (57 FR 21524, 5/20/92)

105 Recycled Coke By-Product Exclusion (57 FR 27880, 6/22/92)

106 Lead-Bearing Hazardous Materials Case-by-Case Capacity Variance (57 FR 28628, 6/26/92)

RCRA III

107 Used Oil Filter Exclusion Corrections (57 FR 29220, 7/1/92)

108 Toxicity Characteristic Revisions (57 FR 30657, 7/10/92)

109 Land Disposal Restrictions for Newly Listed Waste and Hazardous Debris (57 FR 37194, 8/18/92)

110 Coke-By-Products Listings (57 FR 37284, 8/18/92)

111 Boilers and Industrial Furnaces; Technical Amendment III (57 FR 38558, 8/25/92)

112 Recycled Used Oil Management Standards (57 FR 41566, 9/10/92)

113 Consolidated Liability Requirements: Financial Responsibility for Third-Party Liability, Closure, and Post-Closure (includes revision checklists 113.1 and 113.2) [(57 FR 42832, 9/16/92 which amends 53 FR 33938, 9/1/88 (formerly revision checklist 51) and 56 FR 30200, 7/1/91(formerly revision checklist 93)]

114 Boilers and Industrial Furnaces; Technical Amendment IV (57 FR 44999, 9/30/92)

115 Chlorinated Toluenes Production Waste Listing (57 FR 47376, 10/15/92)

116 Hazardous Soil Case-by-Case Capacity Variance (57 FR 47772, 10/20/92)

117A Reissuance of the “Mixture” and “Derived From” Rules (includes revision checklists 117A.1 and 117A.2) (57 FR 7628, 3/3/92 as amended by 57 FR 23062, 6/1/92 and 57 FR 49278, 10/30/92)

117B Toxicity Characteristic Amendment (57 FR 23062, 6/1/92)

118 Liquids in Landfills II (57 FR 54452, 11/18/92)

119 Toxicity Characteristic Revision; TCLP Correction (includes checklist 119.1 revision) (57 FR 55114, 11/24/92 as amended by 58 FR 6854, 2/2/93)

120 Wood Preserving; Amendments to Listings and Technical Requirements (57 FR 61492, 12/24/92)

121 Corrective Action Management Units and Temporary Units (58 FR 8658, 2/16/93)

122 Recycled Used Oil Management Standards; Technical Amendments and Corrections (includes checklist 122.1 revisions) (58 FR 26420, 5/3/93 and 58 FR 33341 6/17/93)

123 Land Disposal Restrictions; Renewal of the Hazardous Waste Debris Case-by-Case Capacity Variance (58 FR 28506, 5/14/93)

124 Land Disposal Restrictions for Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated (58 FR 29860, 5/24/93)

RCRA IV

125 Boilers and Industrial Furnaces; Changes for Consistency with New Air Regulations (58 FR 38816, 7/20/93)

126 Testing and Monitoring Activities (includes checklists 126.1 revisions) (58 FR 46040, 8/31/93 as amended by 59 FR 47980, 9/19/94)

127 Boilers and Industrial Furnaces; Administrative Stay and Interim Standards for Bevill Residues (58 FR 59598, 11/9/93)

128 Wastes From the Use of Chlorophenolic Formulations in Wood Surface Protection (59 FR 458, 1/4/94)

129 Revision of Conditional Exemption for Small Scale Treatability Studies (59 FR 8362, 2/18/94)

130 Recycled Used Oil Management Standards; Technical Amendments and Corrections II (59 FR 10550, 3/4/94)

131 Recordkeeping Instructions; Technical Amendment (59 FR 13891, 3/24/94)

132 Wood Surface Protection; Correction (59 FR 28484, 6/2/94)

133 Letter of Credit Revision (59 FR 29958, 6/10/94)

134 Correction of Beryllium Powder (P015) Listing (59 FR 31551, 6/20/94)

RCRA V

135 Recovered Oil Exclusion (59 FR 38536, 7/28/94)

136 Removal of the Conditional Exemption for Certain Slag Residues (59 FR 43496, 8/24/94)

137 Universal Treatment Standards and Treatment Standards for Organic Characteristic Wastes and Newly Listed Waste (includes checklist 137.1 revisions) (59 FR 47982, 9/19/94 as amended by 60 FR 242, 1/3/95)

