[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Rules and Regulations]
[Pages 19442-19449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3547]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-8158-4]
Washington: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule; authorization of State-initiated changes.
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SUMMARY: During a review of Washington's regulations, EPA identified a
variety of State-initiated changes to Washington's hazardous waste
program under the Resource Conservation and Recovery Act, as amended,
(RCRA), for which the State had not previously sought authorization. We
have reviewed Washington's changes to its program and have determined
that these changes are minor and satisfy all requirements needed to
qualify for final authorization, therefore we are authorizing the
State-initiated changes through this immediate final action. EPA is
publishing this rule to authorize the changes without a prior proposal
because we believe this action is not controversial and do not expect
comments that oppose it. Unless we receive written comments that oppose
this authorization during the comment period, the decision to authorize
Washington's changes to its hazardous waste program will take effect
June 13, 2006. If we receive comments that oppose this action, EPA will
publish a document in the Federal Register withdrawing this rule before
it takes effect. EPA will then address public comments in a later final
rule based on the proposed rule in today's Federal Register. If we
receive comments that oppose only the authorization of a particular
change to the State hazardous waste program, we will withdraw that part
of today's rule. However, the authorization of program changes that are
not opposed by any comments will become effective on the date specified
above. A Federal Register withdrawal document will specify which part
of the authorization will become effective and which part is being
withdrawn. EPA may not provide further opportunity for comment. Any
parties interested in commenting on this action must do so at this
time. Today's document also makes corrections to the table included in
the authorization Federal Register document for Washington published on
October 12, 1999.
DATES: This final authorization will become effective on June 13, 2006,
unless EPA receives adverse written comments on or before May 15, 2006.
ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0087
by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the
[[Page 19443]]
online instructions for submitting comments.
2. E-mail: [email protected].
3. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington
98101.
4. Hand Delivery: At the previously-listed EPA Region 10 address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to EPA-R10-RCRA-2006-0087. EPA's
policy is that all comments received will be included in the public
file without change, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system
which means that 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 file 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 and any form of
encryption, and shall 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: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy during normal business
hours at the U.S. Environmental Protection Agency (EPA), Region 10
Library, 1200 Sixth Avenue, Seattle WA 98101. This Docket Facility is
open to the public from 9 to 11:30 a.m. and from 1 to 4 p.m. Monday
through Friday, excluding legal holidays. The library telephone number
is (206) 553-1289. Additionally, hard copies are available from the
Washington Department of Ecology, 300 Desmond Drive, Lacey, WA 98503,
contact, Patricia Hervieux at (360) 407-6756.
FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10,
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122,
Seattle, Washington 98101. Phone number: (206) 553-6502 or Patricia
Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey,
WA 98503; phone number: (360) 407-6756, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated Changes to Washington's Hazardous
Waste Program
A. Why Are Revisions to State Programs Necessary?
States that have received final authorization from EPA pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program is revised
States must revise their programs and apply to EPA to authorize the
revisions. Authorization of revisions to State programs may be
necessary when Federal or State statutory or regulatory authority is
modified or when certain other revisions occur, including, among
others, revisions to the State program initiated by the State. Most
commonly, States revise their programs because of revisions to EPA's
regulations in Title 40 of the 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 conclude that Washington's revisions to its authorized program
meet all of the statutory and regulatory requirements established by
RCRA. Therefore, we revise Washington's authorized hazardous waste
program to include the changes identified by EPA and described in
section G, below.
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which Washington has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Washington
subject to RCRA will continue to be subject to the authorized State
requirements and to the federal HSWA provisions for which the State is
not authorized in order to comply with RCRA. Washington has enforcement
responsibilities under its state hazardous waste program for violations
of its program, but EPA continues to have independent enforcement
authority under RCRA sections 3007, 3008, 3013, and 7003, which
authority includes, among others, authority to:
Perform inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether Washington
has taken its own actions.
Today's action does not impose additional requirements on the
regulated community because the regulations for which Washington is
being authorized by this 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 rule because we view
this as a routine program change and do not expect any adverse written
comments. 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 Washington's program changes.
