Delaware and Maryland: Adequacy of State Solid Waste Landfill Permit Programs Under RCRA Subtitle D

Under section 4005(c)(1)(C) of the Resource Conservation and Recovery Act (RCRA), EPA can approve state permit programs for solid waste disposal facilities that receive hazardous waste from conditionally exempt small quantity generators (CESQGs). A CESQG is a generator that generates less than 100 kilograms of hazardous waste per month. CESQGs are subject to minimal recordkeeping and reporting requirements under RCRA, but must satisfy three basic regulatory requirements to remain exempt from the full scope of hazardous waste regulations that apply to other generators: identification of hazardous wastes, compliance with storage quantity limits, and compliance with applicable hazardous waste treatment and disposal regulations. Federal regulations specify that CESQG hazardous waste must be disposed of in one of several ways, including either: a hazardous waste facility subject to RCRA Subtitle C, or a state licensed or permitted municipal solid waste landfill (MSWLF) subject to regulations, or a state licensed or permitted non- municipal, non-hazardous waste disposal unit subject to regulations. This action approves Maryland's regulations which require that CESQG hazardous waste must be disposed of in hazardous waste landfills, if disposed in Maryland, or in one of the three ways mentioned above, if disposed outside of Maryland. EPA is also approving Delaware's regulations which require that CESQG hazardous waste can only be disposed in hazardous waste landfills. EPA is publishing this rule to approve applicable regulations in Delaware and Maryland without prior proposal because we believe this action is not controversial, and we do not expect comments that oppose it. Unless we receive written comments which oppose this approval during the comment period, the decision to approve the subject regulations in Delaware and Maryland will take effect as scheduled. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing th