[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Proposed Rules]
[Pages 33037-33046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15481]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7000-2]


California: Proposed Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: California has applied to EPA for final authorization of 
certain changes to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed California's 
application and made the tentative decision that these changes satisfy 
all requirements needed to qualify for final authorization, and is 
proposing to authorize the State's changes.

DATES: EPA must receive written comments on California's application 
for authorization for changes to its hazardous waste management program 
by July 20, 2001.

ADDRESSES: Send written comments to Rebecca Smith, WST-3, U.S. EPA 
Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901, Phone 
number (415) 744-2152. You can view and copy California's application 
at the following addresses: California Environmental Protection Agency, 
Environmental Services Center, 1001 I Street, First Floor, Sacramento, 
CA 95814, phone number: (916) 322-7394, from 8 a.m. to noon and 1 p.m. 
to 4 p.m., Monday through Friday (appointment preferred but not 
required); and EPA Region 9, Library, 75 Hawthorne Street, San 
Francisco, CA 94105-3901, phone number: (415) 744-1510, from 9 a.m. to 
4 p.m. Copy services are not available in Sacramento, but should be 
arranged by the viewer.

FOR FURTHER INFORMATION CONTACT: Rebecca Smith at the above address and 
phone number.

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?

    EPA has made the tentative determination that California's 
application to revise its authorized program meets all of the statutory 
and regulatory requirements established by RCRA. Therefore, we are 
proposing to grant California final authorization to operate its 
hazardous waste program with the changes described in the authorization 
application. California will have responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders 
(except in Indian Country) and 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). 
New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized states before such states are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in California, including issuing permits, until the State 
is granted authorization to do so.

C. What Will Be the Effect if California Is Authorized for These 
Changes?

    If California is authorized for these changes, a facility in 
California subject to RCRA will have to comply with the authorized 
State requirements in lieu of the corresponding Federal requirements in 
order to comply with RCRA. Additionally, such persons will have to 
comply with any applicable Federally-issued requirements, such as, for 
example, HSWA regulations issued by EPA for which the State has not 
received authorization, and RCRA requirements that are not supplanted 
by authorized state-issued requirements. California continues to have 
enforcement responsibilities under its State law to pursue violations 
of its hazardous waste management program. EPA continues to have 
independent authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, the authority to:
     Do inspections, and require monitoring, tests, analyses or 
reports,
     Enforce RCRA requirements (including State-issued statutes 
and regulations that are authorized by EPA and any applicable 
Federally-issued statutes and regulations) and suspend or revoke 
permits, and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    The action to approve these revisions would not impose additional 
requirements on the regulated community because the regulations for 
which California will be authorized are already effective under State 
law and are not changed by the act of authorization.
    EPA cannot delegate the Federal requirements at 40 CFR Part 262, 
Subparts E and H. Although California has adopted these requirements 
verbatim from the Federal regulations in Title 22 of the California 
Code of Regulations, sections 66260-66262, EPA will continue to 
implement those requirements.

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

    If EPA receives comments that oppose this authorization, we will 
address those comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on

[[Page 33038]]

this authorization, you must do so at this time.

F. What Has California Previously Been Authorized for?

    California initially received final authorization on July 23, 1992, 
effective August 1, 1992 (57 FR 32726), to implement the RCRA hazardous 
waste management program. This ``base program authorization'' 
authorized California's RCRA program based on California statutory and 
regulatory provisions in effect as of December of 1990.

G. What Changes Are We Proposing?

    On January 31, 2000, California submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We have made a tentative determination 
that California's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for final authorization. California 
has applied for many of the Federal changes to the RCRA program since 
it was authorized for the base program. The earliest of these Federal 
changes goes back to 1989. However, there are several changes to the 
Federal program which have been made since California's base program 
was authorized for which California has not yet applied for 
authorization. The major areas of changes for which California has not 
yet applied for authorization are: The used oil regulations; 
consolidated liability requirements; military munitions; phases three 
and four of the land disposal restrictions; and universal waste.
    Since authorization of California's base program in 1992, 
California has submitted numerous packages to EPA relating to its 
efforts to seek authorization for updates to its program based on 
revisions to the Federal program. EPA has published a series of 
checklists to aid California and the other states in such efforts, (see 
EPA's RCRA State Authorization web page at http://www.epa.gov/epaoswer/hazwaste/state/rcra.htm#csrc). Each checklist generally reflects 
changes made to the Federal regulations pursuant to a particular 
Federal Register notice. California's submittals have been grouped into 
general categories (e.g., Air Emissions Standards, Boilers and 
Industrial Furnaces, etc.). Each submittal may have reflected changes 
based on one or more Federal Register notices and would have thus 
referenced one or more corresponding checklists.
    What follows is a summary, for each general category identified by 
California in its submittals, of the specific subjects of changes to 
the Federal program for that category. Although the changes to the 
Federal program are identified in the summary, California did not 
necessarily make revisions to its program as a result of each Federal 
revision noted. For example, certain revisions to the Federal program 
may have resulted in less stringent regulation than that which 
previously existed. Since states may maintain programs which are more 
stringent than the Federal program, states have the option whether or 
not to adopt such revisions.

1. Changes California Identified as Relating to Air Emissions Standards

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: Organic air emission standards for 
process vents and equipment leaks; and organic air emissions standards 
for tanks, surface impoundments and containers.

2. Changes California Identified as Relating to the Toxicity 
Characteristic

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: Interim status standards for down-
gradient ground-water monitoring well locations; hydrocarbon recovery 
operations; chlorofluorocarbon refrigerants; the mining waste 
exclusion; the recycled coke by-product exclusion; the toxicity 
characteristic leaching procedure; the mixture and derived-from rules; 
the removal of strontium sulfide from the list of hazardous wastes; the 
adoption of an administrative stay for K069 listing (emission control 
dust/sludge from secondary lead smelting); the adoption of certain 
technical corrections to the 1990 toxicity characteristic rule; the 
listing of chlorinated toluene production waste (K149, K150, K151); the 
standards for treating liquids in landfills; the references which 
specify testing requirements and monitoring activities; the listing of 
hazardous constituents from the use of chlorophenolic formulations in 
wood surface protection; the reference relating to wood surface 
protection; the listing of beryllium powder (P015); and provisions to 
be met for excluding as a hazardous waste certain wastewaters from the 
production of carbamates and carbamoyl oximes (K157).

