[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55142-55153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6449-8]


Washington: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Washington has applied to EPA for Final authorization of 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization with one 
exception discussed later in this rulemaking. Unless adverse written 
comments are received during the review and comment period provided in 
this immediate final rule, EPA's decision is to authorize the State's 
changes through this final action.

DATES: This Final authorization for Washington shall be effective 
January 11, 2000 if EPA receives no adverse comment on this document by 
November 12, 1999. Should EPA receive adverse comments, EPA will 
withdraw this rule before the effective date by publishing a timely 
withdrawal in the Federal Register.

ADDRESSES: Send written comments to Nina Kocourek, U.S. EPA, Region 10, 
WCM-122, 1200 Sixth Avenue, Seattle, WA 98101, phone number: (206) 553-
6502. You can view and copy Washington's application during normal 
business hours at the following addresses: U.S. EPA, Region 10, 
Library, 1200 Sixth Avenue, Seattle, WA 98101, contact at (206) 553-
1259; and the Washington Department of Ecology, 300 Desmond Drive, 
Lacey, WA 98503, contact Patricia Hervieux, (360) 407-6756.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, EPA Region 10, WCM-122, 
1200 Sixth Avenue, Seattle, WA 98101, phone number: (206) 553-6502.


[[Page 55143]]


SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) Parts 124, 
260 through 266, 268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Washington's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Washington Final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application with the exception of the State's 
designation of characteristic antifreeze as a state-only waste. 
Washington has responsibility for permitting Treatment, Storage, and 
Disposal Facilities (TSDFs) within its borders and on the non-trust 
lands within the 1873 Survey Area of the Puyallup Reservation as 
defined in the settlement agreement between the Puyallup Tribe, 
Federal, State and local governments dated August 27, 1988. EPA retains 
jurisdiction and authority to implement RCRA over trust lands and over 
Indians and Indian activities within the 1873 Survey Area. The 
authorized program is responsible for carrying out the aspects of the 
RCRA program described in its revised program application, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA) and the limitation of this authorization with respect to the 
State's designation of characteristic antifreeze as a state-only waste. 
New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Washington, including issuing permits, until the State 
is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this authorization decision is that a facility in 
Washington subject to RCRA will now have to comply with the authorized 
State requirements and with the federal HSWA provisions for which the 
State is not authorized in order to comply with RCRA. Washington has 
enforcement responsibilities under its State hazardous waste program 
for violations of its currently authorized program, but EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
     Do inspections and require monitoring, tests, analyses, or 
reports.
     Enforce RCRA requirements and suspend or revoke permits.
     Take enforcement actions regardless of whether the State 
has taken its own actions.
     Take an action where a situation may present an imminent 
and substantial endangerment to health or the environment.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Washington is 
requesting authorization are already effective, and are not changed by 
this approval. Therefore, if the EPA does not receive adverse written 
comment on Washington's application for program revision by the end of 
the comment period, the authorization of Washington's revision shall 
become effective on January 11, 2000 and EPA will take no further 
action on the companion document appearing in the Proposed Rules 
section of today's Federal Register.

D. What Happens If EPA Receives Comments That Oppose This Action?

    If the Agency does receive adverse written comment, it will publish 
a notice withdrawing this immediate final rule before its effective 
date. EPA then will address the comment(s) in a later final rule based 
on the companion document appearing in the Proposed Rules section of 
today's Federal Register. If we receive comments that oppose only the 
authorization of a particular change to the State hazardous waste 
program, we will withdraw that part of today's authorization rule. 
However, the authorization of the program changes that are not opposed 
by any comments will become effective on the date specified. The 
Federal Register withdrawal document will specify which part of the 
authorization will become effective and which part is being withdrawn. 
Any parties interested in commenting should do so in accordance with 
the time frame provided in today's Federal Register. We will address 
all public comments in a later Federal Register. You will not have 
another opportunity to comment. If you want to comment on this action, 
you must do so at this time.

E. What Has Washington Previously Been Authorized For?

    Washington initially received Final authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3782) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on September 22, 1987 effective on November 
23, 1987 (52 FR 35556); August 17, 1990 effective October 16, 1990 (55 
FR 33695); November 4, 1994 effective November 4, 1994 (59 FR 55322); 
February 29, 1996 effective on April 29, 1996 (41 FR 7736); and 
September 22, 1998 effective on October 22, 1998 (63 FR 50531).

F. What Changes Are We Authorizing With Today's Action?

    On July 27, 1999, we received submittal of an official program 
revision application seeking authorization of their changes in 
accordance with 40 CFR 271.21. On August 12, 1999, we determined 
Washington's official program revision application to be complete. We 
are now making a Final decision, subject to receipt of written comments 
that oppose this action, that Washington's hazardous waste program 
revision, with the exception of the State's designation of 
characteristic antifreeze as a state-only waste, satisfies all of the 
requirements necessary to qualify for Final authorization. The 
following table indicates those federal rules and the analogous 
Washington state authorities that are receiving final authorization. 
All of these analogous state authorities were legally adopted and were 
effective as of February 11, 1998.

----------------------------------------------------------------------------------------------------------------
                                                                          Analogous State Authority (WAC 173-303-
       Checklist           Federal requirements      Federal Register                     . . .)
----------------------------------------------------------------------------------------------------------------
17H....................  Double Liners..........  50 FR 28702, 07/15/85.  650:(2)(a); (2)(i); (k); (l); (m);
                                                                           (c)(f), 665:(2)(a); (2)(h); (2)(i);
                                                                           (2)(k); (2)(l); (c)-(f), 400:(3)(a).

[[Page 55144]]