E. What Happens If EPA Receives Comments That Oppose This Action?
If the Agency does receive adverse written comment, it will publish
a notice withdrawing this immediate final rule before its effective
date. EPA then will address the comment in a later final rule based on
the companion document appearing in the Proposed Rules section of
today's Federal Register. If we receive comments that oppose only the
authorization of a particular change to the State hazardous waste
program, we will withdraw that part of today's rule. However, the
authorization of program
[[Page 19444]]
changes that are not opposed by any comments will become effective on
June 13, 2006. A Federal Register withdrawal document will specify
which part of the authorization will become effective and which part is
being withdrawn. You may not have another opportunity to comment. If
you want to comment on this authorization, you must do so at this time.
F. What Has Washington Previously Been Authorized for?
Washington initially received final authorization on January 30,
1986, effective January 31, 1986 (51 FR 3782), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Washington's program on September 22, 1987, effective on
November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16,
1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR
55322); February 29, 1996, effective April 29, 1996 (61 FR 7736);
September 22, 1998, effective October 22, 1998 (63 FR 50531); October
12, 1999, effective January 11, 2000 (64 FR 55142); and on April 11,
2002 effective April 11, 2002 (67 FR 17636).
G. What Revisions Are We Authorizing With Today's Action?
During a review of Washington's regulations, we identified a
variety of changes that Washington had made to provisions we had
previously authorized. EPA brought these changes to the attention of
Washington and confirmed with the State that the State-initiated
changes generally correct typographical errors and printing errors,
clarify and make the State's regulations more internally consistent, or
bring the State regulations closer to the Federal language. The State's
authorized hazardous waste program, as amended by these provisions,
remains equivalent to, consistent with, and no less stringent than the
Federal RCRA program.
We are revising Washington's authorized hazardous waste program to
include the changes listed in the table below. The provisions listed in
the table are from the Washington Annotated Code (WAC) and are
analogous to the RCRA regulations, as indicated in the table. The RCRA
regulations are those as published in 40 CFR parts 124, 260 through
266, 268, 270, 273 and 270, as of July 1, 1999, unless otherwise noted.
All of the referenced analogous state authorities were legally adopted
and effective as of June 10, 2000. Note that a number of the State
provisions have no direct Federal analogs but are related to particular
paragraphs, sections, or parts of the Federal hazardous waste
requirements in the 40 CFR parts 264, 265 and 270. For example, the
Federal code has no specific definition for ``acute hazardous waste''
in 40 CFR 260.10, but a description of and the requirements for ``acute
hazardous waste'' can be found in 40 CFR 261.30(d). Therefore, in the
``Analogous Federal Requirement'' column, the Federal analog to the
State's definition of ``acute hazardous waste'' in WAC 173-303-040 is
listed as ``No Federal analog; related to 261.30(d)). Similarly, while
the Federal code has no specific definition for ``Independent qualified
registered professional engineer'', the term is used in 40 CFR parts
264, 265 and 270.
------------------------------------------------------------------------
Analogous federal requirement
State requirement (WAC) (40 CFR, as of July 1, 1999)
------------------------------------------------------------------------
173-303-017(2)(a)(iii)................. 261.2(e)(1)(iii).
173-303-040 Definitions
``Acute hazardous waste''.......... No federal analog; related to
261.30(d).
``Carbon regeneration unit''....... 260.10 ``Carbon regeneration
unit''.
``Commercial chemical product or 261.33(d) Comment.
manufacturing chemical
intermediate''.
``Debris''.........................
``Designation''.................... 268.2(g).
``Discharge'' or ``dangerous waste No federal analog; related to
discharge''. part 261.
260.10 ``Discharge'' or
``hazardous waste discharge'',
261.2(d).
``Domestic sewage''................ 261.4(a)(1)(ii) last sentence.
``Hazardous debris''............... 268.2(h).
``Hazardous substances''........... No federal analog; related to
part 261.
``Ignitable waste''................ No federal analog; related to
261.21(b).
``Independent qualified registered No federal analog; related to
professional engineer''. parts 264, 265 and 270.
``Infrared incinerator''........... 260.10 ``Infrared
incinerator''.
``Mixed waste''.................... No federal analog; related to
part 261.
``Off-specification used oil fuel'' 266.40(e) [1990 CFR]; related
to 279.11.
``Plasma arc incinerator''......... 260.10 ``Plasma arc
incinerator''.
``Polycyclic aromatic No federal analog; related to
hydrocarbons''. part 261.
``Reactive waste''................. No federal analog; related to
261.23(b).
``Regulated unit''................. 264.90(a)(2).
``Sludge dryer''................... 260.10 ``Sludge dryer''.
``Stabilization'' and No federal analog; related to
``solidification''. parts 264 and 265.
``Temporary unit''................. No federal analog; related to
264.553(a).
``Thermal treatment''.............. 260.10 ``Thermal treatment''.
``Transfer facility''.............. 260.10 ``Transfer facility''.
``Transport vehicle''.............. 260.10 ``Transport vehicle''.
``Triple rinsing''................. No federal analog; related to
261.7(b)(3)(i).
``Vessel''......................... 260.10 ``Vessel''.
173-303-060(2)......................... 262.12(b).
173-303-070(2)(a)(i)................... No federal analog; related to
261.3(c)(2).
173-303-070(2)(a)(ii)(A)............... 261.3(c)(2).
173-303-070(2)(a)(iii)................. 261.3(c)(2).
173-303-070(3), except (a)(iii) and (c) 261.3(a)(2)(i) and (ii),
261.3(c)(1), 261.5(h) and
262.11(c).
173-303-070(3)(c)...................... 262.11(c).
173-303-070(4) introductory paragraph No federal analog; related to
and (e). 262.11.
173-303-070(5), except 070(5)(c)....... No federal analog; related to
262.11.
173-303-070(7)(c)(iii) and (iv)........ 261.5(c)(2) and (c)(3).
[[Page 19445]]
173-303-070(7)(c)(v) and (vi).......... 261.5(c)(5) and (c)(6).
173-303-070(8)(b)(i)................... 261.5(f)(1) and 261.5(g)(1).
173-303-070(8)(b)(ii).................. No federal analog; related to
261.5(f) and 261.5(g).
173-303-070(8)(c)...................... 261.5(j).
173-303-071(3) introductory paragraph.. 261.4(a) introductory paragraph
and 261.4(b) introductory
paragraph.
173-303-071(3)(a)(i) and 173-303- 261.4(a)(1)(i) and (ii).
071(3)(a)(ii) introductory paragraph.
173-303-071(3)(a)(ii)(A)-(D)........... No federal analog; related to
261.4(a)(1).
173-303-071(3)(k) introductory 261.8.
paragraph through (k)(i)(A).
173-303-071(3)(o)...................... 261.3(c)(2)(ii)(A).
173-303-071(3)(aa)..................... 261.4(b)(6)(i).
173-303-072(3)(c) except the phrase, No federal analog; related to
``except 173-303-090(6)(a)(iii)''. 260.22.
173-303-080............................ No federal analog; related to
part 261.
173-303-082(1)......................... 261.31(a).
173-303-082(3)......................... 261.3(b)(2).
173-303-090(8)(c) and Table............ No federal analog; related to
261.24.
173-303-100............................ No federal analog; related to
part 261.
173-303-110(2)(a)(i)-(vii), and (b).... 261 Appendix 1.
173-303-110(3)(b) and (c).............. No federal analog; related to
part 260.11.
173-303-120(4) introductory paragraph.. No federal analog; related to
261.6(c)(1).
173-303-140(2) introductory paragraph.. No federal analog; related to
part 268.
173-303-140(4)(b)(iv) and (v).......... 264.314(e) and (f) 263.30 and
263.31.
173-303-145 except 173-303-145(3)(a) ...............................
introductory paragraph and (3)(b).
173-303-160(4)......................... No federal analog; related to
260.20.
173-303-161(6)......................... No federal analog; related to
part 264.
173-303-170(3) introductory paragraph No federal analog; related to
and (3)(a). 262.34(a) and (d).
173-303-170(3)(b) introductory 262.10(c).
paragraph and (i) and (ii).
173-303-170(4)......................... No federal analog; related to
262.11(d).
173-303-180(5)......................... No federal analog; related to
part 262.
173-303-200(1)(a)...................... 262.34(b).
173-303-200(1)(d)...................... 262.34(a)(3).
173-303-210(1) through (3)(a).......... 262.40(a) through (c).
173-303-210(3)(b), (4) and (6)......... No federal analog; related to
part 262.
173-303-220(3)......................... 262.43.
173-303-230(3) introductory paragraph No federal analog; related to
and (3)(a) and (4). 261.7.
173-303-240(1)......................... No federal analog; related to
263.10.
173-303-240(2)......................... No federal analog; related to
263.11.
173-303-240(3)......................... No federal analog; related to
part 263.
173-303-240(6), except (6)(a).......... 263.12.
173-303-240(7)(a)...................... 263.30.
173-303-240(8) and (9)................. No federal analog; related to
263.12.
173-303-280(4)......................... No federal analog; related to
part 264.
173-303-282, except 173-303-282(3)(b), No federal analog; related to
(f), (g) and (h); (6)(a)(i) and part 264.
(6)(c)(i)(A)(i).
173-303-282(3)(b), (f), (g) and (h); 264.18(a).
(6)(a)(i).
173-303-283............................ No federal analog; related to
part 264.
173-303-290(1)......................... 264/265.12(a).
173-303-300(5)(g)...................... 264/265.13(b)(5).
173-303-300(6) introductory paragraph 264/265.13(c) introductory
through (6)(b). paragraph through (c)(2).
173-303-320(2)(d)...................... 264/265.15(d).
173-303-330(2)(c)...................... 264/265.16(c)(4).
173-303-350(3)(c)...................... 264/265.52(c).
173-303-360(1)......................... 264/265.55.
173-303-360(2)(d) and (e).............. 264/265.56(d).
173-303-360(2)(k)(viii)and(ix)......... No federal analog; related to
264/265.56(j).
173-303-370(4)(b)...................... 264/265.72(b).
173-303-380(1)(e)...................... 264/265.73(b)(5).
173-303-380(2)(d)...................... 264/265, Appendix I (3).
173-303-390(2) introductory paragraph.. 264/265.75 introductory
paragraph.
173-303-390(3) paragraph and (3)(a).... 264/265.77 introductory
paragraph and (a).
173-303-390(3)(b)...................... 265.77(b).
173-303-390(3)(c)...................... 264.77(b) and 265.77(c).
173-303-390(4)......................... No federal analog; related to
264/265.77.
173-303-395(6)......................... No federal analog; related to
parts 264 and 265.
173-303-400(1)......................... 265.1(a).
173-303-400(2)(c)(iii)................. 265.1(c)(3).
173-303-400(2)(c)(iv).................. 265.1(c)(9) and (10).
173-303-400(2)(c)(viii)................ 265.1(c)(7).
173-303-400(2)(c)(x)................... No federal analog; related to
265.1(c)(11).
173-303-400(2)(c)(xi) introductory 265.1(c)(14) introductory
paragraph. paragraph [2000 CFR].
173-303-400(2)(c)(xiii), except 265.1(c)(11), except (11)(i)(D)
(xiii)(A)(iv) and (xiii)(D). and (11)(iv).
173-303-400(3)(c) introductory No federal analog; related to
paragraph. part 265.
173-303-400(3)(c)(i)(A) and (B)........ No federal analog; related to
part 265.
[[Page 19446]]
173-303-400(3)(c)(ii) and (iii)........ No federal analog; related to
265.300.
173-303-400(3)(c)(iv).................. 265.273(b).
173-303-400(3)(c)(v)................... 265.91(c).
173-303-400(3)(c)(vi).................. No federal analog; related to
265.140 through 265.145.
173-303-400(3)(c)(vii)-(x)............. No federal analog; related to
part 265.
173-303-505(1)(b)(i) first two 266.20(b).
sentences.
173-303-506(1)......................... No federal analog; related to
261.4(b)(12).
173-303-515(1)......................... No federal analog; related part
279.
173-303-525(1)......................... 266.70, except 266.70(b)(3).
173-303-573(11)(c)(ii)................. 273.15(c)(2) [2000 CFR].
173-303-573(19)(a)(i).................. 273.32(a)(1) [2000 CFR].
173-303-573(22)(c)(ii)................. 273.35(c)(2) [2000 CFR].
173-303-573(26)(a)(ii) and (b)(ii)..... 273.39(a)(2) and (b)(2) [2000
CFR].
173-303-600(1)......................... 270.1(c)(2), 264.1(a).
173-303-600(3)(c)...................... 264.1(e).
173-303-600(3)(e)...................... 264.1(g)(1).
173-303-600(3)(j)...................... 264.1(g)(5) and (6);
270.1(c)(2)(iv) and (v).
173-303-600(7)......................... No federal analog; related to
264.1.
173-303-610(1)(b)...................... 264.110(b).
173-303-610(3)(a)(iii) and (iv)........ 264.112(b)(3).
173-303-610(3)(a)(viii)................ 264.112(b)(7).
173-303-610(6)......................... 264.115.
173-303-610(7)(a)(i)................... 264.117(a)(1)(i).
173-303-610(8)(a)...................... 264.118(a).
173-303-610(8)(b)(ii) introductory 264.118(b)(2) introductory
paragraph. paragraph.
173-303-610(8)(b)(ii)(A)............... 264.118(b)(2)(i).
173-303-610(8)(d)(ii)(C)............... 264.118(d)(2)(iii).
173-303-620(1)(b) introductory 264.140(b) introductory
paragraph. paragraph.
173-303-620(1)(b)(i)................... 264.140(b)(1).
173-303-620(1)(b)(ii).................. 264.140(b)(3).
173-303-620(1)(b)(iii)................. No federal analog; related to
264.140(b).
173-303-620(1)(b)(iv).................. 264.140(b)(2).
173-303-620(1)(b)(v)................... 264.140(b)(4).
173-303-620(1)(c)...................... 264.140(c).
173-303-620(3)(a) introductory 264.142(a) introductory
paragraph. paragraph.
173-303-630(6)(b)...................... 264.145.
173-303-630(2)......................... 264.171.
173-303-630(5)(c)...................... No federal analog; related to
264.173.
173-303-630(6)......................... 264.174.
173-303-630(7)(d)...................... No federal analog; related to
264.175.
173-303-640(1)(a)...................... 264.190 introductory paragraph.
173-303-645(8)(c)...................... 264.97(c).
173-303-645(12)........................ No federal analog; related to
264.101.
173-303-646(1)(d)...................... No federal analog; related to
264.101, 264.552 and 264.553.
173-303-646(2)(d)...................... No federal analog; related to
264.101.
173-303-646(4)(b)...................... 264.552(h).
173-303-646(4)(c)...................... No federal analog; related to
264.552.
173-303-650(2)(a)(i)(D)................ No federal analog; related to
264.221.
173-303-650(2)(c)...................... 264.221(g).
173-303-650(2)(f)...................... 264.221(h).
173-303-650(2)(j) through (m).......... 264.221(c) through (f).
173-303-655(8)(b)...................... 264.280(b).
173-303-660(2)(c)...................... No federal analog; related to
264.251.
173-303-660(3)(b)...................... 264.252(b).
173-303-660(6)(d)(ii).................. No federal analog; related to
264.250.
173-303-660(9)(c)(ii).................. 264.258(c)(2).
173-303-665(2)(c)-(f).................. 264.301(g) through (j).
173-303-665(2)(h)...................... 264.301(c).
173-303-665(2)(j)...................... 264.301(d).
173-303-665(11)........................ 264.317.
173-303-670(1)(b)(iii)................. No federal analog; related to
264.340.
