[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Rules and Regulations]
[Pages 52629-52631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24270]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5306-1]
Oregon: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule and public comment period.
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SUMMARY: 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 approves Oregon's hazardous waste program revisions. Oregon's
application for program revision is available for public review and
comment.
DATES: Authorization of the revised program shall become effective on
December 7, 1995, unless significant adverse comments on Oregon's
program revision application are received by the close of business on
November 8, 1995.
If the effective date is delayed, timely notice will be published
in the Federal Register.
ADDRESSES: Copies of Oregon's program revision application are
available, Monday to Friday, from 9 AM to 4 PM at the following
addresses for inspection and copying: Oregon Department of
Environmental Quality, Eighth Floor Reception, 811 SW Sixth Avenue,
Portland, Oregon 97204. Telephone number: (503) 229-6534. U.S. EPA
Region 10 Library, 1200 Sixth Avenue, Seattle, Washington 98101.
Telephone number: (206) 553-1259. Written comments and questions should
be directed to Rene Dagseth, HW 107, EPA, 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT: Renee Dagseth, 206-553-1889.
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. 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.
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. In this case, Oregon has applied for authorization of
its corrective action program, including rules which are equivalent to
the Federal program described in 40 CFR 264.100. Oregon also has
requested authorization for the use of corrective action management
units (CAMUs). As a result of this action, the majority of future RCRA
permits will be issued by Oregon.
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B. Oregon
Oregon's RCRA base program was authorized and became effective on
January 30, 1986. Revisions to Oregon's RCRA program were authorized
and became effective on May 29, 1990; October 4, 1994; and, August 15,
1995. Oregon submitted a program revision application on August 1, 1995
for additional program approvals. Today, Oregon is seeking approval of
its program revision in accordance with 40 CFR 271.21(b)(4).
EPA has reviewed Oregon's application, and has made an immediate
final 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. Consequently, EPA grants
Oregon final authorization for the additional program modifications.
The public may submit written comments on EPA's decision up until
November 8, 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
December 7, 1995, unless an adverse comment pertaining to the State's
revision discussed in this document 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.
C. Description of Oregon's Program
Oregon's revision application includes rules which pertain to
corrective action through the permits process and corrective action
management units (CAMUs). Oregon is applying for authorization of the
following Federal hazardous waste regulations.
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Federal requirement State authority*
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HSWA Codification Rule: Corrective OAR 340-100-002(1), effective 5/95.
Action, 50 FR 28702 7/15/85; RCRA
3004(v)(1)(2).
HSWA Codification Rule: Pre- OAR 340-100-002(1), effective 5/95;
Construction Ban, 50 FR 28702, 7/ OAR 340-105-010, effective 3/91;
15/85. OAR 340-105-115, effective 8/85.
HSWA Codification Rule: Interim OAR 340-100-002(1), effective 5/95;
Status, 50 FR 28702, 7/15/95. OAR 340-105-010, effective 3/95.
HSWA Codification Rule 2: Permit OAR 340-100-002(1), effective 5/95.
Application Requirements Regarding
Corrective Action, 52 FR 45788, 12/
1/87.
HSWA Codification Rule 2: OAR 340-100-002(1), effective 5/95.
Corrective Action Beyond Facility
Boundary, 52 FR 45788, 12/1/87.
HSWA Codification Rule 2: OAR 340-100-002(1), effective 5/95;
Corrective Action for Injection OAR 340-44-015, effective 8/83.
Wells, 52 FR 45788, 12/1/87.
Changes to Interim Status OAR 340-100-002(1), effective 5/95;
Facilities for Hazardous Waste OAR 340-105-001(3), effective 3/
Management Permits; Procedures for 91; OAR 340-105-010, effective 3/
Post-Closure Permitting, 54 FR 91; OAR 340-106-002, effective 7/
9596, 3/7/89. 85.
Corrective Action Management Units OAR 340-100-002(1), effective 5/95.
and Temporary Units; Corrective
Action Provisions Under Subtitle
C, 58 FR 8658, 2/93.
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*The rules referenced are part of the Oregon Administrative Rules (OAR).
Some portions of Oregon's revised program are broader in scope than
the Federal program, and thus are not Federally enforceable. Of the
State regulations cited above, OAR 340-105-014 may be broader in scope
than the Federal program when Oregon requests that facilities provide
information relevant to State-only requirements such as zoning. The
same regulation may be more stringent than the Federal 40 CFR 270.14
if, for example, Oregon requests permitted facility operators to
provide information which is at a greater level of detail than the
Federal program requirements.
D. Status of Federal Permits
Upon the effective date of authorization, Oregon will begin to
administer and enforce corrective action requirements. EPA actions
which fall under the Federal omnibus authority of section 3005(c)(3) of
RCRA, 42 U.S.C. 6925(c)(3), and/or which are federal enforcement
authority, including actions issued pursuant to sections 3008 (h),
3013, or 7003 of RCRA, 42 U.S.C. 6928(h), 6934 or 6973, will continue
to be adminstered by EPA. In addition, HSWA amendments for which the
State has not been authorized will continue to be adminstered and
enforced by EPA.
After this authorization becomes effective, an orderly transition
of permits to the state will ensue. Facilities operating under a joint
EPA-State permit, and whose permits contain a table of authorities,
will be notified that the State is assuming authority over the permit.
HSWA provisions for which the State is not authorized will continue in
effect under EPA-issued permits until the State is authorized for those
provisions and the facility is notified that the State is assuming
authority over the permit.
E. Indian Lands
Oregon is not seeking authorization to operate on Indian lands.
F. 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 for 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
[[Page 52631]]
number of small entities. It does not impose any new burdens on small
entities. This rule, therefore, does not require a regulatory
flexibility analysis.
Authority: This notice 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: September 22, 1995.
Chuck Clarke,
Regional Administrator.
[FR Doc. 95-24270 Filed 10-6-95; 8:45 am]
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