 
17F....................  Liquids in Landfills I.  50 FR 28702, 07/15/85.  140:(4)(b); (4)(b)(i); (4)(b)(iv);
                                                                           (4)(b)(iv)(A); (4)(b)(iv)(B),
                                                                           400:(3)(a).
17I....................  Ground-Water Monitoring  50 FR 28702, 07/15/85.  645:(1)(b), 650:(3); (4)(b)(iii);
                                                                           (6)(b)(ii), 660:(5)(b)(ii),
                                                                           665:(4)(b)(ii); (6)(b)(ii).
17N....................  Permit Life............  50 FR 28702, 07/15/85.  830:(3)(a)(v), 806:(11)(d).
21.....................  Listing of EDB wastes..  51 FR 5327, 02/13/86..  9904, 110:(3)(f), 082:(4).
22.....................  Listings of Four Spent   51 FR 6537, 02/25/86..  9903, 9904, 110:(3)(f); 082:(4), 9905.
                          Solvents.
31.....................  Exports of Hazardous     51 FR 28664, 08/08/86.  070:(8)(b)(iii), 230:(1); (2); (3)(b),
                          Waste*.                                          120:(2)(a)(i), 220:(1)(a),
                                                                           600:(3)(f), 160:(2)(b), 180:(1),
                                                                           240:(3)(a), 250:(9)(c).
32.....................  Standards for            51 FR 35190, 10/01/86.  180:(1).
                          Generators-Waste
                          Minimization
                          Certification.
42.....................  Exception Reporting for  52 FR 35894, 09/23/87.  220: (2)(a); (2)(b) & (c), 210 & 220.
                          Small 52 Quantity
                          Generators of
                          Hazardous Waste*.
44C....................  Corrective Action for    52 FR 45788, 12/01/87.  (WAC 173-216-050): 400:(2)(c)(ii),
                          Injection Wells*.                                802:(3).
44D....................  Permit Modification....  52 FR 45788, 12/01/87.  830:(3)(a)(iii).
44E....................  Permit as a Shield       52 FR 45788, 12/01/87.  810:(8).
                          Provision.
44F....................  Permit Conditions to     52 FR 45788, 12/01/87.  800:(11).
                          Protect Human Health
                          and the Environment.
44G....................  Post-Closure Permits...  52 FR 45788, 12/01/87.  802:(2), 806:(4)(a)(xiii), 800:(9);
                                                                           (9)(a); (9)(b); (9)(b)(i);
                                                                           (9)(b)(ii); (10)(a); (10)(b);
                                                                           (10)(c).
47.....................  Identification and       53 FR 27162, 07/19/88.  070:(8)(a)(ii) & (iii).
                          Listing of Hazardous
                          Waste; Technical
                          Correction.
56.....................  Identification and       53 FR 43878, 10/31/88.  9903, 9905.
                          Listing of Hazardous
                          Waste; Removal of Iron
                          Dextran from the List
                          of Hazardous Wastes.
57.....................  Identification and       53 FR 43881, 10/31/88.  9903, 9905.
                          Listing of Hazardous
                          Waste; Removal of
                          Strontium Sulfide from
                          the List of Hazardous
                          Waste.
64.....................  Delay of Closure Period  54 FR 33376, 08/14/89.  300:(2); (4)(a); (5)(a),
                          for Hazardous Waste                              610:(3)(c)(ii)(A); (3)(c)(ii)(B);
                          Management Facilities*.                          (4)(a); (4)(a)(ii)(A); (4)(b);
                                                                           (4)(b)(ii)(A); (4)(c); (4)(d);
                                                                           (4)(d)(i); (4)(d)(i)(A);
                                                                           (4)(d)(i)(B); (4)(d)(i)(C);
                                                                           (4)(d)(i)(D); (4)(d)(i)(E);
                                                                           (4)(d)(ii); (4)(d)(iii); (4)(d)(iv);
                                                                           (4)(e); (4)(e)(i); (4)(e)(i)(A);
                                                                           (4)(e)(i)(B); (4)(e)(ii);
                                                                           (4)(e)(iii); (4)(e)(iv);
                                                                           (4)(e)(iv)(A); (4)(e)(iv)(B);
                                                                           (4)(e)(iv)(C); (4)(e)(v); (4)(e)(vi);
                                                                           (4)(e)(vii); (4)(e)(vii)(A);
                                                                           (4)(e)(vii)(B); (4)(e)(vii)(C);
                                                                           (4)(e)(vii)(D); (4)(e)(vii)(E),
                                                                           620:(3)(a)(iii); (3)(a)(iv),
                                                                           300:(2);(4)(a); (5)(a), 400:(3)(a),
                                                                           830:Appendix 1 D.(1)(f).
67.....................  Testing and Monitoring   54 FR 40260, 09/29/89.  110:(3)(a); (3)(f).
                          Activities.
68.....................  Reportable Quantity      54 FR 41402, 10/06/89.  9904, 110:(3)(f), 082:(4).
                          Adjustment Methyl
                          Bromide Production
                          Waste.
69.....................  Reportable Quantity      54 FR 50968, 12/11/89.  9904, 082:(4), 9905.
                          Adjustment.
72.....................  Modification of F019     55 FR 5340, 02/14/90..  9904.
                          Listing.
73.....................  Testing and Monitoring   55 FR 8948, 03/09/90..  110:(3)(a), 110:(3)(f).
                          Activities; Technical
                          Corrections.
75.....................  Listing of 1,1-          55 FR 18496, 05/02/90.  9904, 110:(3)(f), 082:(4).
                          Dimethylhydrazine
                          Production Wastes.
77.....................  HSWA Codification Rule;  55 FR 19262, 05/09/90.  650:(2)(j), 665:(2)(h).
                          Double Liners;
                          Correction.
79.....................  Hazardous Waste          55 FR 25454, 06/21/90.  110:(3)(g), 120:(4)(c); (4)(d);
                          Treatment, Storage,                              (4)(e), 300:(5)(f); 320:(2)(c),
                          and Disposal                                     380:(1)(c); (1)(f), 390:(3)(d),
                          Facilities--Organic                              690:(1)(a); (1)(b); (1)(b)(i);
                          Air Emission Standards                           (1)(b)(ii); (1)(b)(iii); (2),
                          for Process Vents and                            691:(1)(a); (1)(b); (b)(i);
                          Equipment Leaks.                                 (1)(b)(ii); (1)(c); (1)(d);
                                                                           (1)(e);(2); 300:(5)(f), 320:(2)(c),
                                                                           380:(1)(c); (1)(f), 390:(3)(d),
                                                                           400:(3)(a), 806:(4)(a)(v);
                                                                           (4)(a)(viii)(D); (4)(a)(viii)(E);
                                                                           (4)(a)(viii)(F); (4)(j); (4)(j)(i);
                                                                           (j)(ii); (4)(j)(ii)(A);
                                                                           (4)(j)(ii)(B); (4)(j)(ii)(C);
                                                                           (4)(j)(iii); (4)(j)(iv);
                                                                           (4)(j)(iv)(A); (4)(j)(iv)(B);
                                                                           (4)(j)(iv)(C); (4)(j)(iv)(D);
                                                                           (4)(j)(iv)(E); (4)(k); (4)(k)(i);
                                                                           (4)(k)(i)(A); (4)(k)(i)(B);
                                                                           (4)(k)(i)(C); (4)(k)(i)(D);
                                                                           (4)(k)(i)(E); (4)(k)(i)(F);
                                                                           (4)(k)(ii); (4)(k)(iii); (4)(k)(iv);
                                                                           (4)(k)(v); (4)(k)(v)(A);
                                                                           (4)(k)(v)(B); (4)(k)(v)(C);
                                                                           (4)(k)(v)(D); (4)(k)(v)(E).

[[Page 55145]]