3. Changes California Identified as Relating to Corrective Action 
Management

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: Corrective action management units and 
temporary units.
    If these changes are authorized, they will include final 
authorization of California for the February 16, 1993 Corrective Action 
Management Unit (CAMU) rule. If California is authorized for the rule, 
the State will be eligible for interim authorization-by-rule for the 
proposed amendments to the CAMU rule, which also proposed the interim 
authorization-by-rule process (see August 22, 2000, 65 FR 51080, 
51115). California will also become eligible for conditional 
authorization if that alternative is chosen by EPA in the final CAMU 
amendments rule.

4. Changes California Identified as Relating to Boilers and Industrial 
Furnaces

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: Burning of hazardous waste in boilers 
and industrial furnaces; an administrative stay for coke ovens; the 
recycled coke by-products exclusion; certain coke by-products listings; 
guidelines for air quality modeling and screening for boilers and 
industrial furnaces burning hazardous waste; the adoption of an 
administrative stay and interim standards for Bevill residues; and 
certain technical amendments to record keeping instructions.

5. Changes California Identified as Relating to Wood and Sludge

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: Wood preserving listings; and petroleum 
refinery primary and secondary oil/water/solids separation sludge 
listings.
    We also propose to find that California did not need to adopt a 
Federal administrative stay for the requirement that existing drip pads 
be impermeable because the stay expired on October 30, 1992.

6. Changes California Identified as Relating to Liners and Leak 
Detection

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the

[[Page 33039]]

following area: Liners and leak detection systems for hazardous waste 
land disposal units.

7. Changes California Identified as Relating to Recyclable Materials 
Used in a Manner Constituting Disposal

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following area: The removal of the conditional exemption 
for certain slag residues.

8. Changes California Identified as Relating to Recovered Oil

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following area: The recovered oil exclusion.

9. Changes California Identified as Relating to Delay of Closure

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following area: The delay of closure period for 
hazardous waste management facilities.

10. Changes California Identified as Relating to Public Participation

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following area: Expanded public participation.

11. Changes California Identified as Relating to Used Oil Filters

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following area: The used oil filter exclusion.

12. Changes California Identified as Relating to Land Disposal 
Restrictions (LDR)

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: LDR third third scheduled wastes; 
electric arc furnace dust (K061); LDRs for newly listed wastes and 
hazardous debris; LDRs for ignitable and corrosive characteristic 
wastes whose treatment standards were vacated; case-by-case capacity 
variances for hazardous debris; case-by-case capacity variances for 
lead-bearing hazardous materials; case-by-case capacity variances for 
hazardous soil; and universal treatment standards and treatment 
standards for organic characteristic wastes and newly listed wastes.

13. Changes California Identified as Relating to Exports

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following area: The identification of the U.S. EPA 
office to which the notification of export activities and annual export 
reports must be sent. California has also adopted the Federal 
regulations implementing a graduated system of procedural and 
substantive controls for hazardous wastes as they move across national 
borders within the Organization for Economic Cooperation and 
Development (OECD) for recovery. The requirements for regulating 
exports, Subparts E and H of 40 CFR Part 262, will be administered by 
the U.S. EPA instead of California because the exercise of foreign 
relations and international commerce powers is delegated to the Federal 
government under the Constitution. California has adopted these export 
rules into Title 22 California Code of Regulations for the convenience 
of the regulated community.

14. Miscellaneous Changes

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program which removed certain legally obsolete rules.
    The following table shows the Federal and analogous State 
provisions involved in this tentative decision and the relevant 
corresponding checklists:

BILLING CODE 6560-50-P

------------------------------------------------------------------------
   Description of Federal       Federal Register       Analogous State
  requirement (checklist #)       date and page           authority
------------------------------------------------------------------------
40 Code of Federal            (154) 59 FR 62896,    (154) Title 22,
 Regulations (40 CFR) 60,      Dec. 6, 1994          California Code of
 Appendix A, Air Emission      [amended by 60 FR     Regulations (22
 Standards (AirES),            26828, May 19,        CCR) 66260.11,
 checklist 154.                1995; 60 FR 50426,    amended June 11,
                               Sept. 29, 1995; 60    1999.
                               FR 56952, Nov. 13,
                               1995; 61 FR 4903,
                               Feb. 9, 1996; 61 FR
                               28508, June 5,
                               1996; and 61 FR
                               59932, Nov. 25,
                               1996].
40 CFR 124.31-124.33 Public   (148) 60 FR 63417,    (148) 22 CCR
 Participation (Public),       Dec. 11, 1995.        66260.10, 66271.31-
 checklist 148.                                      66271.33, amended
                                                     June 18, 1997.
40 CFR 260.10 Wood and        (82) 55 FR 50490,     (99) 22 CCR
 Sludge (Wood), checklist      Dec. 6, 1990; (85)    66260.10, adopted
 82; Boilers and Industrial    56 FR 7134, Feb.      1991; (82) 22 CCR
 Furnaces (BIF), checklists    21, 1991; (99) 56     66260.10, amended,
 85, 111; Toxicity             FR 66365, Dec. 23,    1994; (121) 22 CCR
 characteristics (TC),         1991; (100) 57 FR     66260.10, amended
 checklists 99, 118; Liners    3462, Jan. 29,        1996; (100) 22 CCR
 and Leak Detection            1992; (109) 57 FR     66260.10, amended
 (Liners), checklist 100;      37194, Aug. 18,       July 1, 1996; (85,
 Land Disposal Restrictions    1992; (111) 57 FR     111) 22 CCR
 (LDR), checklist 109;         38558, Aug. 25,       66260.10, amended
 Corrective Action             1992; (118) 57 FR     Feb. 11, 1997;
 Management Units (CAMU),      54452, Nov. 18,       (109) 22 CCR
 checklist 121.                1992; (121) 58 FR     66260.10, amended
                               8658, Feb. 16, 1993.  Aug. 15, 1997;
                                                     (118) 22 CCR
                                                     66260.10, amended
                                                     Nov. 12, 1998.
40 CFR 260.11 AirES,          (79) 55 FR 25454,     (79) 22 CCR
 checklists 79, 154; BIF,      June 21, 1990;        66260.11, amended
 checklists 85, 125; TC,       (125) 58 FR 38816,    1993; (85, 125) 22
 checklists 126, 128, 132,     July 20, 1993;        CCR 66260.11,
 139, 141, 158.                (126) 58 FR 46040,    amended July 1,
                               Aug. 31, 1993;        1996; (154, 126,
                               (128) 59 FR 458,      128, 132, 139, 141,
                               Jan. 4, 1994; (132)   158) 22 CCR
                               59 FR 28484, June     66260.11, amended
                               2, 1994; (139) 60     June 11, 1999.
                               FR 3089, Jan. 13,
                               1995; (141) 60 FR
                               17001, Apr. 4,
                               1995; (158) 62 FR
                               32452, June 13,
                               1997.
40 CFR 260.20; BIF,           ....................  (111) California did
 checklist 111.                                      not adopt this
                                                     provision.
40 CFR 260.22; TC, checklist  ....................  (126) California did
 126.                                                not adopt this
                                                     provision for
                                                     delisting hazardous
                                                     waste.