139 Testing and Monitoring Activities Amendment I (60 FR 3089, 1/13/95)

140 Carbamate Production Identification and Listing of Hazardous Waste (includes revision checklists 140.1 and 140.2) (60 FR 7824, 2/9/95 as amended by 60 FR 19165, 4/17/95 and 60 FR 25619, 5/12/95)

141 Testing and Monitoring Activities Amendment II (includes checklist 140.1 revisions) (60 FR 17001, 4/4/95 and 60 FR 19165, 4/17/95)

142 Universal Waste Rule (60 FR 25492, 5/11/95)

142A General Provisions

142B Specific Provisions for Batteries

142C Specific Provisions for Pesticides

142D Specific Provisions for Thermostats

142E Petition Provisions to Add a New Universal Waste

144 Removal of Legally Obsolete Rules (60 FR 33912, 6/29/95)

RCRA VI

148 RCRA Expanded Public Participation (60 FR 63417, 12/11/95)

150 Identification and Listing of Hazardous Waste; Amendments to Definition of Solid Waste (61 FR 13103, 3/26/96)

151 Land Disposal Restrictions Phase III (61 FR 15566, 4/8/96)

(151.1) Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners; Partial Withdrawal and Amendment (61 FR 15660, 4/8/96)

(151.2) Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners; Correction (61 FR 19117, 4/30/96)

(151.3) Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners; Technical Correction (61 FR 33680, 6/28/96)

(151.4) Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners; Correction (61 FR 36419, 7/10/96)

(151.5) Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners; Emergency Revision (61 FR 43924, 8/26/96)

(151.6) Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners; Correction (62 FR 7502, 2/19/97)

RCRA VII

153 Conditionally Exempt Small Quantity Generator Disposal Options Under Subtitle D (61 FR 34252, 7/1/96)

154 Consolidated Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers 154 (includes revisions checklists 154.1-154.6) (59 FR 62896, 12/6/94 as amended by 60 FR 26828, 5/19/95; 60 FR 50426, 9/29/95; 60 FR 56952, 11/13/95; 61 FR 4903, 2/9/96; 61 FR 28508, 6/5/96; and 61 FR 59932, 11/25/96)

155 Land Disposal Restrictions Phase III—Emergency Extension of the K088 Capacity Variance (62 FR 1992, 1/14/97)

156 Military Munitions Rule (62 FR 6622, 2/12/97)

157 Land Disposal Restrictions—Phase IV (62 FR 25998, 5/12/97)

158 Testing and Monitoring Activities Amendment III (62 FR 32452, 6/13/97)

159 Carbamate Production, Identification and Listing of Hazardous Waste; Land Disposal Restrictions (Conformance With the Carbamate Vacatur) (62 FR 32974, 6/17/97)

RCRA VIII

160 Land Disposal Restrictions Phase III: Emergency Extension of K088 National Capacity Variance (62 FR 37694, 7/14/97)

161 Second Emergency Revision of the Land Disposal Restrictions Treatment Standards for Listed Hazardous Wastes from Carbamate Production (62 FR 45568, 8/28/97)

162 Clarification of Standards for Hazardous Waste LDR Treatment Variances (62 FR 64504, 12/5/97)

163 Organic Air Emissions Standards for Tanks, Surface Impoundments and Containers; Classification and Technical Amendment (62 FR 64636, 12/8/97)

164 Kraft Mill Steam Stripper and Condensate Exclusion (63 FR 18504, 4/15/98)

166 Recycled Used Oil Management Standards' Technical Correction and Clarification (including revision checklist 166.1) (63 FR 24963, 5/6/98 and 63 FR 37780, 7/14/98)

167A-F Land Disposal Restrictions Phase IV—Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Metals and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastewaters (includes revision checklist 167C.1) (63 FR 28556, 5/26/98)

RCRA IX

169 Petroleum Refining Process (including revision checklist 169.1) (63 FR 42110, 8/6/98 as amended by 63 FR 54356, 10/9/98)