 
81.....................  Petroleum Refinery       55 FR 46354, 11/02/90;  9904, 9904; ftnote: 2; 2(a); 2(b)(i);
                          Primary and Secondary    as amended on 12/17/    2(b)(i)(i); 2(b)(i)(ii);
                          Oil/Water/Solids         90 at 55 FR 51707.      2(b)(i)(iii); 2(b)(ii); 2(b)(ii)(i);
                          Separation Sludge                                2(b)(ii)(ii); 2(c)(i); 2(c)(ii);
                          Listings (F037 & F038).                          2(c)(ii)(A); 2(c)(ii)(B), 082:(4).
84.....................  Toxicity                 56 FR 5910, 02/13/91..  506: (2)(3).
                          Characteristic;
                          Chlorofluoro-carbon
                          Refrigerants*.
86.....................  Removal of Strontium     56 FR 7567, 02/25/91..  9903, 9904.
                          Sulfide From the List
                          of Hazardous Wastes;
                          Technical Amendment.
87.....................  Organic Air Emission     56 FR 19290, 04/26/91.  690: (1)(a); (1)(b); (2), 691:(2),
                          Standards for Process                            300:(5)(f), 380:(1)(c), 400:(3)(a),
                          Vents and Equipment                              806:(4)(j)(iv)(B); (4)(k)(v)(B).
                          Leaks; Technical
                          Amendment.
89.....................  Revision to the          56 FR 21955, 05/13/91.  9904.
                          Petroleum Refining
                          Primary and Secondary
                          Oil/Water/Solids
                          Separation Sludge
                          Listings (F037 and
                          F038).
97.....................  Exports of Hazardous     56 FR 43704, 09/04/91.  230:(1).
                          Waste; Technical
                          Correction.
99.....................  Amendments to Interim    56 FR 66365, 12/23/91.  040, 400:(3)(a).
                          Status Standards for
                          Downgradient Ground-
                          Water Monitoring Well
                          Locations.
100....................  Liners and Leak          57 FR 3462, 01/29/92..  040, 320:(2)(c), 335:(1); (1)(a);
                          Detection Systems for                            (1)(b); (1)(b)(i); (1)(b)(ii);
                          Hazardous Waste Land                             (1)(b)(iii); (1)(b)(iv); (1)(b)(v);
                          Disposal Units.                                  (1)(b)(vi); (2); (2)(a); (2)(b);
                                                                           (2)(c); (3); (3)(a); (3)(a)(i);
                                                                           (3)(a)(ii); (3)(a)(iii); (3)(b); (4),
                                                                           380:(1)(f), 650:(2)(j); (2)(j)(i);
                                                                           (2)(j)(i)(A); (2)(j)(i)(B);
                                                                           (2)(j)(ii); (2)(j)(iii);
                                                                           (2)(j)(iii)(A); (2)(j)(iii)(B);
                                                                           (2)(j)(iii)(C); (2)(j)(iii)(D);
                                                                           (2)(j)(iii)(E); (2)(j)(iv);
                                                                           (2)(j)(v); (2)(k); (2)(k)(i);
                                                                           (2)(k)(ii); (2)(m); (2)(m)(i);
                                                                           (2)(m)(ii); (2)(f); (g) (h); (i);
                                                                           (10)(a); (10)(b); (11)(a); (11)(b);
                                                                           (11)(b)(i); (11)(b)(ii);
                                                                           (11)(b)(iii); (11)(b)(iv);
                                                                           (11)(b)(v); (11)(b)(vi); (11)(c);
                                                                           (11)(c)(i); (11)(c)(ii);
                                                                           (11)(c)(iii); (11)(c)(iv); (4)(d)(i);
                                                                           (4)(d)(ii); (4)(d)(iii); (6)(b)(ii);
                                                                           (6)(b)(iii); (6)(b)(iv), 660:(2)(j);
                                                                           (2)(j)(i); (2)(j)(i)(A);
                                                                           (2)(j)(i)(B); (2)(j)(i)(C);
                                                                           (2)(j)(ii); (2)(j)(iii);
                                                                           (2)(j)(iii)(A); (2)(j)(iii)(B);
                                                                           (2)(j)(iii)(C); (2)(j)(iii)(D);
                                                                           (2)(j)(iii)(E); (2)(j)(iv);
                                                                           (2)(j)(v); (2)(k); (2)(k)(i);
                                                                           (2)(k)(ii); (2)(l); (2)(m);
                                                                           (2)(m)(i); (2)(m)(ii); (2)(d)(e);
                                                                           (f); (g); (h) & (i); (3)(a); (4)(a);
                                                                           (4)(b); (4)(b)(i); (4)(b)(ii);
                                                                           (4)(b)(iii); (4)(b)(iv); (4)(b)(v);
                                                                           (4)(b)(vi); (4)(c); (4)(c)(i)(A);
                                                                           (4)(c)(i)(B); (4)(c)(i)(C);
                                                                           (4)(c)(ii); (5)(c), 665:(h);
                                                                           (2)(h)(i); (2)(h)(i)(A);
                                                                           (2)(h)(i)(B); (2)(h)(i)(C);
                                                                           (2)(h)(ii); (2)(h)(iii);
                                                                           (2)(h)(iii)(A); (2)(h)(iii)(B);
                                                                           (2)(h)(iii)(C); (2)(h)(iii)(D);
                                                                           (2)(h)(iii)(E); (2)(h)(iv);
                                                                           (2)(h)(v); (j); (j)(i); (j)(ii);
                                                                           (2)(l); (2)(l)(i); (2)(l)(ii); (2)(c)-
                                                                           (g); (8)(a); (8)(b); (4)(c)(i);
                                                                           (4)(c)(ii); (4)(c)(iii); (9)(a);
                                                                           (9)(b); (9)(b)(i); (9)(b)(ii);
                                                                           (9)(b)(iii); (9)(b)(iv); (9)(b)(v);
                                                                           (9)(b)(vi); (9)(c); (9)(c)(i);
                                                                           (9)(c)(ii); (9)(c)(iii); (9)(c)(iv);
                                                                           (6)(b)(ii); (6)(b)(iv)-(vi),
                                                                           320:(2)(c), 400:(3)(a), 380:(1)(f),
                                                                           810:(8)(a); (8)(a)(i); (8)(a)(ii);
                                                                           (8)(a)(iii), 806:(4)(d)(ii);
                                                                           (4)(d)(ii)(D); (4)(d)(ii)(E);
                                                                           (4)(d)(ii)(F); (4)(d)(ii)(G);
                                                                           (4)(d)(ii)(B) & (C); (d)(iv);
                                                                           (4)(e)(iii); (4)(e)(iii)(A)(I);
                                                                           (4)(e)(iii)(A)(II);
                                                                           (4)(e)(iii)(A)(III);
                                                                           (4)(e)(iii)(A)(IV);
                                                                           (4)(e)(iii)(A)(V); (4)(e)(v);
                                                                           (4)(h)(ii); (4)(h)(ii)(A)(I);
                                                                           (4)(h)(ii)(A)(II);
                                                                           (4)(h)(ii)(A)(III);
                                                                           (4)(h)(ii)(A)(IV); (4)(h)(ii)(A)(V);
                                                                           (4)(h)(iv), 830 appendix 1.
113....................  Consolidated Liability   53 FR 33938, 09/01/88;  620: (2)(h); (4)(b); (6)(b); (8)(a);
                          Requirements:            56 FR 30200, 07/01/     (8)(b); (8)(f); (10), 400:(3)(a).
                          Financial                91; 57 FR 42832, 09/
                          Responsibility for       16/92.
                          Third-Party Liability,
                          Closure, and Post-
                          Closure.
115....................  Chlorinated Toluenes     57 FR 47376, 10/15/92.  9904, 082:(4).
                          Production Waste
                          Listing.
118....................  Liquids in Landfills II  57 FR 54452, 11/18/92.  040, 300:(6)(c), 140:(4)(b)(i);
                                                                           (4)(b)(ii)(A)(II); (4)(b)(iv);
                                                                           (4)(b)(iv)(A); (4)(b)(iv)(A)(I);
                                                                           (4)(b)(iv)(A)(II);
                                                                           (4)(b)(iv)(A)(III); (4)(b)(iv)(B);
                                                                           (4)(b)(iv)(B)(I); (4)(b)(iv)(B)(II);
                                                                           (4)(b)(v); (4)(b)(v)(A);
                                                                           (4)(b)(v)(B), 161:(2); (3),
                                                                           400:(3)(a).

[[Page 55146]]