[[Page 33040]]

 
40 CFR 260.30-260.33; LDR,    (137) 59 FR 47982,    (137) California
 checklist 137.                Sept. 19, 1994.       Health and Safety
                                                     Code (HSC) Division
                                                     20, 25143(c),
                                                     amended 1996.
                                                     California is not
                                                     seeking to have
                                                     these provisions
                                                     delegated.
40 CFR 261.2; BIF,            (94) 56 FR 32688,     (85, 94, 96, 111)
 checklists 85, 94, 96, 111;   July 17, 1991; (96)   HSC Division 20,
 LDR, checklist 137.           56 FR 42504, Aug.     25143.2, amended
                               27, 1991.             1988; 22 CCR
                                                     66261.2, adopted
                                                     July 1, 1996; (137)
                                                     HSC Division 20,
                                                     25143.2, amended
                                                     1996.
40 CFR 261.3; BIF, checklist  (83) 56 FR 3864,      (117) HSC Division
 94, 96; TC, checklists 117,   Jan. 31, 1991; (95)   20, 25143.2,
 140; LDR, checklists 83,      56 FR 41164, Aug.     amended 1994; (135)
 95, 109; Recovered Oil        19, 1991; (117) 57    HSC Division 20,
 Exclusion, checklist 135.     FR 7628, March 3,     25144, amended
                               1992 and 57 FR        1995; (135) HSC
                               23062, June 1,        Division 20,
                               1992; (135) 59 FR     25143.2, amended
                               38536, July 28,       1996; (94, 96) 22
                               1994; (140) 60 FR     CCR 66261.3,
                               7824, Feb. 9, 1995    amended Jan. 31,
                               [amended at 60 FR     1997; HSC, Division
                               19165, Apr. 17,       20, 25143.2,
                               1995; 60 FR 25619,    amended 1988; (83,
                               May 12, 1995].        95, 109) 22 CCR
                                                     66261.3, amended
                                                     Aug. 15, 1997;
                                                     (117, 140) 22 CCR
                                                     66261.3, amended
                                                     Nov. 12, 1998.
40 CFR 261.4; TC, checklists  (80) 55 FR 40834,     (82, 92, 95, 104,
 80, 84, 90, 105, 108; Wood,   Oct. 5, 1990; (84)    105, 107, 108, 110)
 checklists 82, 92; BIF,       56 FR 5910, Feb.      California did not
 checklists 85, 105, 110;      13, 1991; (90) 56     adopt these
 LDR, checklist 95; Used Oil   FR 66365, Dec. 23,    exclusions; (85,
 Filters, checklists 104,      1991; (92) 56 FR      90) HSC Division
 107; Recovered Oil            30192, July 1,        20, 25143.1,
 Exclusion, checklist 135.     1991; (104) 57 FR     amended 1991; (80,
                               21524, May 20,        84, 105) 22 CCR
                               1992; (105) 57 FR     66261.24, amended
                               27880, June 22,       1994; (135) HSC
                               1992; (107) 57 FR     Division 20, 25144,
                               29220, July 1,        amended 1995;
                               1992; (108) 57 FR     25143.2, amended
                               30657, July 10,       1996
                               1992; (110) 57 FR
                               37284, Aug. 18,
                               1992.
40 CFR 261.6; AirES,          ....................  (85) HSC Division
 checklists 79, 154; BIF,                            20, 21543.2,
 checklists 85, 94;                                  amended 1988; (79)
 Recovered Oil Exclusion,                            22 CCR 66266.12,
 checklist 135.                                      adopted 1993; (135)
                                                     HSC Division 20,
                                                     25144, amended
                                                     1995; (135) HSC
                                                     Division 20,
                                                     25143.2, amended
                                                     1996; (94) 22 CCR
                                                     66261.6, amended
                                                     June 12, 1997;
                                                     (154) 22 CCR
                                                     66261.6, amended
                                                     June 11, 1999
40 CFR 261.20; LDR,           ....................  (83) 22 CCR
 checklist 83.                                       66261.20, adopted
                                                     July 1, 1991
40 CFR 261.22 and 261.24;     ....................  (126) 22 CCR
 TC, checklist 126.                                  66261.22 and
                                                     66261.24, amended
                                                     Nov. 12, 1998
40 CFR 261.31; LDR,           (81) 55 FR 46354,     (81, 82, 83, 89,
 checklist 83; Wood,           Nov. 2, 1990,         120) 22 CCR
 checklists 81, 82, 89, 120;   amended at 55 FR      66261.31, amended
 Removal of Legally obsolete   51707, Dec. 17,       Oct. 10, 1994 (144)
 rules, checklist 144.         1990; (89) 56 FR      California did not
                               21955, May 13,        adopt these rules
                               1991; (120) 57 FR     and does not need
                               61492, Dec. 24,       to repeal them.
                               1992 (144) 60 FR
                               33912, June 29,
                               1995.
40 CFR 261.32, 261.33; TC,    (86) 56 FR 7567,      (110) 22 CCR
 checklists 86, 88, 115,       Feb. 25, 1991; (88)   66261.32, amended
 134, 140; BIF, checklist      56 FR 19951, May 1,   July 31, 1996; (86,
 110.                          1991; (115) 57 FR     88, 115, 134, 140)
                               47376, Oct. 15,       22 CCR 66261.32,
                               1992; (134) 59 FR     66261.33, amended
                               31551, June 20,       Nov. 12, 1998.
                               1994.
40 CFR 261.35; Wood,          ....................  (82, 92) 22 CCR
 checklists 82, 92.                                  66261.35, adopted
                                                     1994.
40 CFR 261, Appendices II,    (119) 57 FR 55114,    (81, 82) 22 CCR,
 III, VII, VIII, X; Wood,      Nov. 24, 1992.        Division 4.5,
 checklists 81, 82; TC,                              Chapter 11,
 checklists 86, 115, 119,                            Appendices III,
 126, 128, 134, 140; BIF,                            VII, VIII, amended
 checklist 110.                                      1994; (110) 22 CCR,
                                                     Division 4.5,
                                                     Chapter 11,
                                                     Appendix VII,
                                                     amended July 31,
                                                     1996; (86, 115,
                                                     126, 128, 134, 140)
                                                     22 CCR, Division
                                                     4.5, Chapter II,
                                                     Appendices II, III,
                                                     VII, VIII, X,
                                                     amended Nov. 12,
                                                     1998 (119)
                                                     California did not
                                                     adopt this
                                                     regulation.
40 CFR 262.11; LDR,           ....................  (83) 22 CCR
 checklist 83.                                       66262.11, adopted
                                                     July 1, 1991.
40 CFR 262.34; Wood,          ....................  (82, 92) 22 CCR
 checklists 82, 92; LDR,                             66262.34, adopted
 checklists 83, 109; AirES,                          1994; (83, 109) 22
 checklist 154.                                      CCR 66262.34,
                                                     amended Oct. 28,
                                                     1997; (154) 22 CCR
                                                     66262.34, amended
                                                     June 11, 1999
40 CFR 262.53(b) and          (97) 56 FR 43704,     (97) 22 CCR
 262.56(b); Exports,           Sept. 4, 1991.        66262.53(c) and
 checklist 97.                                       66262.56(b),
                                                     amended 1993
40 CFR 264.1, 265.1; BIF,     (124) 58 FR 29860,    (121) 22 CCR
 checklist 111; CAMU,          May 24, 1993.         66265.1, amended
 checklist 121; LDR,                                 1996; (124) HSC
 checklists 124, 137.                                Division 20,
                                                     25179.2, amended
                                                     1996; (111, 124) 22
                                                     CCR 66264.1,
                                                     66265.1, amended
                                                     June 12, 1997;
                                                     66270.69, amended
                                                     July 31, 1996;
                                                     (137) California
                                                     did not adopt these
                                                     exemptions.
40 CFR 264.3; CAMU,           ....................  (121) 22 CCR
 checklist 121.                                      66264.3, amended
                                                     1996

[[Page 33041]]

 
40 CFR 264.13, 265.13; Delay  (64) 54 FR 33376,     (79, 87) 22 CCR
 of Closure (Closure),         Aug. 14, 1989; (87)   66264.13, 66265.13,
 checklist 64; AirES,          56 FR 19290, Apr.     amended 1993; (64,
 checklists 79, 87, 154;       26, 1991; (102) 57    102) 22 CCR
 LDR, checklist 102; TC,       FR 8086, Mar. 6,      66264.13, amended
 checklist 118.                1992.                 Oct. 22, 1996;
                                                     66265.13, amended,
                                                     July 20, 1996;
                                                     (118) 22 CCR
                                                     66264.13, 66265.13,
                                                     amended Nov. 12,
                                                     1998; (154) 22 CCR
                                                     66264.13, 66265.13,
                                                     amended June 11,
                                                     1999
40 CFR 264.15, 265.15;        (163) 62 FR 64636,    (79) 22 CCR
 AirES, checklists 79, 154,    Dec. 8, 1997.         66264.15, 66265.15,
 163; Liners, checklist 100.                         amended 1993; (100)
                                                     22 CCR 66264.15,
                                                     66265.15, amended
                                                     July 19, 1995;
                                                     (154, 163) 22 CCR
                                                     66264.15, 66265.15,
                                                     amended June 11,
                                                     1999
40 CFR 264.19, 265.19;        ....................  (100) 22 CCR
 Liners, checklist 100.                              66264.19, 66265.19,
                                                     amended June 30,
                                                     1997
40 CFR 264.73, 264.77,        ....................  (79, 87) 22 CCR
 265.73, and 265.77; AirES,                          66264.73, 66264.77,
 checklists 79, 87, 154,                             66265.73, and
 163; Liners, checklist 100.                         66265.77, amended
                                                     1993; (100) 22 CCR
                                                     66264.73, amended
                                                     Jan. 31, 1996;
                                                     66256.73, amended
                                                     June 30, 1997;
                                                     (154, 163) 22 CCR
                                                     66264.73, 66264.77,
                                                     66265.73, and
                                                     66265.77, amended
                                                     June 11, 1999
40 CFR 264.101; CAMU,         ....................  (121) 22 CCR
 checklist 121.                                      66264.101, amended
                                                     1996
40 CFR 264.110-264.111;       ....................  (109) 22 CCR
 265.110-265.111; LDR,                               66264.110-66264.111
 checklist 109.                                      , 66265.110-
                                                     66265.111, amended
                                                     Aug. 15, 1997
40 CFR 264.112, 264.113;      ....................  (64) 22 CCR
 265.112, 265.113; Closure,                          66264.112,
 checklist 64, BIF,                                  66264.113,
 checklists 85, 96; LDR,                             66265.112,
 checklist 109.                                      66265.113, amended
                                                     Oct. 22, 1996; (85,
                                                     96) 22 CCR
                                                     66264.112,
                                                     66265.113, amended
                                                     Dec. 23, 1996;
                                                     66265.112, amended
                                                     Jan. 7, 1997; (109)
                                                     22 CCR 66264.112,
                                                     66265.112, amended
                                                     Aug. 15, 1997.
40 CFR 264.140, 264.142,      ....................  (64) 22 CCR
 265.140, 265.142; Closure,                          66264.142,
 checklist 64; LDR,                                  66265.142, amended
 checklist 109.                                      July 20, 1996;
                                                     66265.113, amended
                                                     Oct. 22, 1996;
                                                     (109) 22 CCR
                                                     66264.140,
                                                     66264.142,
                                                     66265.140,
                                                     66265.142, amended
                                                     Aug. 15, 1997.
40 CFR 264.179, 265.178;      ....................  (154) 22 CCR
 AirES, checklist 154.                               66264.179, adopted
                                                     June 11, 1999;
                                                     66265.178, amended
                                                     June 11, 1999.
40 CFR 264.190, 265.190;      ....................  (82) 22 CCR
 Wood, checklist 82; TC,                             66264.190,
 checklist 126.                                      66265.190, adopted
                                                     1994; (126) 22 CCR
                                                     66264.190,
                                                     66265.190, amended
                                                     Nov. 12, 1998.
40 CFR 264.200, 265.202;      ....................  (154) 22 CCR
 AirES, checklist 154.                               66264.200,
                                                     66265.202, adopted
                                                     June 11, 1999.
40 CFR 264.221-264.223,       ....................  (100) 22 CCR
 264.226, 264.228, 265.221-                          66264.221,
 365.223, 265.226, 265.228;                          66265.221, amended
 Liners, checklist 100; LDR,                         Oct. 21, 1997;
 checklist 109.                                      66264.222,
                                                     66265.222,
                                                     66265.228, amended
                                                     June 30, 1997;
                                                     66264.223, adopted
                                                     July 19, 1995;
                                                     66264.228,
                                                     66265.223, amended
                                                     July 19, 1995;
                                                     (109) 22 CCR
                                                     66265.221, amended
                                                     Aug. 15, 1997.
40 CFR 264.232, 265.231;      ....................  (154) 22 CCR
 AirES, checklist 154.                               66264.232,
                                                     66265.231, adopted
                                                     June 11, 1999.
40 CFR 264.251-264.254,       ....................  (100) 66264.251,
 265.254, 265.255, 265.259,                          amended Oct. 21,
 265.260; Liners, checklist                          1997; 66264.252,
 100.                                                66264.253,
                                                     66265.254,
                                                     66265.255, amended
                                                     June 30, 1997;
                                                     66264.254, amended
                                                     July 19, 1995,
                                                     66265.259,
                                                     66265.260, adopted
                                                     July 19, 1995.
40 CFR 264.301-264.304,       ....................  (108) 22 CCR
 264.310, 265.301-265.304,                           66265.301, amended
 265.310; Liners, checklist                          Aug. 15, 1997;
 100; TC, checklist 108.                             (100) 22 CCR
                                                     66264.301,
                                                     66265.301, amended
                                                     Oct. 21, 1997;
                                                     66264.302,
                                                     66265.302, amended
                                                     Jun. 30, 1997,
                                                     66264.303,
                                                     66264.310, amended
                                                     July 19, 1995;
                                                     66264.304,
                                                     66265.303-66265.304
                                                     , adopted July 19,
                                                     1995; 66265.310,
                                                     amended Aug. 15,
                                                     1997.
40 CFR 264.314, 264.316,      (145) 60 FR 35703,    (126) 22 CCR
 265.314, 265.316; TC,         July 11, 1995.        66264.314, adopted
 checklists 118, 126, 145.                           July 1, 1991; (118)
                                                     22 CCR 66264.316,
                                                     66265.316, amended
                                                     Nov. 12, 1998;
                                                     (118, 145) 22 CCR
                                                     66264.314,
                                                     66265.314, amended
                                                     Apr. 16, 1999;
                                                     (126) 22 CCR
                                                     66265.314, amended
                                                     Apr. 16, 1999

[[Page 33042]]

 
40 CFR 264.340, 265.340;      ....................  (85) 22 CCR
 BIF, checklist 85.                                  66264.340,
                                                     66265.340, amended
                                                     July 1, 1996
40 CFR 264.552, 264.553;      ....................  (121) 22 CCR
 CAMU, checklist 121.                                66264.552,
                                                     66264.553, amended
                                                     1996
40 CFR 264.570-264.575,       ....................  (82, 92, 120) 22 CCR
 265.440-265.445; Wood,                              66264.570-66264.575
 checklists 82, 92, 120.                             , 66265.440-
                                                     66265.445, adopted
                                                     1994
40 CFR 264.601; AirES,        ....................  (154) 22 CCR
 checklist 154.                                      66264.601, adopted
                                                     June 11, 1999
40 CFR 264.1030-264.1036, 40  ....................  (79, 87) 22 CCR
 CFR 265.1030-265.1035;                              66260.10, amended
 AirES, checklists 79, 87,                           1994; 66264.1030,
 154, 163; TC, checklist 158.                        66264.1032-66264.10
                                                     36, 66265.1030,
                                                     66265.1032-66265.10
                                                     35, adopted 1993;
                                                     (158) 22 CCR
                                                     66264.1034,
                                                     66265.1034, amended
                                                     Nov. 12, 1998;
                                                     (154, 163) 22 CCR
                                                     66260.10, amended
                                                     Sept. 3, 1999;
                                                     66264.1030,
                                                     66264.1033,
                                                     66264.1034,
                                                     66264.1035,
                                                     66265.1030,
                                                     66265.1033,
                                                     66265.1034,
                                                     66265.1035, amended
                                                     June 11, 1999
40 CFR 264.1050-264.1065,     ....................  (79, 87) 22 CCR
 265.1050-265.1064; AirES,                           66260.10, amended
 checklists 79, 87, 154,                             1994; 66264.1050,
 163; TC, checklist 158.                             66264.1052-66264.10
                                                     65, 66265.1050,
                                                     66265.1052-66265.10
                                                     64, amended 1993;
                                                     (158) 22 CCR
                                                     66264.1063,
                                                     66265.1063, amended
                                                     1993; (154, 163) 22
                                                     CCR 66260.10,
                                                     amended Sept. 3,
                                                     1999; 66264.1050,
                                                     66264.1055,
                                                     66264.1058,
                                                     66264.1060,
                                                     66264.1062,
                                                     66264.1064,
                                                     66265.1050,
                                                     66265.1055,
                                                     66265.1058.
                                                     66265.1060,
                                                     66265.1062,
                                                     66265.1064, amended
                                                     June 11, 1999
40 CFR 264.1080-264.1090,     ....................  (154, 163) 22 CCR
 264.1091, 265.1080-                                 66260.10, amended
 265.1090, 265.1091; AirES,                          Sept 3, 1999;
 checklists 154, 163.                                66264.1080,
                                                     66264.1082-66264.10
                                                     90, 66265.1080,
                                                     66265.1082-66265.10
                                                     90, adopted June
                                                     11, 1999.
40 CFR 264.1100-264.1102,     ....................  (109) 22 CCR
 265.1100-265.1102; LDR,                             66264.1100-66264.11
 checklist 109.                                      02, 66265.1100-
                                                     66265.1102, amended
                                                     Aug. 15, 1997.
40 CFR 264, Appendices I,     (31) 59 FR FR 13891,  (131) 22 CCR
 IX; BIF, checklist 131; TC,   Mar. 14, 1994.        66264.801, Appendix
 checklist 158.                                      I, amended June 12,
                                                     1997; (158) 22 CCR,
                                                     division 4.5,
                                                     Chapter 14,
                                                     Appendix IX,
                                                     amended Nov. 12,
                                                     1998.
40 CFR 265.91; TC, checklist  ....................  (99) 22 CCR 66265.97-
 99.                                                 66265.99, adopted
                                                     1991.
40 CFR 265.370; BIF,          ....................  (94) 22 CCR
 checklist 94.                                       66265.370, amended
                                                     July 1, 1996.
40 CFR 265, Appendices I,     ....................  (131) 22 CCR
 VI; BIF, checklist 131;                             66265.714, Appendix
 AirES, checklists 154, 163.                         I, amended June 12,
                                                     1997; (154, 163) 22
                                                     CCR, Division 4.5,
                                                     Chapter 15,
                                                     Appendix I, adopted
                                                     June 11, 1999.
40 CFR 266.20; Removal of     (136) 59 FR 43496,    (136) HSC Division
 the Conditional Exemption     Aug. 24, 19994        20, 25143.2,
 for Certain Slag Residues,    (136) HSC Division    amended 1991.
 Checklist 136.                20, 25143.2,
                               amended 1991..
40 CFR 266.23; LDR,           ....................  (137) HSC Division
 checklist 137.                                      20, 25143.2 amended
                                                     1996. California
                                                     did not adopt the
                                                     exemption.
40 CFR 266.30-266.35, 266.40  ....................  (85, 94) California
 (remove and reserve); BIF,                          did not adopt this
 checklists 85, 94.                                  regulation and,
                                                     thus, did not need
                                                     to remove it.
40 CFR 266.100; TC,           ....................  (105) 22 CCR
 checklists 105, 137;                                66261.24, amended
 Recovered Oil Exclusion,                            1994; (135) HSC
 checklist 135; BIF,                                 Division 20,
 checklist 105.                                      25143.2, amended
                                                     1996; HSC Division
                                                     20, 25144, amended
                                                     1995; 22 CCR
                                                     66266.100, adopted
                                                     July 31, 1996;
                                                     (137) 22 CCR
                                                     66266.100, amended
                                                     June 12, 1997.
40 CFR 266.100-266.112; BIF,  (98) 56 FR 43874,     (85, 94, 96, 98,
 checklists 85, 94, 96, 98,    Sept. 5, 1991;        111, 114, 125, 127)
 111, 114, 125, 127.           (114) 57 FR 44999,    22 CCR 66266.100-
                               Sept. 30, 1992;       66266.112, amended
                               (127) 58 FR 59598,    June 12, 1997.
                               Nov. 9, 1993.
40 CFR 266.103, 266.104;      ....................  (144) California did
 Removal of Legally Obsolete                         not adopt these
 Rules, checklist 144.                               rules and does not
                                                     need to repeal
                                                     them.
40 CFR 266.104, 266.106,      ....................  (158) 22 CCR
 266.107; TC, checklist 158.                         66266.104,
                                                     66266.106,
                                                     66266.107, amended
                                                     Nov. 12, 1998.

