[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)]
[Rules and Regulations]
[Pages 31641-31643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14806]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5222-8]
Oregon; Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Oregon has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed Oregon's application and has made a decision,
subject to public review and comment, that Oregon's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for final authorization. Thus, EPA intends to approve Oregon's
hazardous waste program revisions. Oregon's application for program
revision is available for public review and comment.
DATES: Final authorization for Oregon shall be effective August 15,
1995 unless EPA publishes a prior Federal Register action withdrawing
this immediate final rule. All comments on Oregon's program revision
application must be received by the close of business July 17, 1995.
ADDRESSES: Copies of Oregon's program revision application are
available Monday through Friday, 8 a.m. to 5 p.m., at the following
addresses for inspection and copying: Oregon Department of
Environmental Quality, Executive Building, 811 SW. Sixth Avenue,
Portland, OR 97204; phone: (503) 229-5072; U.S. EPA Region 10, Library,
10th Floor, 1200 Sixth Avenue, Seattle, WA 98101; phone: (206) 553-
4763. Written comments should be sent to Michael Le, U.S. EPA, Region
10, 1200 Sixth Avenue, Mail Stop HW-107, Seattle, WA 98101; phone:
(206) 553-1099.
FOR FURTHER INFORMATION CONTACT: Michael Le, U.S. EPA, Region 10, 1200
Sixth Avenue, Mail Stop HW-107, Seattle, WA 98101; phone: (206) 553-
1099.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA or ``the Act''), 42
U.S.C. 6929(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. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows
States to revise their programs to become substantially equivalent
instead of equivalent to RCRA requirements promulgated under HSWA
authority. States exercising the latter option receive ``interim
authorization'' for the HSWA requirements under Section 3006(g) of
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for
the HSWA requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 260-266,
268, 124 and 270.
B. Oregon
Effective on January 31, 1986, Oregon received final authorization
for the base program. Today, Oregon is seeking approval of its program
revision in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Oregon's application, and has made an immediate
final decision that Oregon's hazardous waste program revision satisfies
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Oregon. The public may submit
written comments on EPA's immediate final decision up until July 17,
1995. Copies of Oregon's application for program revision are available
for inspection and copying at the locations indicated in the Addresses
section of this notice.
Approval of Oregon's program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received EPA will publish either (1) A
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
Oregon's revision application includes those RCRA federal
provisions promulgated on September 19, 1994 and January 3, 1995. These
regulations pertain to Land Disposal Restrictions Phase II--Universal
Treatment Standards for Organic Toxicity characteristic Wastes and
Newly Listed Wastes. Oregon Environmental Quality Commission
incorporated by reference these federal regulations. Accordingly, the
State rules (Oregon Administrative Rule, OAR 340-100-002(1)) are
equivalent to the federal regulations and became effective in the State
of Oregon on May 18, 1995.
This program revision will not authorize the State to operate the
RCRA program over any Indian lands; this authority remains with EPA.
C. Decision
I conclude that Oregon's application for program revision meets all
of the statutory and regulatory requirements established by RCRA.
Accordingly, Oregon is granted final authorization to operate its
hazardous waste program as revised.
Oregon now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the HSWA. Oregon also has primary
enforcement responsibilities, although EPA retains the right to conduct
inspections under Section 3007 of RCRA and to take enforcement actions
under Section 3008, 3013 and 7003 of RCRA.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Oregon's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indian lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and
[[Page 31643]]
7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a),
6926, 6974(b).
Dated: June 5, 1995.
Chuck Clarke,
Regional Administrator.
[FR Doc. 95-14806 Filed 6-15-95; 8:45 am]
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