 
119....................  Toxicity Characteristic  57 FR 55114, 11/24/92;  110:(3)(f).
                          Revision; TCLP           as amended on 02/02/
                          Correction.              93 at 58 FR 6854.
137....................  Universal Treatment      59 FR 47982, 09/19/94;  017:(5)(a); (5)(a)(ii); (5)(b)(i);
                          Standards and            as amended at 60 FR     (5)(b)(ii); (6); (7); (7)(a); (7)(b);
                          Treatment Standards      242, 01/03/95.          (2)(iii), 600:(3)(n), 400:(2)(c)(ix),
                          for Organic Toxicity                             505:(2)(c), 140:(2)(a).
                          Characteristics Wastes
                          and Newly Listed Waste
                          (HSWA/Non-HSWA).
14.....................  Dioxin Waste Listing     50 FR1978, 01/14/85...  070:(8)(a); (7)(a), 081:(2)(a)(iv) &
                          and Management                                   082:(2)(b), 160:(2)(a); (2)(b)&(c),
                          Standards*.                                      082:(2)(a); 9904, 9903, 110:(3)(c);
                                                                           082:(5); 9905, 110:(3)(d);
                                                                           630:(7)(c), 650:(9)(a); (9)(b),
                                                                           660:(10)(a); (10)(b), 655:(12)(a);
                                                                           (12)(b), 140:(2)(a), 600:(6) &
                                                                           665:(1); 670:(4)(a)(i), 400:(3)(a),
                                                                           806:(4)(a)(vii); (4)(c)(vii);
                                                                           (4)(d)(x); (4)(e)(x); (4)(g)(viii);
                                                                           (4)(h)(vii).
60.....................  Amendment to             54 FR 4286, 01/30/89..  807:(10).
                          Requirements for
                          Hazardous Waste
                          Incinerator Permits.
49 & 129 (Consolidated   Identification and       53 FR 27290, 07/29/88;  040, 071:(3)(r)(i); (3)(r)(i)(A);
 Checklist).              Listing of Hazardous     59 FR 8362, 02/18/94.   (3)(r)(i)(B); (3)(r)(i)(C);
                          Waste; Treatability                              (3)(r)(ii); (3)(r)(ii)(A);
                          Studies Sample                                   (3)(r)(ii)(B); (3)(r)(ii)(C);
                          Exemption* as of 06/30/                          (3)(r)(ii)(C)(I); (3)(r)(ii)(C)(II);
                          94.                                              (3)(r)(ii)(D); (3)(r)(ii)(E);
                                                                           (3)(r)(ii)(E)(I)-(III);
                                                                           (3)(r)(ii)(F); (3)(r)(iii);
                                                                           (3)(r)(iii); (3)(r)(iii)(A);
                                                                           (3)(r)(iii)(B); (3)(r)(iii)(C);
                                                                           (3)(r)(iii)(C)(I);
                                                                           (3)(r)(iii)(C)(II);
                                                                           (3)(r)(iii)(C)(III);
                                                                           (3)(r)(iii)(C)(IV);
                                                                           (3)(r)(iii)(C)(V); (3)(s); (3)(s)(i);
                                                                           (3)(s)(ii); (3)(s)(iii); (3)(s)(iv);
                                                                           (3)(s)(v); (3)(s)(vi); (3)(s)(vii);
                                                                           (3)(s)(vii); (A thru G);
                                                                           (3)(s)(viii); (3)(s)(ix);
                                                                           (3)(s)(ix)(A thru G); (3)(s)(x);
                                                                           (3)(r)(i)(D); (3)(s)(xi).
82, 91, 92, 101, & 120   Wood Preserving          55 FR 50450, 12/06/90;  040, 071:(3)(w)(i); (3)(w)(ii), 9904,
 (Consolidated            Listing* as of 06/30/    56 FR 27332, 06/13/     083:(1); (2); (2)(a); (2)(a)(i);
 checklist).              94.                      91; 56 FR 30192, 07/    (2)(a)(ii); (2)(a)(iii); (2)(b);
                                                   01/91; 57 FR 5859, 02/  (2)(b)(i); (2)(b)(i)(A);
                                                   18/92; 57 FR 61492,     (2)(b)(i)(B); (2)(b)(i)(C);
                                                   12/24/92.               (2)(b)(i)(D); (2)(b)(i)(E);
                                                                           (2)(b)(ii); (2)(b)(ii)(A);
                                                                           (2)(b)(ii)(B); (2)(b)(iii);
                                                                           (2)(b)(iii)(A); (2)(B)(iii)(B);
                                                                           (2)(b)(iv); (2)(c); (2)(c)(i);
                                                                           (2)(c)(i)(A); (2)(c)(i)(B);
                                                                           (2)(c)(i)(C); (2)(c)(ii); (2)(d);
                                                                           (3); (3)(a); (3)(b); (3)(c); (3)(d);
                                                                           (3)(e); (3)(f); (3)(g); (3)(h);
                                                                           (3)(i); (3)(j); (3)(k); (3)(l),
                                                                           110:(3)(f), 082:(4), 9905,
                                                                           200:(1)(b); (1)(b)(i); (1)(b)(ii);
                                                                           (1)(b)(iii); (1)(b)(iii)(A);
                                                                           (1)(b)(iii)(B); (1)(c), 640:(1);
                                                                           (1)(d), 675:(1)(a); (1)(b); (1)(c);
                                                                           (1)(c)(i); (1)(c)(ii); (1)(c)(iii);
                                                                           (1)(c)(iv); (2)(a); (2)(b); (2)(c);
                                                                           (2)(d); (3); (3)(a); (3)(b); (4)(a);
                                                                           (4)(a)(i); (4)(a)(ii); (4)(a)(iii);
                                                                           (4)(a)(iv)(A); (4)(a)(iv)(B);
                                                                           (4)(a)(v); (4)(b); (4)(b)(i);
                                                                           (4)(b)(i)(A); (4)(b)(i)(B);
                                                                           (4)(b)(i)(C); (4)(b)(ii);
                                                                           (4)(b)(ii)(A); (4)(b)(ii)(A)(I);
                                                                           (4)(b)(ii)(A)(II); (4)(b)(ii)(B);
                                                                           (4)(b)(ii)(C); (4)(b)(iii); (4)(c);
                                                                           (4)(d); (4)(e); (4)(f); (4)(g);
                                                                           (4)(h); (4)(i); (4)(j); (4)(k);
                                                                           (4)(l); (4)(m); (4)(m)(i);
                                                                           (4)(m)(i)(A); (4)(m)(i)(B);
                                                                           (4)(m)(i)(C); (4)(m)(i)(D);
                                                                           (4)(m)(ii); (4)(m)(iii); (4)(n);
                                                                           (4)(o); (5)(a); (5)(b); (5)(b)(i);
                                                                           (5)(b)(ii); (5)(b)(iii); (6)(a);
                                                                           (6)(b); (6)(c)(i); (6)(c)(i)(A);
                                                                           (6)(c)(i)(B); (6)(c)(ii); 400:(3)(a),
                                                                           806:(4)(l); (4)(l)(i); (4)(l)(ii);
                                                                           (4)(l)(iii); (4)(l)(iii)(A);
                                                                           (4)(l)(iii)(B); (4)(l)(iii)(C);
                                                                           (4)(l)(iii)(D); (4)(l)(iii)(E);
                                                                           (4)(l)(iii)(F); (4)(l)(iii)(G);
                                                                           (4)(l)(iii)(H); (4)(l)(iii)(I);
                                                                           (4)(l)(iii)(J); (4)(l)(iii)(K);
                                                                           (4)(l)(iii)(L); (4)(l)(iii)(M);
                                                                           (4)(l)(iii)(N); (4)(l)(iii)(O);
                                                                           (4)(l)(iii)(P).

[[Page 55147]]

