[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58520-58521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29036]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5334-7]


Oregon: Affirmation of Immediate Final Rule To Authorize State 
Hazardous Waste Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Affirmation of immediate final rule and response to comments.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) today 
is responding to a significant adverse comment received in response to 
EPA's published decision in the Federal Register at Vol. 60, No. 195, 
FR 52629, October 10, 1995, to grant final authorization of Oregon's 
hazardous waste program revision under the Resource Conservation and 
Recovery Act, as amended (RCRA). After consideration of the comment, 
EPA's decision that Oregon's hazardous waste program revision satisfies 
all of the requirements necessary to qualify for final authorization 
remains unchanged. Thus, EPA approves Oregon's hazardous waste program 
revision and authorization of the revised program shall become 
effective on December 7, 1995.

EFFECTIVE DATE: December 7, 1995.

FOR FURTHER INFORMATION CONTACT: Cheryl Williams. U.S. EPA, M/S HW-105, 
1200 Sixth Avenue, Seattle, Washington 98101, Phone (206) 553-2137.

SUPPLEMENTARY INFORMATION:

A. Background

    EPA published an Immediate Final Rule in the Federal Register Vol. 
60, No. 195 on October 10, 1995, FR 52629, stating that authorization 
of a revision to Oregon's hazardous waste 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.'' One significant comment was received on 
November 8, 1995, by the Technical Staff of the Confederated Tribes of 
the Umatilla Indian Reservation. EPA's Immediate Final Decision 
explained that if an adverse comment was received, EPA would 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.'' EPA 
does not believe that the significant adverse comment made by the 
Technical Staff of the Confederated Tribes of the Umatilla Indian 
Reservation (Technical Staff of CTUIR or Technical Staff) merits a 
withdrawal of the Immediate Final Decision. However, EPA believes that 
a response to the Technical Staff of CTUIR is important to address the 
concerns raised and to affirm that the Immediate Final Decision will 
take effect as described.

B. Comments Regarding the Immediate Final Decision

    The Technical Staff raised five issues concerning the Agency's 
decision to authorize Oregon's hazardous waste program revision. The 
heart of the comments go to the Technical Staff's concern over disposal 
of chemical weapons at the Umatilla Army Depot. To address the 
underlying concern, EPA reaffirms its role in environmental protection 
in this country. EPA is firmly committed to protection of human health 
and the environment and to ensuring that hazardous wastes are managed 
in an environmentally sound manner. After authorizing a state for a 
revision to its hazardous waste program, EPA functions in an oversight 
capacity with a strong mandate to see that the goals of RCRA are met. 
Based on its decision to authorize a revision to Oregon's hazardous 
waste program, EPA believes that Oregon can meet its delegated 
obligation to carry out a hazardous waste program equivalent to the 
federal RCRA program. EPA does not abdicate its central role in 
protection of this nation's human health and the environment when it 
delegates a program to a state. EPA continues to monitor and assess a 
delegated program and, when necessary, calls upon the Agency's own 
enforcement authorities to fulfill the goals of RCRA. This core 
commitment is central to RCRA and no delegation alters the Agency's 
firm stance on upholding its obligation to protect the environment.
    The specific concerns raised by the Technical Staff can be 
addressed one by one. The first issue is a concern that Tribal staff 
had neither initiated nor completed an independent Tribal evaluation of 
Oregon's authority compared to the federal requirements. EPA 
appreciates the difficulty in evaluating a state's application for 
revision to its authorized program. This complex task is detailed and 
resource intensive. To assist interested parties who wish to review a 
state application, EPA makes the state application available for review 
and designates staff to be available to respond to concerns. EPA 
believes that these measures, combined with publication in two of the 
largest newspapers in the state and in the Federal Register as well as 
the provision of an opportunity to comment on an authorization 
decision, are adequate. The Agency makes the decision to authorize a 
state program based on its findings that a state program is equivalent 
to the federal program, consistent on a national basis and provides 
adequate enforcement.
    The second issue raised by the Technical Staff is a concern with 
proposed incinerators on ceded lands. If hazardous waste incinerators 
are built and permitted under RCRA, Oregon will have primary 
responsibility for enforcing corrective action requirements for these 
units. EPA will continue to oversee and assess the delegated program 
and anticipates working closely with Oregon as Oregon initiates its 
authorized corrective action program. Through the Memorandum of 
Agreement (MOA) between Oregon and EPA, the integrity of the delegated 
program will be maintained. EPA will use the Agency's enforcement 
authorities where necessary to ensure that human health and the 
environment are protected. Additionally, where EPA has trust 
obligations on ceded lands, EPA will act to fulfill those obligations.
    The third issue raised is a concern that Oregon lacks a baseline 
environmental and human health monitoring system to predict, identify 
or 

[[Page 58521]]
mitigate operational or accidental impacts. This concern raises a basic 
authorization issue about the delegated program currently in Oregon. 
EPA has not identified a similar concern in Oregon's delegated program 
but appreciates the comment. Although this concern does not effect the 
immediate decision to authorize this revision to Oregon's program, EPA 
will assess this concern in light of the existing delegated program.
    The fourth issue raises a concern that the Confederated Tribes have 
interests, such as Natural Resource Trustee authority under CERCLA and 
Local Reuse of disposal of excess federal property land issues, that 
are directly impacted by the increased permitting authority available 
to Oregon upon authorization for this program revision. EPA and Oregon 
will work closely as Oregon undertakes this new delegation of authority 
in its hazardous waste program. In its evaluation of Oregon's revision 
to its delegated program, EPA has no reason to believe that these 
Tribal interests will not be addressed.
    The final issue raises a concern related to emergency preparedness 
should proposed hazardous waste incinerators be sited as proposed on 
ceded lands near the Umatilla Reservation. EPA believes that emergency 
preparedness and planning is very important at all hazardous waste 
management sites. All appropriate parties should be included as part of 
the emergency planning coordination process. EPA will encourage Oregon 
to include all such appropriate parties in this process.
    After consideration of these issues, EPA affirms its Immediate 
Final Decision to grant final authorization for Oregon's hazardous 
waste program revision.

C. Decision

    I conclude that the immediate final decision, as noticed in the 
Federal Register Vol. 60, No. 195, on October 10, 1995, will take 
effect on December 7, 1995 as described. Accordingly, Oregon is granted 
final authorization to operate its hazardous waste program, as revised.

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. 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 Section 
2002(a), 3006 and 7004(b) of the solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: November 14, 1995.
Chuck Clarke,
Regional Administrator.
[FR Doc. 95-29036 Filed 11-27-95; 8:45 am]
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