[[Page 33043]]

 
40 CFR 266, Appendices I-     ....................  (137) Appendix XIII,
 XIII; BIF, checklists 85,                           adopted July 31,
 94, 96, 111, 114, 125, 127;                         1996; (85, 94, 96,
 LDR, checklist 137; TC,                             111, 114, 125, 127)
 checklist 158.                                      Appendices I-XII,
                                                     amended June 12,
                                                     1997; (158) 22 CCR,
                                                     Division 4.5,
                                                     Chapter 16,
                                                     Appendix IX,
                                                     amended Nov. 12,
                                                     1998.
40 CFR 268.1; LDR, checklist  ....................  (124, 137) 22 CCR
 124, 137.                                           66268.1, amended
                                                     Aug. 15, 1997;
                                                     (137) California
                                                     did not adopt one
                                                     of the exemptions.
40 CFR 268.2; LDR,            ....................  (121) 22 CCR
 checklists 83, 109, 124,                            66260.10, amended
 137; CAMU, checklist 121.                           1996; (83, 109,
                                                     124, 137) 22 CCR
                                                     66260.10, amended
                                                     Aug. 15, 1997.
40 CFR 268.3; LDR, checklist  ....................  (102) California did
 102.                                                not adopt this
                                                     exemption.
40 CFR 268.5; LDR, checklist  ....................  (109) 22 CCR
 109.                                                66268.5, amended
                                                     Aug. 1997
                                                     (California is not
                                                     seeking to have
                                                     these extensions
                                                     delegated.)
40 CFR 268.7; TC, checklist   ....................  (83, 109, 124, 126,
 126; LDR, checklists 83,                            137) 22 CCR
 109, 124, 137.                                      66268.7, amended,
                                                     Oct. 28, 1997.
40 CFR 268.9; LDR,            ....................  (83, 109, 124, 137)
 checklists 83, 109, 124,                            22 CCR 66268.9,
 137.                                                amended Aug. 15,
                                                     1997.
40 CFR 268.14; LDR,           ....................  (109) California did
 checklist 109.                                      not adopt these
                                                     exemptions.
40 CFR 268.33; LDR,           ....................  (83) 22 CCR
 checklist 83.                                       66268.33, amended
                                                     Aug. 15, 1997.
40 CFR 268.35; LDR,           (103) 57 FR 20766,    (103, 106, 116, 123)
 checklists 103, 106, 116,     May 15, 1992; (106)   22 CCR 66268.33,
 123.                          57 FR 28628, June     66268.35, amended
                               26, 1992; (116) 57    Aug. 15, 1997.
                               FR 47772, Oct. 20,
                               1992; (123) 58 FR
                               28506, May 14, 1993.
40 CFR 268.36; LDR,           ....................  (109) 22 CCR
 checklist 109.                                      66268.36, amended
                                                     Aug. 15, 1997.
40 CFR 268.37; LDR,           ....................  (124) HSC Division
 checklist 124.                                      20, 25179, amended
                                                     1997; 22 CCR
                                                     66268.37, amended
                                                     Aug. 15. 1997.
40 CFR 268.38; LDR,           ....................  (137) 22 CCR
 checklist 137.                                      66268.38, amended
                                                     Aug. 15, 1997.
40 CFR 268.40-268.43,         ....................  (136) HSC Division
 268.45, 268.46; LDR,                                20, 25143.2,
 checklists 83, 95, 102,                             amended 1991; (134)
 109, 124, 137; TC,                                  22 CCR 66268.42,
 checklist 126, 134; Removal                         amended Oct. 16,
 of the Conditional                                  1995; (83) 22 CCR
 Exemption for Certain Slag                          66268.42(c),
 Residues, checklist 136.                            amended January 31,
                                                     1996; (83, 102,
                                                     124) 22 CCR
                                                     66268.40, amended
                                                     Aug. 15, 1997;
                                                     66268.42, amended
                                                     Oct. 15, 1997; (95,
                                                     137) 22 CCR
                                                     66268.40, 66268.41,
                                                     66268.42, amended
                                                     Aug. 15, 1997;
                                                     (109) 22 CCR
                                                     66268.40, 66268.41,
                                                     66268.45, amended
                                                     Aug. 15, 1997;
                                                     66268.42, 66268.43,
                                                     66268.46, amended
                                                     Jan. 31, 1996;
                                                     (137) 22 CCR
                                                     66268.43, amended
                                                     Aug. 15, 1997; 22
                                                     CCR 66268.45,
                                                     66268.46, amended
                                                     Jan. 31, 1996;
                                                     (126) 22 CCR
                                                     66268.40, amended
                                                     Nov. 12, 1998; 22
                                                     CCR 66268.41,
                                                     amended Aug. 15,
                                                     1997.
40 CFR 268.48; LDR,           ....................  (137) 22 CCR
 checklist 137.                                      66268.48, amended
                                                     Jan. 31, 1996.
40 CFR 268.50; LDR,           ....................  (109) 22 CCR
 checklist 109.                                      66268.50, amended
                                                     Apr. 3, 1996.
40 CFR 268, Appendices I,     ....................  (83, 109, 137) 22
 II, IV, V, VII, VIII, IX                            CCR Division 4.5,
 LDR, checklists 83, 109,                            Chapter 18,
 137; TC, checklist 126.                             Appendix II, IV, V,
                                                     VII, VIII, IX,
                                                     adopted Jan. 31,
                                                     1996; (126) 22 CCR
                                                     Division 4.5,
                                                     Chapter 18,
                                                     Appendix I, IX,
                                                     amended Oct. 28,
                                                     1997.
40 CFR 270.2; CAMU,           ....................  (121) 22 CCR
 checklist 121; Removal of                           66260.10, amended
 Legally Obsolete Rules,                             1996; (144)
 checklist 144; Public,                              California did not
 checklist 148.                                      adopt these rules
                                                     and does not need
                                                     to repeal them.
                                                     (148) 22 CCR
                                                     66260.10, amended
                                                     June 18, 1997.
40 CFR 270.4; Liners,         ....................  (100) 22 CCR 270.4,
 checklist 100 AirES,                                adopted July 19,
 checklist 154.                                      1995; (154)
                                                     California did not
                                                     adopt this
                                                     regulation.
40 CFR 270.6; TC, checklist   ....................  (126) 22 CCR
 126.                                                66260.11, amended
                                                     June 11, 1999.
40 CFR 270.10; Removal of     ....................  (144) California did
 Legally Obsolete Rules,                             not adopt these
 checklist 144.                                      rules and does not
                                                     need to repeal
                                                     them.
40 CFR 270.13; LDR,           ....................  (109) 22 CCR
 checklist 109.                                      66270.13, amended
                                                     Jan. 31, 1996.