 
34, 39, 50, 62, 63, 66,  Land Disposal            51 FR 40572, 11/07/86;  Chapter 42.17 RCW; RCW, 43.21A.160,
 78, 83, 95, 102, 103,    Restrictions* as of 06/  52 FR 21010, 06/04/     (WAC 173-303-...) 040, 110:(3)(g);
 106, 109, 116, 123 &     30/94.                   87; 52 FR 25760, 07/    090:(5)(a)(i), 910:(1)(a); (2); (4),
 124 (Consolidated                                 08/87; 52 FR 41295,     016:(a), 071:(3)(bb)(i); (3)(bb)(ii);
 checklist).                                       10/27/87; 53 FR         (2)(a)(ii)(A); (2)(c); (2)(c)(i);
                                                   31138, 08/17/88; 54     (2)(c)(ii); (3)(x); (3)(n); (3)(l);
                                                   FR 8264, 02/27/89; 54   (3), 070:(2)(a)(ii)(A); (2)(c);
                                                   FR 18836, 05/02/89;     (8)(a) & (b); (3)(a)(iii); (1)(b);
                                                   54 FR 26594, 06/23/     (1)(b) & (7)(a) & (7)(c); (7);
                                                   89; 54 FR 36967, 09/    (8)(a); (6), 081:(2); (1)(c),
                                                   06/89; 55 FR 23935,     120:(2)(a); (4)(d), 160:(3),
                                                   06/13/90; 55 FR         090:(5)(b); (6)(b); (7)(b); (8)(b),
                                                   22520, 06/01/90; 56     9904; 082:(4), 200:(1)(b)(iii);
                                                   FR 3864, 01/31/91; 56   (1)(b)(iii)(B); (1)(b)(iv);
                                                   FR 41164, 08/19/91;     (1)(b)(iv)(A); (1)(b)(iv)(B); (1)(c);
                                                   57 FR 8086, 03/06/92;   (1)(e) & (f), 201:(2), 230:(3)(b);
                                                   57 FR 20766, 05/15/     240:(5), 600:(3)(n); (6), 300:(2);
                                                   92; 57 FR 28628, 06/    (5)(f); (5)(h); (5)(h)(i);
                                                   26/92; 57 FR 37194,     (5)(h)(ii); (5)(h)(iii);
                                                   08/18/92; 57 FR         (5)(h)(iii)(A); (5)(h)(iii)(B);
                                                   47772, 10/20/92; 58     (5)(h)(iii)(B)(I);
                                                   FR 28506, 05/14/93;     (5)(h)(iii)(B)(II), 380:(1)(c);
                                                   58 FR 29860, 05/24/93.  (1)(i); (1)(j); (1)(k); (1)(l);
                                                                           (1)(m); (1)(n); (1)(o), 610:(b);
                                                                           (1)(b); (2)(b); (3)(a); (1)(b)(i);
                                                                           (1)(b)(iv); (1)(b)(ii); (1)(b)(v);
                                                                           (3)(a), 650:(7), 660: (7), 655:(9),
                                                                           665:(10)(a); (8)(b), 161:(7), 695,
                                                                           400:(2)(c)(ix); (4); (3)(a),
                                                                           505:(1)(b), 140:(2)(a), 806:(2);
                                                                           (4)(a)(ii); (4)(a)(xviii)(M); (3),
                                                                           800:(8), 830:(4)(e)(iii)(B), 830
                                                                           Appendix 1:B.1.b.; B.1.c.; B.1.d.;
                                                                           1.6.; M, 805:(7)(b)(vi); (7)(b).
17C....................  Household Waste........  50 FR 28702, 07/15/85.  071:(3)(c).
17E....................  Location Standards for   50 FR 28702, 07/15/85.  280:(5).
                          Salt Domes, Salt Beds,
                          Underground Mines and
                          Caves.
17G....................  Dust Suppression*......  50 FR 28702, 07/15/85.  505:(2)(c); (2)(d).
17M....................  Pre-construction Ban*..  50 FR 28072, 07/15/85.  806:(5).
17O....................  Omnibus Provision......  50 FR 28702, 07/15/85.  810:(19).
58.....................  Standards for            53 FR 45089, 11/08/88.  180:(1).
                          Generators of
                          Hazardous Waste;
                          Manifest Renewal.
70 (Changes to Part 124  Environmental Permit     48 FR 14146, 04/01/83;  806:(2), 840:(1); (10)(a); (10)(b) &
 Not Accounted for by     Regulations; RCRA        48 FR 30113, 06/30/     (d); (10)(e); (2)(d)(i) & (ii);
 Present Checklist).      Hazardous Waste; SDWA    83; 53 FR 28118, 07/    (2)(d)(iii); (3)(e)(i)(C);
                          Underground Injection    26/88; 53 FR 37396,     (3)(e)(i)(D); (3)(e)(i)(E); (5)(a).
                          Control; CWA National    09/26/88; 54 FR 246,
                          Pollutant Discharge      01/04/89.
                          Elimination System;
                          CWA Section 404 Dredge
                          or Fill Programs; and
                          CAA Prevention of
                          Significant
                          Deterioration (See
                          Revision Checklist 70
                          in Non-Hwsa Cluster
                          VI) Hazardous Waste
                          Management System;
                          Permit Program;
                          Requirements for
                          Authorization of State
                          Programs; Procedures
                          for Decision making;
                          Identification and
                          Listing of Hazardous
                          Waste; Standards for
                          Owners and Operators
                          of Hazardous Waste
                          Storage, Treatment,
                          and Disposal
                          Facilities;
                          Correction, Safe
                          Drinking Water Act;
                          National Drinking
                          Water Regulations;
                          Indian Lands, National
                          Pollutant Discharge
                          Elimination System
                          Permit Regulations.
71.....................  Mining Waste Exclusion   55 FR 2322, 01/23/90..  040, 180:(3)(f).
                          II**.
110....................  Coke By-Products         57 FR 37284, 08/18/92.  071:(3)(cc), 9904, 082:(4).
                          Listings.
126....................  Testing and Monitoring   58 FR 46040, 08/31/93;  110:(3)(a); (3)(h)(iii); (3)(f); (1),
                          Activities*.             as amended 09/19/94     910:(4)(a), 090:(6)(a)(i);
                                                   at 59 FR 47980.         (6)(a)(ii); (8)(a), 640:(1)(b),
                                                                           140:(4)(b)(iii); (2)(a), 400:(3)(a),
                                                                           806:(4)(f)(iii)(A)(III);
                                                                           (4)(f)(iii)(A)(IV), 807:(2)(a)(iii);
                                                                           (2)(a)(iv).
128....................  Wastes From the Use of   59 FR 458, 01/04/94...  110:(3)(a), 9905.
                          Chlorophenolic
                          Formulations in Wood
                          Surface Protection.
131....................  Record keeping           59 FR 13891, 03/24/94.  380:(2)(c) Table 1; (2)(d) Table 2.
                          Instructions;
                          Technical Amendment.
133....................  Letter of Credit         59 FR 29958, 06/10/94.  620:(10).
                          Revision.
134....................  Correction of Beryllium  59 FR 31551, 06/20/94.  9903, 9905, 140:(2)(a).
                          Powder (P015) Listing.

[[Page 55148]]

 
135....................  Recovered Oil Exclusion  59 FR 38536, 07/28/94.  071:(3)(p); (3)(cc), 120:(2)(a)(v);
                                                                           (2)(a)(vi), (2)(a)(viii); (2)(a)(ix).
136....................  Removal of the           59 FR 43496, 08/24/94.  505:(1)(b)(ii), 140:(2)(a).
                          Conditional Exemption
                          for Certain Slag
                          Residues.
139....................  Testing and Monitoring   60 FR 3089, 01/13/95..  110:(3)(a).
                          Activities Amendment I.
140....................  Carbamate Production     60 FR 7824, 02/09/95;   071:(3)(dd), 9904, 9903, 082:(4),
                          Identification and       as amended at 60 FR     9905.
                          Listing of Hazardous     19165, 04/17/95; and
                          Waste*.                  at 60 FR 25619, 05/12/
                                                   95.
141....................  Testing and Monitoring   60 FR 17001, 04/04/95.  110:(3)(a).
                          Activities Amendment
                          II.
142....................  Universal Waste Rule:..  60 FR 25492, 05/11/95.  040:intro, 070:(7)(c); (7)(c)(i);
142A...................  General Provisions*                               (7)(c)(iii); (7)(c)(iv); (7)(c)(v);
                                                                           (8)(b)(iii); (8)(b)(iii)(A)-(C) &
                                                                           (E); (8)(b)(iii)(D); (8)(b)(iii)(G);
                                                                           077 intro, 070:(1)(c); (7); (8); (b),
                                                                           600:(3)(o), 400:(2)(ix), 140:(2)(a),
                                                                           800:(7)(c)(iii), 573:(1)(a); (1)(b);
                                                                           (4)(a); (4)(a)(i); (4)(a)(ii);
                                                                           (4)(b), 040, 573:(6); (7); (7)(a);
                                                                           (7)(b); (8); (10); (11)(a); (11)(b);
                                                                           (11)(c); (11)(c)(i); (11)(c)(ii);
                                                                           (11)(c)(iii); (11)(c)(iv);
                                                                           (11)(c)(v); (11)(c)(vi); (12);
                                                                           (13)(a); (13)(b); (14)(a); (14)(b);
                                                                           (14)(c); (14)(d); (14)(e);
                                                                           (14)(e)(i); (14)(e)(ii); (14)(f);
                                                                           (14)(f)(i); (14)(f)(ii); (14)(g);
                                                                           (14)(h); (15); (16); (16)(a);
                                                                           (16)(b); (16)(c); (17); (18);
                                                                           (18)(a); (18)(b); (19)(a)(i);
                                                                           (19)(a)(ii); (19)(b); (19)(b)(i);
                                                                           (19)(b)(ii); (19)(b)(iii);
                                                                           (19)(b)(iv); (19)(b)(v); (21);
                                                                           (22)(a); (22)(b); (22)(c);
                                                                           (22)(c)(i); (22)(c)(ii);
                                                                           (22)(c)(iii); (22)(c)(iv);
                                                                           (22)(c)(v); (22)(c)(vi); (23);
                                                                           (24)(a); (24)(b); (25)(a); (25)(b);
                                                                           (25)(c); (25)(d); (25)(e);
                                                                           (25)(e)(i); (25)(e)(ii); (25)(f);
                                                                           (25)(f)(i); (25)(f)(ii); (25)(g);
                                                                           (25)(h); (26)(a); (26)(a)(i);
                                                                           (26)(a)(ii); (26)(a)(iii); (26)(b);
                                                                           (26)(b)(i); (26)(b)(ii);
                                                                           (26)(b)(iii); (26)(c)(i);
                                                                           (26)(c)(ii); (27); (27)(a); (27)(b);
                                                                           (27)(c); (28); (29); (29)(a);
                                                                           (29)(b); (30)(a); (30)(b); (31)(a);
                                                                           (31)(b); (32)(a); (32)(b); (33)(a);
                                                                           (33)(b); (34); (34)(a); (34)(b);
                                                                           (35)(a); (35)(b); (36)(a); (36)(b);
                                                                           (36)(b)(i); (36)(b)(ii); (36)(c);
                                                                           (36)(d); (37)(a); (37)(a)(i);
                                                                           (37)(a)(ii); (37)(a)(iii); (37)(b);
                                                                           (38); (38)(a); (38)(b); (38)(c).
142B...................  Specific Provisions for  60 FR 25492, 05/11/95.  040, 120:(2)(iv); (v); (vii); (viii),
                          Batteries.                                       077:(a), 600:(3)(o)(i),
                                                                           400:(2)(c)(xi)(A), 520:(intro); (1);
                                                                           (2), 140:(2)(a), 800:(7)(c)(iii)(A),
                                                                           573:(1)(a)(i); (2)(a)(i); (2)(a)(ii);
                                                                           (2)(b); (2)(b)(i); (2)(b)(ii);
                                                                           (2)(b)(iii); (2)(c)(i); (2)(c)(ii);
                                                                           (9)(a); (9)(a)(i); (9)(a)(ii);
                                                                           (9)(a)(ii)(A); (9)(a)(ii)(B);
                                                                           (9)(a)(ii)(C); (9)(a)(ii)(D);
                                                                           (9)(a)(ii)(E); (9)(a)(ii)(F);
                                                                           (9)(a)(ii)(G); (9)(a)(iii);
                                                                           (9)(a)(iii)(A); (9)(a)(iii)(B);
                                                                           (10)(a); (20)(a); (20)(a)(i);
                                                                           (20)(a)(ii); (20)(a)(ii)(A);
                                                                           (20)(a)(ii)(B); (20)(a)(ii)(C);
                                                                           (20)(a)(ii)(D); (20)(a)(ii)(E);
                                                                           (20)(a)(ii)(F); (20)(a)(ii)(G);
                                                                           (20)(a)(iii); (20)(a)(iii)(A);
                                                                           (20)(a)(iii)(B); (21)(a).
142D...................  Specific Provisions for  60 FR 25492, 05/11/95.  040, 077:(b), 600:(3)(o)(ii),
                          Thermostats.                                     400:(2)(c)(xi)(B), 140:(2)(a),
                                                                           800:(7)(c)(iii)(B), 573:(1)(a)(ii);
                                                                           (3)(a); (3)(b); (3)(b)(i);
                                                                           (3)(b)(ii); (3)(c)(i); (3)(c)(ii);
                                                                           (9)(b); (9)(b)(i); (9)(b)(ii);
                                                                           (9)(b)(ii)(A); (9)(b)(ii)(B);
                                                                           (9)(b)(ii)(C); (9)(b)(ii)(D);
                                                                           (9)(b)(ii)(E); (9)(b)(ii)(F);
                                                                           (9)(b)(ii)(G); (9)(b)(ii)(H);
                                                                           (9)(b)(iii)(A); (9)(b)(iii)(A)(I);
                                                                           (9)(b)(iii)(A)(II); (9)(b)(iii)(B);
                                                                           (9)(b)(iii)(C); (10)(b); (20)(b);
                                                                           (20)(b)(i); (20)(b)(ii);
                                                                           (20)(b)(ii)(A); (20)(b)(ii)(B);
                                                                           (20)(b)(ii)(C); (20)(b)(ii)(D);
                                                                           (20)(b)(ii)(E); (20)(b)(ii)(F);
                                                                           (20)(b)(ii)(G); (20)(b)(ii)(H);
                                                                           (20)(b)(iii)(A); (20)(b)(iii)(A)(I);
                                                                           (20)(b)(iii)(A)(II); (20)(b)(iii)(B);
                                                                           (2)(b)(iii)(C); (21)(b).
142E...................  Petition Provisions to   60 FR 25492, 05/11/95.  910:(1)(a); (7)(a); (2)(b); (7)(c);
                          Add a New Universal                              (7)(d), 573:(39)(a); (39)(b);
                          Waste.                                           (39)(c); (40)(a); (40)(b); (40)(c);
                                                                           (40)(d); (40)(e); (40)(f); (40)(g);
                                                                           (40)(h).
145....................  Liquids in Landfills     60 FR 35703, 07/11/95.  140:(4)(b)(iv)(A)(II);
                          III.                                             (4)(b)(iv)(A)(III).
150....................  Amendments to the        61 FR 13103, 03/26/96.  071:(3)(cc).
                          Definition of Solid
                          Waste; Amendment II:
                          Recovered Oil
                          Exclusion, Correction.

[[Page 55149]]

 
159....................  Conformance with the     62 FR 32974, 06/17/97.  9904, 9903, 9905, 082:(4), 140:(2)(a).
                          Carbamate Vacatur:
                          Carbamate Production,
                          Identification and
                          Listing of Hazardous
                          Waste; Land Disposal
                          Restrictions.
----------------------------------------------------------------------------------------------------------------
*Indicates State provision is more stringent.
**Indicates State provision is broader in scope.