170 Land Disposal Restriction—Phase IV (63 FR 46332, 8/31/98)

171 Emergency Revision of LDR Treatment Standards (63 FR 47410, 9/4/98)

172 Emergency Revision of LDR Treatment Standards (63 FR 48124, 9/9/98)

173 Land Disposal Restrictions Treatment Standards (Spent Potliners) (63 FR 51254, 9/24/98)

176 Universal Waste Rule: Technical Amendment (63 FR 71225, 12/24/98)

177 Organic Air Emission Standards (64 FR 3382, 1/21/99)

178 Petroleum Refining Process Wastes (64 FR 6806, 2/11/99)

179 Land Disposal Treatment Standards: Technical Corrections and Clarifications (64 FR 25408, 5/11/99)

180 Test Procedures for the Analysis of Oil and Grease and Non-Polar Material (64 FR 26315, 5/14/99)

RCRA X

181 Universal Waste Rule (64 FR 36466, 7/6/99)

182 NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (MACT Rule) (including revision checklist 182.1) (64 FR 52828, 9/30/99 as amended by 64 FR 63209, 11/19/99)

183 Land Disposal Restrictions; Wood Preserving Wastes, Metal Wastes, Zinc Micronutrients Fertilizer, etc. (correction) (64 FR 56469, 10/20/99)

184 Wastewater Treatment Sludges from Metal Finishing Industry; 180-day Accumulation Time (65 FR 12378, 3/8/00)

185 Organobromine Production Wastes (65 FR 14472, 3/17/00)

187 Organobromine Production Waste and Petroleum Refining Process Waste: Technical Correction (65 FR 36365, 6/8/00)

RCRA XI

189 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Chlorinated Aliphatics Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; and CERCLA Hazardous Substance Designation and Reportable Quantities (65 FR 67068, 11/8/00)

190 Deferral of Phase IV Standards for PCBs as a Constituent Subject to Treatment in Soil (65 FR 81373, 12/26/00)

The revisions also include other State regulations which address federal requirements, including the state provisions identified in Table 3 in the Program Description and including changes that the State has made to its base program regulations that were authorized in 1990.

The specific State regulations that the EPA is proposing to authorize are listed in the table below. The Federal requirements in the table are identified by reference to the Code of Federal Regulations (CFR). The following abbreviation is used in defining corresponding state authority: R.C.S.A. (Regulations of Connecticut State Agencies).

Following review of the Connecticut regulations, the EPA has determined that they are equivalent to, no less stringent than and consistent with the Federal program. The reasons for these determinations are set forth in the Administrative Docket, which is available for public review. Many of the State regulations incorporate Federal requirements by reference and are virtually identical. In some cases, the State regulations add clarifying language, and the EPA considers the clarifications to be equivalent to the federal regulations. Finally, there are some State regulations which are more stringent than, broader in scope than, or different but equivalent to the federal regulations, as described in the Program Description and summarized below.

F. Where Are the Proposed State Rules Different From the Federal Rules?

The most significant differences between the proposed State rules and the Federal rules are summarized below. It should be noted that this summary does not describe every difference, or every detail regarding the differences that are described. Members of the regulated community are advised to read the complete regulations to ensure that they understand all of the requirements with which they will need to comply.

1. More Stringent Provisions

There are aspects of the Connecticut 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, which are more fully described in the Program Description:

—Additional registration, reporting and other requirements for hazardous waste recyclers;

—Additional specifications regarding when to make hazardous waste determinations;

—Additional waste handling and other requirements for large quantity generators, small quantity generators and conditionally exempt small quantity generators. Note also that the State more stringently defines who may qualify to be small quantity generators or conditionally exempt small quantity generators (e.g., anyone accumulating more than 1,000 kg of hazardous waste is a large quantity generator in Connecticut vs. the federal accumulation limit is 6,000 kg);

—Additional requirements regarding manifests;

—Additional requirements regarding transporter temporary storage and personnel training;

—Additional requirements regarding management of lead acid batteries;

—Additional requirements regarding Boilers and Industrial Furnaces. Note also that Connecticut did not incorporate by reference 40 CFR 266.100(b), which replaced the standards applicable to BIFs in 40 CFR part 266, subpart H with the Maximum Achievable Control Technology requirements of 40 CFR. part 63, subpart EEE, and thus Connecticut continues to require following the more stringent part 266, subpart H standards;

—Prohibition of the underground injection of hazardous waste;

—Additional groundwater monitoring requirements for interim status facilities;

—Additional requirements for permitted facilities;

—Additional requirements for used oil.