173-303-670(3)......................... 264.342.
173-303-670(4)(a)(ii).................. 264.343(a)(2).
173-303-680(3)......................... 264.602.
173-303-690(1)(c) and Note............. 264.1030(c).
173-303-692(1)(b)(v)................... 264.1080(b)(5).
173-303-692(3)......................... No Federal analog; related to
parts 60, 61 and 63.
173-303-800(7)(c)(i) introductory 270.1(c)(3)(i) introductory
paragraph through (c)(i)(C). paragraph through (c)(i)(C).
173-303-800(7)(c)(ii).................. 270.1(c)(3)(ii).
173-303-800(8)......................... 270.32(b)(1) and (b)(2).
173-303-803(3)(n)...................... 270.13(n).
173-303-803(4), except (4)(b).......... 270.10(f), except (f)(2).
173-303-803(5)(b)...................... 270.10(g)(2).
[[Page 19447]]
173-303-805(2)......................... 270.70(b).
173-303-805(8) introductory paragraph.. 270.73 introductory paragraph.
173-303-805(8)(e)...................... No federal analog; related to
270.73.
173-303-806(4) introductory paragraph.. No federal analog; related to
270.14.
173-303-806(4)(a)(vi).................. 270.14(b)(6).
173-303-806(4)(a)(xxi) introductory No federal analog; related to
paragraph, (a)(xxi)(C) and (xxiv). 270.14.
173-303-807(1)......................... 270.62(a) and (b) introductory
paragraph.
173-303-810(8)(b)...................... 270.4(b) and 270.30(g).
173-303-810(8)(c)...................... 270.4(c).
173-303-810(15)(a) through (15)(c), 270.12(a).
first sentence.
173-303-810(19)........................ 270.32(b).
173-303-815(1) through (3)............. 270.31 through 270.33.
173-303-830(3)(b)(i)................... 270.41(b)(1).
173-303-830(4)(b)(ii) introductory 270.42(b)(2) introductory
paragraph. paragraph.
173-303-910(1)(c)...................... 260.20(c)
------------------------------------------------------------------------
In addition to the changes authorized above, EPA is also approving
changes made by Washington to State procedural provisions. EPA reviewed
these changes in order to determine the adequacy of State procedures to
operate the hazardous waste program. State procedural provisions are
not authorized by EPA and do not supplant Federal procedures. With
respect to procedural requirements, EPA relies on Federal procedures
rather than the State analogs to these provisions. Washington's
procedures to implement the State's hazardous waste management program
requirements continue to operate independently under State law. The
approved changes to the following State procedures are included as part
of this action for informational purposes only: WAC Chapter 173-03,
Public Records, Sec. 173-03-060(1)-(5), effective as of August 31,
1998, and Chapter 173-303, Dangerous Waste Regulations, Sec. Sec. 173-
303-806(13), 173-303-840(2)(d)(i)&(ii), and 173-303-910(1)(e),
effective as of June 10, 2000.
H. Who Handles Permits After This Authorization Takes Effect?
After authorization, Washington will issue permits for all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that were issued prior to the effective
date of this authorization. EPA will not issue any new permits or new
portions of permits for the provisions listed in section G after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Washington is not yet
authorized.
I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Washington?
EPA's decision to authorize the Washington hazardous waste program
does not include any land that is, or becomes after the date of this
authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, with
the exception of the non-trust lands within the exterior boundaries of
the Puyallup Indian Reservation (also referred to as the ``1873 Survey
``Area'' or ``Survey ``Area'') located in Tacoma, Washington. EPA
retains jurisdiction over ``Indian Country.'' Effective October 22,
1998 (63 FR 50531, September 22, 1998) Washington's state program was
authorized to implement the state authorized program on the non-trust
lands within the 1873 Survey Area of the Puyallup Indian Reservation.
The authorization did not extend to trust lands within the reservation.
EPA retains its authority to implement RCRA on trust lands and over
Indians and Indian activities within the 1873 Survey Area.