G. Where Are the Revised State Rules Different From the Federal 
Rules?

    Certain portions of the federal program are not delegable to the 
states because of the Federal government's special role in foreign 
policy matters and because of national concerns that arise with certain 
decisions. EPA does not delegate import/export functions. Under the 
RCRA regulations found in 40 CFR Part 262 EPA will continue to 
implement requirements for import/export functions. EPA does not 
delegate sections of 40 CFR part 268 because of the national concerns 
that must be examined when decisions are made under the following 
Federal Land Disposal Restriction requirements: 40 CFR 268.5--
Procedures for case-by-case effective date extensions; 40 CFR 268.6--
``No migration'' petitions; 40 CFR 268.42(b)--applications for 
alternate treatment methods; and 40 CFR 268.44(a)-(g)--general 
treatment standard variances. Washington's state program has excluded 
these requirements from its state regulations and EPA will continue to 
implement these requirements. The Federal Land Disposal Restrictions 
governing site-specific variances, 40 CFR 268.44(h)-(m) are delegable 
to the states but the State program excluded the requirements of 40 CFR 
268.44(i)-(m) from its state regulations. EPA will continue to 
implement these requirements. The state program is authorized under 
today's rulemaking, effective on the effective date of this rule, for 
its regulation equivalent to 40 CFR 268.44(h).
    States are allowed to seek authorization for state requirements 
that are more stringent than federal requirements. EPA has authority to 
authorize and enforce those parts of a state's program EPA finds to be 
more stringent than the federal program. The following state 
regulations are more stringent than the federal provisions and are part 
of the State's authorized program:
    Exports of Hazardous Waste (51 FR 28664, 8/8/86, Checklist 31): The 
State regulation WAC 173-303-220(1)(a), as applicable to U.S. shipments 
and U.S. sites, is more stringent than the federal requirements found 
at 40 CFR 262.41(a) because, as to those U.S. shipments and U.S. sites, 
the State program requires annual reporting whereas the federal rule 
requires biennial reporting.
    Exception Reporting for Small Quantity Generators of Hazardous 
Waste (52 FR 35894, 9/23/87, Checklist 42): The State regulations WAC 
173-303-210, 220 and 220(2)(a) are more stringent for exception 
reporting for generators of 100 to 1,000 kg/month because the state 
regulations require such generators to follow the same requirements as 
generators of greater than 1000 kg/month. The State is also more 
stringent at WAC 173-303-220(2)(d) because the State program can 
require a generator to submit exception reports in less time than the 
federal program if the generator endangers public health or the 
environment.
    Corrective Action for Injection Wells (52 FR 45788, 12/1/87, 
Checklist 44C): The State's regulation for ``permit by rule,'' WAC 173-
303-802(3), for injection wells is more stringent than the federal 
requirements 40 CFR 264.101, 270.60(b)(3)(i) and (b)(3)(ii) because the 
State program requires compliance with WAC 173-303-060, the use of 
notification and identification numbers. The State program's 
prohibition on the disposal of state-only extremely hazardous waste 
(EHW) in underground injection wells is a provision that is broader in 
scope than the federal program and is not authorized as part of this 
decision.
    Treatability Studies Sample Exemption (53 FR 27290, 7/29/88, 
Checklist 49): The State's program has two provisions for which the 
State is more stringent than the federal requirements found at 40 CFR 
261.4(e)(2)(vi) and 40 CFR 261.4(f). At WAC 173-303-071(3)(r)(ii)(F) 
and WAC 173-303-071(3)(s) the state requires annual rather than 
biannual reports. The State also has provisions at 173-303-
071(3)(s)(xii) and (xiii) which are more stringent than federal 
requirements because they require the date, the words hazardous or 
dangerous waste and the major risks associated with the waste to be 
marked on each container. The State program's provision at 173-303-
071(3)(r)(i)(D) is not considered more stringent but is a clarification 
consistent with the Federal rule 40 CFR 261.4 (f)(10).
    Delay of Closure Period for Hazardous Waste Management Facilities 
(54 FR 33376, 8/14/89, Checklist 64): The State's regulation WAC 173-
303-610(3)(c)(ii)(A) is more stringent than the federal requirement 
found at 40 CFR 264.112(d)(2)(i) because it requires the owner or 
operator to continue to take steps to prevent threats to human health 
and the environment beyond those otherwise required by the federal 
regulation.
    Toxicity Characteristic: Chlorofluorocarbon Refrigerants (56 FR 
5910, 2/13/91, Checklist 84): The State's regulations, WAC 173-303-
506(2) and (3), are more stringent than the federal requirement found 
at 40 CFR 261.4(b)(12) because the state program includes generator 
record keeping requirements and facility requirements.
    Wood Preserving Listings (56 FR 30192, 7/1/99, Checklist 92): The 
State's regulation WAC 173-303-200(1)(b)(i) is more stringent than the 
Federal requirements found at 40 CFR 262.34(a)(1)(i) because of the 
following cross citations:
     At WAC 173-303-640(2), analog to 40 CFR 265.171, the State 
program requires the owner or operator to address leaks, spills and 
discharges into the environment and in emergencies;
     At WAC 173-303-640(3), the State program requires the 
owner or operator to label containers to identify the major risks 
associated with the contents of the container;
     The State program specifies at WAC 173-303-640(5), analog 
to 40 CFR 265.173, a minimum aisle space between containers and that a 
row of containers must be no wider than 2 drums;
     The State program requires at WAC 173-303-640(6), analog 
to 40 CFR 265.174, that an inspection log must be maintained;
     The State has particular requirements for incompatible 
wastes, WAC 173-303-640(10), for closure; and
     The State program has authority to require secondary 
containment.
    The State's wording although different at WAC 173-303-640(8), 
analog to 40 CFR 265.176, is equivalent

[[Page 55150]]

to the federal program because the State requires that containers be 
stored in a manner equivalent to the Uniform Fire Code.
    The State's regulation WAC 173-303-200(l)(b)(ii) is more stringent 
than the Federal requirements found at 40 CFR 262.34(a)(l)(ii), because 
of the following cross citations:
     WAC 173-303-640(2)(e) and WAC 173-303-640(3)(b) in the 
state program require scheduling integrity assessments;
     WAC 173-303-640(5)(d) and (e) provide additional 
protective requirements in the state program: WAC 173-303-640(5)(d) 
requires the operator to label tanks to identify the waste contained in 
the tank; WAC 173-303-640(5)(e) requires all tank systems that hold 
dangerous wastes that are acutely or chronically toxic by inhalation to 
be designed to prevent the escape of vapors, fumes or other emissions 
into the air;
     WAC 173-303-640(7)(d)(i) is more stringent than the 
Federal analog, 40 CFR 265.196(d) because the State program requires a 
facility to report, whichever is the less, any release greater than or 
equal to one pound, or the reportable quantity, while the federal 
regulation requires reporting only of releases that equal or exceed one 
pound;
     WAC 173-303-640(9)(b) is more stringent than the Federal 
analog at 40 CFR 265.198(b) because the State program requires that 
tanks be located in a manner equivalent either to the National Fire 
Protection Association's buffer zone requirements (the Federal 
requirement) or as required by State and local fire codes, whichever is 
more stringent; furthermore, the state program is also more stringent 
in its requirement for yearly inspections.
    Land Disposal Restrictions (51 FR 40572, 11/7/86 and 52 FR 21010,
6/4/87, Checklist 34): The State regulation WAC 173-303-120(2)(a) is 
more stringent than the federal requirement found at 40 CFR 261.6(a)(3) 
as the state has additional requirements for recyclable materials: WAC 
173-303-050 provides authority to take action for a discharge or a 
potential discharge or release into the environment, WAC 173-303-145 
provides authority to require a responsible person to address spills 
and discharges into the environment. WAC 173-303-960 provides 
regulatory authority to address imminent and substantial endangerment 
to health or the environment. EPA has statutory authority to address 
imminent and substantial endangerment to health or the environment and 
does not consider this state regulation to be more stringent than EPA's 
existing statutory authority under the federal RCRA program. To the 
extent the state has authority to address imminent and substantial 
endangerment to health or the environment as a regulatory requirement 
under the state program directly applicable to the recyclable 
materials, EPA considers the State program to be equivalent to the 
federal program.
    Pre-construction Ban (50 FR 28702,
7/15/85, Checklist 17M): The State is more stringent because it chose 
not to adopt the optional and less stringent federal requirement at 40 
CFR 270.10(f)(3) for construction of TSCA PCB incineration.
    Testing and Monitoring Activities (58 FR 46040, 8/31/93, Checklist 
126): The State regulation WAC 173-303-910(4)(a) is more stringent than 
the federal requirement at 40 CFR 260.22(d)(1)(i) because the State 
does not exclude wastes that are considered hazardous under 40 CFR Part 
261, but only has authority to exclude wastes that EPA has excluded 
under the petition process as hazardous wastes.
    Carbamate Production Identification and Listing of Hazardous Waste 
(60 FR 7824, 2/9/95, amended at 60 FR 19165, 4/17/95 and at 60 FR 
25619, 5/12/95 Checklist 140): The State is more stringent because it 
does not include the de minimus wastewater ``exclusions'' found in the 
federal program at 40 CFR 261.3(a)(2)(iv)(E), (F) and (G).
    Universal Waste: General Provision (60 FR 25492, 5/11/95 Checklist 
142A): The State is more stringent because it chose not to adopt a 
counting exclusion for hazardous waste managed immediately upon 
generation only in on-site elementary neutralization units, wastewater 
treatment units, or totally enclosed treatment facilities as defined in 
40 CFR 260.10.
    Dust Suppression (50 FR 28702,
7/15/85, Checklist 17G): The State regulation WAC 173-303-505(2)(d) is 
more stringent than the federal requirement at 40 CFR 266.23(b) because 
the State rule does not contain the exception for waste identified 
solely on the basis of ignitability. Therefore the State prohibits the 
use of waste or used oil or other material which is contaminated with 
dioxin or any other hazardous waste, including those wastes that are 
ignitable, for dust suppression or road treatment.
    The State is not seeking authorization for the Standards for the 
Management of Waste Fuel and Used Oil for the Burning of these 
Materials in Boilers and Industrial Furnaces, 40 CFR 266.102 through 40 
CFR 266.111. The State did not adopt these federal provisions as state 
law. EPA is implementing these BIF requirements in Washington State 
under EPA's HSWA authority.
    States are not allowed to seek authorization for state requirements 
that are broader in scope than federal requirements. EPA does not have 
authority to authorize and enforce those parts of a state's program EPA 
finds to be broader in scope than the federal program. EPA has found 
the following state requirements to be broader in scope than the 
federal hazardous waste program and is not authorizing the following 
requirements as part of the State's authorized program: Mining Waste 
Exclusion II (55 FR 2322, 1/23/90 Checklist 71). The State analogs are 
broader in scope than the federal requirements, except for WAC 173-303-
040 and WAC 173-303-180(3)(f) which are equivalent to the federal 
analogs 40 CFR 260.10 and 40 CFR 262.23(e) respectively, because the 
State has not adopted an analog to 40 CFR 261.4(b)(7)--exclusions for 
solid waste from the extraction, benefication, and processing of ores 
and minerals. The state's lack of an analog for the federal exclusion 
of mixtures of solid waste and hazardous waste which are hazardous 
based solely on a hazardous characteristic imparted to the waste as a 
result of a Bevill characteristic, 40 CFR 261.3(a)(2)(iii), is also 
broader in scope than the federal program.
    Although State programs can be authorized where they are more 
stringent than the federal program, state programs cannot be authorized 
where they are less stringent. EPA finds the state regulations for 
spent antifreeze at WAC 173-303-120(3)(h) are less stringent than the 
federal provisions to the extent that the state program would construe 
characteristic spent antifreeze as a state-only waste. The effect of 
the State rule would be to exempt antifreeze that exhibits the toxicity 
characteristic from the requirements applicable to wastes exhibiting 
the toxicity characteristic. EPA has articulated its position in 
numerous rules that spent antifreeze exhibiting a characteristic may 
pose a threat to human health and the environment and requires 
generators and recyclers to comply with existing federal regulations 
with respect to characteristic hazardous waste. Antifreeze which 
exhibits the toxicity characteristic remains a hazardous waste under 
the State's authorized program. The direct impact of EPA's finding to 
generators and recyclers is that such persons are not exempted from the 
State's federally authorized requirements for antifreeze that exhibits 
the toxicity characteristic.
    States sometimes make changes to their previously authorized 
programs