[[Page 33044]]

 
40 CFR 270.14; AirES,         ....................  (79) 22 CCR
 checklist 79; LDR,                                  66270.14, amended
 checklist 109; Public,                              1993; (148) 22 CCR
 checklist 148.                                      66270.14, amended
                                                     Dec. 19, 1996;
                                                     (109) 22 CCR
                                                     66270.14, amended
                                                     Aug. 15, 1997.
40 CFR 270.14-270.17, AirES,  ....................  (87) 22 CCR
 checklists 87, 154, 163;                            66270.14, amended
 Liners, checklist 100.                              1993; (100) 22 CCR
                                                     66270.17, amended
                                                     July 19, 1995;
                                                     (154, 163) 22 CCR
                                                     66270.14-66270.17,
                                                     adopted June 11,
                                                     1999.
40 CFR 270.18; Liners,        ....................  (100) 22 CCR
 checklist 100.                                      66270.18, amended
                                                     June 30, 1997.
40 CFR 270.19; TC, checklist  ....................  (126) 22 CCR
 126.                                                66270.19, amended
                                                     Nov. 12, 1998.
40 CFR 270.21; Liners,        ....................  (100) 22 CCR
 checklist 100.                                      66270.21, amended
                                                     June 30, 1997.
40 CFR 270.22; BIF,           ....................  (85, 94) 22 CCR
 checklists 85, 94.                                  66270.22, adopted
                                                     July 1, 1996.
40 CFR 270.24-270.25; AirES,  ....................  (79, 87) 22 CCR
 checklists 79, 87.                                  66270.24-66270.25,
                                                     amended Dec. 28,
                                                     1993.
40 CFR 270.26; Wood,          ....................  (82, 92) 22 CCR
 checklists 82, 92.                                  66270.26, adopted
                                                     1994.
40 CFR 270.27; AirES,         ....................  (87, 154, 163) 22
 checklists 87, 154, 163.                            CCR 66270.27,
                                                     adopted June 11,
                                                     1999.
40 CFR 270.30; Public,        ....................  (148) 22 CCR
 checklist 148.                                      66270.30, amended
                                                     Dec. 19, 1996.
40 CFR 270.42, 270.43;        ....................  (85, 94) 22 CCR
 Appendix I, Closure,                                66270.42, amended
 checklist 64; BIF,                                  July 31, 1996; (64,
 checklists 85, 94; LDR,                             83, 85, 94, 109,
 checklists 83, 109, 124;                            121, 124) 22 CCR
 Liners, checklist 100,                              Division 4.5,
 CAMU, checklist 121.                                Chapter 20,
                                                     Appendix I, amended
                                                     July 31, 1996;
                                                     (100) 22 CCR
                                                     Division 4.5,
                                                     Chapter 20,
                                                     Appendix I, amended
                                                     June 30, 1997.
40 CFR 270.61, 270.62,        ....................  (85, 94) 22 CCR
 270.66; BIF, checklists 85,                         66270.66, amended
 94; TC, checklist 126;                              June 12, 1997;
 Public, checklist 148.                              (148) 22 CCR
                                                     66270.61, adopted
                                                     May 24, 1991; 22
                                                     CCR 66260.10,
                                                     66270.62, 66270.66
                                                     amended June 18,
                                                     1997; (126) 22 CCR
                                                     66270.62, 66270.66,
                                                     amended Nov. 12,
                                                     1998.
40 CFR 270.72-270.73; BIF,    ....................  (85, 94) 22 CCR
 checklists 85, 94; LDR,                             66270.72-66270.73,
 checklist 109.                                      amended July 31,
                                                     1996; (109) 22 CCR
                                                     66270.72, amended
                                                     July 31, 1996.
------------------------------------------------------------------------