2. Broader-in-Scope Provisions

There also are aspects of the Connecticut program which are broader in scope than the Federal program. The 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 within Connecticut. These broader-in-scope requirements include the following, which are more fully described in the Program Description:

—While the EPA generally does not regulate the recycling process itself, and exempts some recyclable materials from all RCRA regulation, the CTDEP Commissioner may impose additional requirements on persons engaging in recycling activities, including those recycling activities and recyclable materials that would otherwise be exempt from regulation. Such additional requirements will generally involve matters beyond the scope of EPA's regulations;

—Connecticut regulates certain recyclable materials that are exempt from RCRA regulation under the federal regulations, including scrap metals meeting the characteristics of ignitability or reactivity, and commercial chemical products when accumulated speculatively;

—Connecticut requires hazardous waste transporters to obtain state permits and prohibits generators from offering hazardous wastes to any transporters who do not have permits;

—In addition to the federally enforceable RCRA permitting requirements, Conn. Gen. Stat. 22a-454 requires persons engaged in certain additional activities to obtain permits (e.g., facilities in the business of collecting, storing, or treating used oil);

—Connecticut law requires approval by the Connecticut Siting Council for hazardous waste facilities;

—Connecticut has established fees for hazardous waste permits and certain status changes;

—Connecticut expanded the definition of “used oil” to include oil that has not been used but is no longer suitable for the services for which it was manufactured due to the presence of impurities or a loss of original properties. This expanded definition results in the regulation under the State's used oil program of some additional oils which would not be regulated in the federal used oil program. Also, some of these oils are not characteristically hazardous and thus would not be regulated as fully regulated hazardous wastes in the federal RCRA program. (This expanded definition also allows for the regulation of some additional oils which are characteristically hazardous, under the used oil program rather than under the full RCRA program.)

3. Different But Equivalent Provisions

There also are some Connecticut regulations which differ from, but have been determined to be equivalent to, the Federal regulations. These State regulations are or will become part of the Federally enforceable RCRA program when authorized by the EPA. These different but equivalent requirements include some requirements related to Corrective Action described in the next section, and also the following:

—In addition to batteries, pesticides, thermostats and mercury-containing lamps included in the federal universal waste rule, Connecticut added used electronics (including CRTs) to the State's universal waste rule;

—Under federal regulations, K174 wastes are not classified as hazardous wastes if certain requirements are met. Connecticut classifies K174 wastes as hazardous wastes but excludes these wastes from certain hazardous waste requirements provided certain requirements are met. While Connecticut's approach is different, the State's requirements for these wastes are equivalent to the federal requirements;

—Connecticut modified the federal provisions for rebutting the presumption that used oil has been mixed with F001 or F002 wastes in order to incorporate a long-standing EPA policy interpretation.

G. What Is the Connecticut Corrective Action Program That Is Being Authorized?

As part of this program update, the State will be assuming responsibility for operating the federal Corrective Action program. The program proposed to be authorized covers all Treatment Storage and Disposal Facilities (TSDFs) subject to 40 CFR 264.101, which includes (i) active facilities which need permits to conduct ongoing treatment, storage or disposal, and (ii) interim status land disposal facilities which have been required to seek post closure permits under the EPA regulations.