J. What Is Codification and Is EPA Codifying Washington'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. EPA does this by
referencing the authorized State rules in 40 CFR part 272. We reserve
the amendment of 40 CFR part 272, subpart WW, for this authorization of
Washington's program revisions until a later date.
II. Corrections
A. Corrections to October 12, 1999 (64 FR 55142) Authorization Document
There were omissions and typographical errors in the table
published as part of the October 12, 1999 (64 FR 55142) authorization
notice for Washington. The affected entries and the corrected entries
are shown in the table below.
* * * * *
------------------------------------------------------------------------
Analogous State
Checklist Federal Federal Authority (WAC
requirements Register 173-303- * * *)
------------------------------------------------------------------------
* * * * * * *
84................... Toxicity 56 FR 5910, 02/ 506: (2)(3) has
Characteristic 13/91. been corrected
; to read 506:
Chlorofluoroca (2), (3).
rbon
Refrigerants*.
* * * * * * *
14................... Dioxin Waste 50 FR 1978, 01/ * * * 110: 3(c)
Listing and 14/85. has been
Management corrected to
Standards*. read: 110:
3(f) * * *
60................... Amendment to 54 FR 4286, 01/ 807: (10) has
Requirements 30/89. been corrected
for Hazardous to read: 807:
Waste (12).
Incinerator
Permits.
[[Page 19448]]
* * * * * * *
------------------------------------------------------------------------
* Indicates State provision is more stringent.
* * * * *
III. Statutory and Executive Order Reviews
This rule authorizes revisions to the State of Washington's
authorized hazardous waste program pursuant to section 3006 of RCRA and
imposes no requirements other than those currently imposed by State
law. This rule complies with applicable executive orders and statutory
provisions as follows.
1. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant,''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more, or adversely affect in a
material way, the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order. It has been determined
that this final rule is not a ``significant regulatory action'' under
the terms of Executive Order 12866 and is therefore not subject to OMB
review.
2. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.,
because this final rule does not establish or modify any information or
recordkeeping requirements for the regulated community and is only
authorizing the pre-existing requirements under State law and imposes
no additional requirements beyond those imposed by State law.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business defined by the Small Business Administrations' Size
Regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. EPA
has determined that this action will not have a significant economic
impact on small entities because the final rule will only have the
effect of authorizing pre-existing requirements under State law and
imposes no additional requirements beyond those imposed by State law.
After considering the economic impacts of today's rule, I certify that
this action will not have a significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. Today's rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. It imposes no new enforceable
duty on
[[Page 19449]]
any State, local or tribal governments or the private sector.
Similarly, EPA has also determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, today's rule is not subject to the
requirements of section 203 of the UMRA.
5. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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 various levels of government.'' This rule does
not have federalism implications. It 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 various levels of government, as specified in
Executive Order 13132. This rule addresses the authorization of
preexisting State rules. Thus, Executive Order 13132 does not apply to
this rule.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. Thus,
Executive Order 13175 does not apply to this rule.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 applies to any rule that: (1) Is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to Executive Order 13045
because it is not economically significant as defined in Executive
Order 12866 and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
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'' as defined under Executive Order
12866.
9. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through the OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This rule does
not involve ``technical standards'' as defined by the NTTAA. Therefore,
EPA is not considering the use of any voluntary consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
To the greatest extent practicable and permitted by law, and
consistent with the principles set forth in the report on the National
Performance Review, each Federal agency must make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health and environmental effects of its programs, policies, and
activities on minority populations and low-income populations in the
United States and its territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the
Mariana Islands. Because this rule addresses authorizing pre-existing
State rules and there are no anticipated significant adverse human
health or environmental effects, the rule is not subject to Executive
Order 12898.
11. Congressional Review Act
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 rule 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 of the rule 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 rule, although not a major rule, will be effective on the
June 13, 2006.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous material transportation,
Hazardous waste, Indians-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: April 5, 2006.
L. Michael Bogert,
Regional Administrator, EPA Region 10.
[FR Doc. 06-3547 Filed 4-13-06; 8:45 am]
BILLING CODE 6560-50-P