[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7736-7737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3718]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5423-2]


Washington; 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 Washington 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 Washington's application and has made a 
decision, subject to public review and comment, that Washington's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
approve Washington's hazardous waste program revisions. Washington's 
application for program revision is available for public review and 
comment.

DATES: Final authorization for the State of Washington shall be 
effective April 29, 1996, unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on the State 
of Washington's program revision application must be received by the 
close of business April 1, 1996.

ADDRESSES: Copies of the State of Washington's program revision 
application are available during normal business hours at the following 
addresses for inspection and copying: U.S. Environmental Protection 
Agency, Region 10, Library, 1200 Sixth Avenue, Seattle WA 98101, 
contact: (206) 553-1259; Washington Department of Ecology, 300 Desmond 
Drive, Lacey WA 98503, contact: Patricia Hervieux, (360) 407-6756; 
Washington Department of Ecology, Eastern Region, N. 4601 Monroe, Suite 
100, Spokane WA 99205, contact: Jim Malm, (509) 456-2725. Written 
comments should be sent to Patricia Springer, U. S. Environmental 
Protection Agency, Region 10, HW-105, 1200 Sixth Avenue, Seattle WA 
98101, Phone (206) 553-2858.

FOR FURTHER INFORMATION CONTACT: Patricia Springer, U. S. Environmental 
Protection Agency, Region 10, HW-105, 1200 Sixth Avenue, Seattle WA 
98101, Phone (206) 553-2858.

SUPPLEMENTARY INFORMATION:

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 124, 260-
266, 268, 270 and 279.

State of Washington

    The State of Washington initially received final authorization on 
January 31, 1986. Washington also received authorization for revisions 
to its program on November 23, 1987 (52 FR 35556, 9/22/87), October 16, 
1990 (55 FR 33695, 8/17/90), and November 4, 1994 (59 FR 55322, 11/4/
94). On November 9, 1995, Washington submitted a program revision 
application for additional program approvals. Today, Washington is 
seeking approval of its program revision in accordance with 40 CFR 
271.21(b)(3). 

[[Page 7737]]

    EPA has reviewed Washington's application, and has made an 
immediate final decision that the State'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 Washington's 
hazardous waste program. The public may submit written comments on 
EPA's immediate final decision up until (insert date at least 30 
calendar days after date of publication in Federal Register). Copies of 
the State of Washington's application for program revision are 
available for inspection and copying at the locations indicated in the 
Addresses section of this notice.
    Approval of the State of Washington'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.
    The State of Washington has requested authorization for the 
following federal rules:

Non-HSWA Rules:
    Hazardous Waste Storage and Treatment Tank Systems, 51 FR 25422, 7/
14/86 (CL 28);
    Listing of Commercial Chemical Products and Appendix VIII 
Constituents--Correction, 51 FR 28296, 8/6/86 (CL 29);
    Revised Manual SW-846, 52 FR 8072, 3/16/87 (CL 35);
    Hazardous Waste Tank Systems--Correction, 51 FR 29430, 8/15/86 (CL 
28);
    Closure/Post-Closure Care for Interim Status Surface Impoundments, 
52 FR 8704, 3/19/87 (CL 36);
    Definition of Solid Waste--Technical Correction, 52 FR 21306, 6/5/
87 (CL 37);
    HW Constituents for Ground Water Monitoring (Phase I), 52 FR 25942, 
7/9/87 (CL 40);
    Listing of Hazardous Waste--Container/Inner Liner Correction, 52 FR 
26012, 7/10/87 (CL 41);
    Liability Requirements for HW Facilities--Corporate Guarantee, 52 
FR 44314, 11/18/87 (CL 43);
    Miscellaneous Units, 52 FR 46946, 12/10/87 (CL 45);
    Technical Correction--Listing of Hazardous Waste, 53 FR 13382, 4/
22/88 (CL 46);
    Treatability Studies Sample Exemption, 53 FR 27290, 7/19/88 (CL 
49);
    Storage and Treatment Tank Systems, 53 FR 34079, 9/2/88 (CL 52);
    Listing of Primary Metal Smelter Wastes--Spent Pot Liner, 53 FR 
35412, 9/13/88 (CL 53);
    Permit Modifications for HW Management Facilities, 53 FR 37912, 9/
28/88 and 53 FR 41649, 10/24/88 (CL 54);
    Statistical Methods for Evaluating Ground Water Monitoring Data, 53 
FR 39720, 10/11/88 (CL 55);
    Hazardous Waste Miscellaneous Units, 54 FR 615, 1/9/89 (CL 59);
    Incinerator Permits, 54 FR 4286, 1/30/89 (CL 60);
    Changes to Interim Status Facilities & Modifications to HW 
Management Permits; Procedures for Post-Closure Permitting, 54 FR 9596, 
3/7/89 (CL 61).
HSWA Rules:
    Dioxin Waste Listings, 50 FR 1978, 1/14/85 (CL 14);
    Paint Filter Test, 50 FR 18370, 4/30/85 (CL 16);
    Research and Development Permits, 50 FR 28702, 7/15/85 (CL 17Q);
    Used Oil and HW Burned as Fuels, 50 FR 49164, 11/29/85 and 52 FR 
11819, 4/13/87 (CL 19);
    Small Quantity Generator Requirements, 51 FR 10146, 3/24/86 (CL 
23);
    Codification Rule, Technical Correction, 51 FR 19176, 5/28/86 (CL 
25);
    Listing of EBDC, 51 FR 37725, 10/24/86 (CL 33);
    Toxicity Characteristic Revisions, 55 FR 11798, 3/29/90 and 55 FR 
26986, 6/29/90 (CL 74).

The CL numbers reference regulation-specific checklists in the 
application which identify the specific federal regulation citation and 
the state regulation analog.
    Some portions of Washington's revised program are broader in scope 
than the federal program, and thus are not federally enforceable. This 
action does not authorize the identified broader in scope provisions. 
Some portions of Washington's revised program are more stringent than 
the federal program. This action makes these more stringent provisions 
a part of the federally authorized RCRA program. Both the broader in 
scope and more stringent provisions are identified in the Checklists 
and discussed in the Attorney General's Statement accompanying the 
application.

Indian Lands

    Washington is not seeking authorization to operate on Indian lands.

Decision

    I conclude that the State of Washington's program revision 
application meets all of the statutory and regulatory requirements 
established by RCRA. Accordingly, Washington is granted final 
authorization to operate its hazardous waste program as revised. 
Washington 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. The State of Washington also 
has primary enforcement responsibilities, although EPA retains the 
right to conduct inspections under Section 3007 of RCRA, 42 U.S.C. 
6927, and to take enforcement actions under Sections 3008, 3013 and 
7003 of RCRA, 42 U.S.C. 6928, 6934, and 6973.

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 
the State of Washington'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.

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` February 8, 1996.
Chuck Clarke,
Regional Administrator.
[FR Doc. 96-3718 Filed 2-28-96; 8:45 am]
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