The State regulations incorporate 40 CFR 264.101 by reference with certain more stringent changes and thus meet the federal Corrective Action requirements with respect to all facilities which have been or will be permitted. In addition, the State has adopted regulations (R.C.S.A. 22a-449(c)-105(h) and 22a-449(c)-110(a)(2)(RR)) which will accelerate Corrective Action at the interim status land disposal facilities, prior to permitting. Under these regulations, all of the interim status land disposal facilities have been required to submit Environmental Condition Assessment Forms (ECAFs) to the CTDEP. Following review by the CTDEP of the ECAFs, the regulations require that Corrective Action occur either under the direct supervision of the CTDEP or under the direction of a Licensed Environmental Professional (LEP). Whether sites are remediated under the direction of the CTDEP or under the direction of a LEP, the regulations specify that there will be a review of the remediation by the CTDEP prior to any determination that remediation is complete. Sites will remain in interim status until there is such a completeness determination. The regulations further provide for opportunities for public comment for all sites both at the time of remedy selection and prior to any completeness determination.

The State's regulations also recognize that some sites have or will undertake Corrective Action pursuant to Connecticut General Statutes sections 22a-134 to 22a-134e (the “Transfer Act”). Corrective Action at such sites will be subject to the same requirements for CTDEP review (including review of LEP determinations) and the same public comment procedures as specified above.

The EPA believes that the proposed State program is “equivalent” to the EPA Corrective Action program, for the reasons explained below, and further explained in the January 30, 2002 Memorandum entitled “Connecticut Corrective Action Regulations” by EPA Assistant Regional Counsel Jeffry Fowley (in the docket). The EPA regulations contemplate that Corrective Action will occur at sites subject to 40 CFR 264.101, pursuant to permits (or orders). Under the State program, permits similarly will be issued to active facilities and ultimately to some interim status facilities requiring long term operation and maintenance (e.g., closed landfills). While other interim status facilities may satisfy their closure obligations at regulated units and achieve full remediation pursuant to the State regulations and the Transfer Act prior to being issued post closure permits, and thus may never need to be issued post closure permits, this involves an acceleration of effort which is environmentally beneficial. The EPA believes that the State's approach—of having the State agency review whether Corrective Action is complete, after Corrective Action has been carried out under the State regulations and the Transfer Act (sometimes under the direction of a LEP)—is equivalent to the EPA approach of carrying out Corrective Action under the direction of the EPA through a permit. Also, the opportunities for public comment required by the State regulations are equivalent to the public comment procedures applicable to EPA permits. Finally, the State has the needed enforcement authority to ensure that Corrective Action is promptly and fully carried out at sites subject to the State regulations and Transfer Act.

In determining whether remediation is complete, the State and EPA will utilize the Connecticut Remediation Standard Regulations (RSRs), R.C.S.A. 22a-133k-1 et seq., as their primary tool. The EPA believes that the State's approach will meet the federal (section 264.101) requirement for protection of human health and the environment for the reasons explained below, and further explained in the June 2, 2004 Memorandum entitled “CT Remediation Standard Regulations” by David Lim, CT State Coordinator, EPA RCRA Corrective Action Section (in the docket). The RSRs contain numeric standards for the remediation of soil and groundwater which generally are at least as protective as what would be achieved through site specific assessments in EPA directed cleanups. For those rare situations where the general standards of the RSRs might not be sufficient, the RSRs contain “Omnibus” provisions (sections 22a-133k-2(i) and 22a-133k-3(i)) that allow the State to require additional measures. In the Memorandum of Agreement, the EPA and CTDEP have identified particular situations in which this Omnibus authority will be used at Corrective Action sites.

In addition to the sites subject to 40 CFR section 264.101, there are other sites in Connecticut subject to Corrective Action under RCRA section 3008(h). These are former non-land disposal facilities (mostly container storage areas and tanks) which may no longer need permits. However, under the federal Corrective Action program, as permit applicants initially, these facilities acquired site-wide Corrective Action obligations that must be met. The EPA has not established a mechanism for authorizing States to administer the Corrective Action program for such sites. However, in the Memorandum of Agreement (MOA), the EPA and CTDEP have agreed on a coordinated approach to avoid duplication of effort with respect to such sites. In particular, the EPA and CTDEP expect that many of these sites will undertake Corrective Action under the Transfer Act. The CTDEP has agreed in the MOA to utilize the same governmental review and public comment procedures with respect to these non-land disposal facilities as it follows for the land disposal facilities. As also specified in the MOA, the EPA will retain all of its statutory enforcement authority with respect to the non-land disposal facilities, just as it retains its statutory enforcement authority even with respect to the sites subject to the formal authorization. However, the EPA generally does not anticipate taking enforcement action against non-land disposal facilities which promptly and fully carry out Corrective Action pursuant to the Transfer Act, just as the EPA generally does not anticipate taking enforcement action against land disposal facilities which promptly and fully carry out Corrective Action pursuant to the State regulations described above and the Transfer Act. This agreement entered into by the EPA and CTDEP to avoid duplication of effort is further described in the MOA. While the statements in the MOA (and in this Federal Register notice) do not create any legal rights or defenses, the EPA hopes that the agreed upon coordination between the EPA and the CTDEP will foster site cleanups using a One-Cleanup approach.

