[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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