[[Page 55151]]

that result in a state regulation being found equivalent where the 
regulation may have been found more stringent at the time of initial 
authorization. On April 29, 1996, the State received final 
authorization for the federal dioxin wastes requirements, (50 FR 1978, 
January 14, 1985) and the definition of empty for dioxin residues in 
containers was determined to be more stringent than the federal 
program. The State has amended its definition of empty for dioxin 
residues in containers and is seeking reauthorization for this change. 
With today's rulemaking the State analog for definition of empty, found 
at WAC 173-303-160(2)(a), has been determined to be equivalent to the 
federal requirement found at 40 CFR 261.7(b)(1).
    On April 29, 1996, the State received final authorization for the 
federal rule Amending Requirements for Hazardous Waste Incinerator 
Permits (54 FR 4286, January 30, 1989) and the state's analog, WAC 173-
303-807(10) requirement for existing incinerator facilities to either 
conduct a trial burn or submit other information as specified in 40 CFR 
270.19(a) or (c) before a permit can be issued to that facility, was 
determined to be more stringent than the federal program. The State has 
amended the more stringent requirement and is seeking reauthorization 
for this change. With today's rulemaking the State analog WAC 173-303-
807(10) has been determined to be equivalent to the federal requirement 
found at 40 CFR 270.62(d).

H. Who Handles Permits After This Authorization Takes Effect?

    Washington will issue permits for all the provisions for which it 
is authorized and will administer the permits it issues. All permits 
issued by EPA Region 10 prior to final authorization of this revision 
will continue to be administered by EPA Region 10 until the issuance or 
re-issuance after modification of a State RCRA permit. Upon the 
effective date of the issuance, or re-issuance after modification to 
incorporate authorized State requirements of a State RCRA permit, those 
EPA-issued permit provisions which the State is authorized to 
administer and enforce will expire. HSWA provisions for which the State 
is not authorized will continue in effect under the EPA-issued permit. 
EPA will continue to implement and issue permits for HSWA requirements 
for which Washington is not yet authorized.

I. How Does Today's Action Affect Indian Country (18 U.S.C. Section 
1151) in Washington?

    EPA's decision to authorize the Washington hazardous waste program 
does not include any land that is, or becomes after the date of this 
authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, with 
the exception of the non-trust lands within the exterior boundaries of 
the Puyallup Indian Reservation (also referred to as the ``1873 Survey 
Area'' or ``Survey Area'') located in Tacoma, Washington. EPA retains 
jurisdiction over ``Indian Country'' as defined in 18 U.S.C. 1151.
    Effective October 22, 1998 (63 FR 50531, September 22, 1998) 
Washington's state program was authorized to implement the state 
authorized program on the non-trust lands within the 1873 Survey Area 
of the Puyallup Indian Reservation. The authorization did not extend to 
trust lands within the reservation. EPA retains its authority to 
implement RCRA on trust lands and over Indians and Indian activities 
within the 1873 Survey Area.
    A complete discussion of the background for this authorization 
determination can be found in Federal Registers dated July 7, 1998 (63 
FR 36652) for the proposed rule and an immediate final rule (63 FR 
36587), August 21, 1998 to withdraw the immediate final rule in 
response to adverse comment (63 FR 44795), and September 22, 1998 to 
publish a response to comment and final rule granting authorization (63 
FR 50531).

J. What is Codification and Is Epa Codifying Washington Hazardous 
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR Part 272. We reserve the amendment 
of 40 CFR Part 272, Subpart WW for this authorization of Washington's 
program until a later date.

K. Regulatory Analysis and Notices

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year.
    Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that section 202 and 205 requirements do not 
apply to today's action because this rule does not contain a Federal 
mandate that may result in annual expenditures of $100 million or more 
for State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the Washington program, and today's action does not impose 
any additional obligations on regulated entities. In fact, EPA's 
approval of State programs generally may reduce, not increase, 
compliance costs for the private sector. Further, as it applies to the 
State, this action does not impose a Federal intergovernmental mandate 
because UMRA does not include duties arising from participation in a 
voluntary Federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or

[[Page 55152]]

operate TSDFs, they are already subject to the regulatory requirements 
under the existing State laws that are being authorized by EPA, and, 
thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if the agency's administrator certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under the existing State laws that are now being 
authorized by EPA. EPA's authorization does not impose any significant 
additional burdens on these small entities. This is because EPA's 
authorization would simply result in an administrative change, rather 
than a change in the substantive requirements imposed on these small 
entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. It does not impose any new burdens 
on small entities. This rule, therefore, does not require a regulatory 
flexibility analysis.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

Compliance With Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies 
with consulting, Executive Order 12875 requires EPA to provide to the 
Office of Management and Budget a description of the extent of EPA's 
prior consultation with representatives of affected State, local and 
tribal governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    This rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. The State administers its hazardous waste program 
voluntarily, and any duties on other State, local or tribal 
governmental entities arise from that program, not from this action. 
Accordingly, the requirements of Executive Order 12875 do not apply to 
this rule.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) the 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by E.O. 12866, and because 
it does not involve decisions based on environmental health or safety 
risks.

Compliance with Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This rule is not subject to Executive Order 13084 because it does 
not significantly or uniquely affect the communities of Indian tribal 
governments. Washington is not authorized to implement the RCRA 
hazardous waste program in Indian country. This action has no effect on 
the hazardous waste program that EPA implements in the Indian country 
within the State.

Compliance With Executive Order 12612

    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, 64 FR 43255 (August 10, 1999), 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order

[[Page 55153]]

12612, 52 FR 41685 (October 30, 1987), on federalism still applies. 
This rule will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 12612. This rule simply 
approves the State of Washington's proposal to be authorized for 
updated requirements of the hazardous waste program that the state has 
voluntarily chosen to operate.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, Sec. 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This action 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 24, 1999.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 99-25561 Filed 10-8-99; 8:45 am]
BILLING CODE 6560-50-P