It is the long-term goal of the EPA and CTDEP that the CTDEP will be the lead overseeing agency for all sites subject to Corrective Action in Connecticut. However, the EPA will continue to be the lead agency for certain sites for a variety of reasons that could include maximizing the federal and state resources available to oversee the program, implementing special initiatives such as achieving environmental indicators or enhancing enforcement. Further, the EPA and CTDEP will at times provide technical and/or logistical support to one another.

H. What Will Be the Effect of the Proposed Authorization Decision?

At the Federal level, the effect of the proposed authorization decision will be that entities in Connecticut subject to RCRA will be able to comply with the authorized State requirements instead of the Federal requirements, with respect to the matters covered by the authorized State requirements, in order to comply with RCRA. However, there will continue to be a dual Federal RCRA program in Connecticut for the few HSWA rules (adopted since January 1, 2001) for which the state is not presently seeking authorization, and for any self-implementing HSWA statutory requirements for which the State has not adopted regulations (e.g., RCRA section 3005(j), 42 U.S.C. 6925(j)). RCRA was amended by the Hazardous and Solid Waste Amendments (“HSWA”) in 1984. Section 3006(g) of RCRA, 42 U.S.C. 6906(g), provides that when the EPA promulgates new regulatory requirements pursuant to HSWA, the EPA shall directly carry out these requirements in states authorized to administer the underlying base hazardous waste program, until the states are authorized to administer these new requirements. The EPA has established a few new regulatory requirements pursuant to HSWA which are not yet proposed to be authorized to be administered by Connecticut. Regulated entities will need to comply with these HSWA requirements as set out in the Federal regulations and statute in addition to authorized State program requirements. A complete list of HSWA requirements is set out in 40 CFR 271.1, Tables 1 and 2.

I. Who Handles Permits After the Authorization Takes Effect?

With respect to TSDF permitting, Connecticut will continue to issue permits for all the provisions for which it is authorized and will administer the permits it issues. The EPA will continue to administer any RCRA hazardous waste permits or portions of permits it has issued. The EPA also will continue to issue permits or portions of permits covering HSWA requirements for which Connecticut is not authorized.

J. How Will Today's Proposed Action Affect Indian Country in Connecticut?

Connecticut is not authorized to carry out its hazardous waste program in Indian country within the State (land of the Mohegan Nation and the Mashantucket Pequot Tribal Nation). The proposed action will have no effect on Indian country. The EPA will continue to implement and administer the RCRA program in these lands.

K. What Is Codification and Will EPA Codify Connecticut's Hazardous Waste Program as Authorized in This Rule?

The EPA is proposing to authorize but not codify the enumerated revisions to the Connecticut program. 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. The EPA does this by referencing the authorized State rules in 40 CFR part 272. The EPA reserves the amendment of 40 CFR part 272, subpart H for the codification of the Connecticut's program until a later date.

L. Administrative Requirements

The EPA has examined the effects of the proposed State authorization decision discussed above and reached the conclusions set out below.

The Office of Management and Budget has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and 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, the EPA certifies 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). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA.

This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This 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 also 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 any information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 271

• Environmental protection
• Administrative practice and procedure
• Confidential business information
• Hazardous materials transportation
• Hazardous waste
• Indians-lands
• Intergovernmental relations
• Penalties
• Reporting and recordkeeping requirements

Authority: RCRA sections 2002 and 3006, 42 U.S.C. 6912 and 6926.