BILLING CODE 6560-50-M

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

    State requirements that go beyond the scope of the Federal program 
are not part of the authorized program and EPA can not enforce them. 
Although you must comply with these requirements in accordance with 
California law, they are not RCRA requirements. We consider that the 
following State requirements, which pertain to the revisions involved 
in this tentative decision, go beyond the scope of the Federal program. 
The following analysis differs in some ways from the areas which 
California identified as being broader in scope than the Federal 
program in its application.
    1. The definition of ``remediation waste'' at 22 C.C.R. 
Sec. 66260.10 is broader in scope than the Federal definition at 40 CFR 
260.10 only to the extent California's definition includes hazardous 
substances which are neither ``hazardous wastes'' nor ``solid wastes.''
    2. 22 C.C.R. Sec. 66264.552(e)(4)(A)(2) is broader in scope than 40 
CFR 264.552(e)(4)(i)(B) only to the extent the California provision 
controls the escape of ``hazardous substances'' which are not 
``hazardous waste,'' ``hazardous constituents,'' ``leachate,'' 
``contaminated runoff'' or ``hazardous waste decomposition products.''
    3. California's program is broader in scope than the Federal 
program to the extent it regulates spent wood preserving solutions that 
have been used and are reclaimed and reused for their original intended 
purpose and wastewaters from the wood preserving process that have been 
reclaimed and are reused to treat wood. These materials are excluded 
from the Federal definition of solid waste by virtue of 40 CFR 
261.4(a)(9)(i) and (ii), respectively.
    4. HSC Sec. 25144(c) is broader in scope than 40 CFR 261.4(a)(12) 
since the California provision exempts oil recovery process units and 
associated storage units from regulation, rather than exempting 
recovered oil from the definition of solid waste, which is what the 
Federal provision does. Thus, the State program is broader in scope 
than the Federal program to the extent California regulates recovered 
oil not contained in such recovery process units or associated storage 
units.
    5. HSC Sec. 25143.2(c)(1) was broader in scope than was former 
section 40 CFR 261.6(a)(3)(vi) (renumbered as 261.6(a)(3)(v) in 1995 
(60 FR 25492 \1\), which exempted from regulation petroleum coke 
produced from petroleum refinery hazardous waste containing oil 
produced by the same person who generated the waste unless the 
resulting coke product was characteristically hazardous. HSC 
Sec. 25143.2(c)(1), which was part of the authorized program, was not 
amended to conform to the changes made to 40 CFR 261.6(a)(3)(vi) in 
1994. At that time, the Federal exemption was expanded to include 
petroleum coke produced by the same person who generated the petroleum 
hazardous waste containing oil, rather than being limited to petroleum 
coke produced at the same facility at which such wastes were generated. 
The State's exemption retains the ``at the same facility''

[[Page 33045]]

language and, to this extent, is broader than the Federal 
requirement.\2\
---------------------------------------------------------------------------

    \1\ 40 CFR 261.6(a)(3)(v) was superceded by 40 CFR 261.4(a)(12) 
in 1998 (63 FR 42110).
    \2\ The 1998 revision to 40 CFR 261.4(a)(12) changed the Federal 
requirement again to limit the exemption to materials which are 
inserted into the same petroleum refinery where they are generated 
or sent directly to another petroleum refinery. Thus the State's 
exemption remains narrower than the Federal exemption in this 
respect.
---------------------------------------------------------------------------

    6. California does not have the Federal exclusion found at 40 CFR 
261.4(b)(13), which excludes from the definition of hazardous waste 
non-terne plated used oil filters that are not mixed with hazardous 
wastes if those filters are gravity hot drained in accordance with 
specified procedures. To the extent California regulates such oil 
filters, its program is broader in scope than the Federal program.
    7. California has not adopted the Federal exclusion found at 40 CFR 
261.4(a)(10). This provision excludes from the definition of solid 
waste K060, K070, K087, K141, K142, K143, K145, K147, K148, and those 
coke by-product residues that are hazardous only because they exhibit 
the toxicity characteristic when, subsequent to generation, these 
wastes are recycled by being returned to coke ovens, to the tar 
recovery process as a feedstock to produce coal tar or mixed with coal 
tar. The Federal exclusion is conditioned on there being no land 
disposal of the waste from the point of generation to the point of 
recycling. Thus, the absence of this exemption makes the California 
program broader than the Federal program in this respect.
    8. California has not adopted the Federal provision at 40 CFR 
266.100(b)(3), which exempts from regulation the burning of wastes 
produced by conditionally exempt small quantity generators (see also 40 
CFR 261.5). Thus, California's program is broader in scope than the 
Federal program in this respect.
    9. California has not adopted the Federal provision at 40 CFR 
266.100(b)(4), which excludes from regulation coke ovens if the only 
hazardous waste burned is K087, decanter tank tar sludge from coking 
operations. The Federal provision was a necessary corollary to EPA's 
removal of the coke and coal tar exemption (formerly 40 CFR 
261.6(a)(3)(vii)) due to the reclassification of coke and coal tar as 
products under 40 CFR 261.4(a)(10) in 1991. California had not adopted 
the exemption as part of the base program, nor did it adopt the 1991 
exemption at 40 CFR 261.4(a)(10). Thus, the California program is 
broader in scope than the Federal program to the extent California 
regulates coke ovens that solely burn K087.
    10. The California provision at 22 C.C.R. Sec. 66266.100(b)(3) 
excludes from regulation in boilers and industrial furnaces (``BIFs'') 
those materials which are exempted from regulation at 22 C.C.R. 
Sec. 66261.4. This provision tracks the Federal provision at 40 CFR 
266.100(b)(3), which excludes from regulation in BIFs those materials 
which are exempted from regulation at 40 CFR 261.4. The Federal 
provision at 40 CFR 261.4 includes more exemptions than the State 
provision at 22 CCR Sec. 66266.4 and, therefore, California's BIF 
program is broader in scope than the Federal program in this respect.
    11. 40 CFR 261.4(a)(11) excludes from the definition of solid 
waste, non-wastewater splash condenser dross residue from the treatment 
of K061 in high temperature metals recovery units provided it is 
shipped in drums (if shipped) and is not land disposed before recovery. 
California has not adopted this exclusion and its program is thus 
broader in scope than the Federal program in this respect.
    12. California's program is broader in scope than the Federal 
program with respect to the regulation of secondary materials that are 
recycled back into secondary production processes from which they were 
generated. 40 CFR 261.2(e)(1)(iii) exempts such materials, so long as 
the materials are managed such that there is no placement on the land. 
HSC 25143.2(b)(3), as restricted by HSC sections 25143.2(e) and 
25143.9, which is the State's analogue to 40 CFR 261.2(e)(1)(iii), 
excludes only recyclable materials that are returned to a primary 
process.

I. Who Handles Permits After the Authorization Takes Effect?

    California will issue permits for all the provisions for which it 
is authorized and will administer the permits it issues. All permits 
issued by EPA prior to California being authorized for these revisions 
will continue in force until the effective date of the State's issuance 
or denial of a State RCRA permit, or the permit otherwise expires or is 
revoked. California will administer any RCRA hazardous waste permits or 
portions of permits which EPA issued prior to the effective date of 
this authorization until such time as California has issued a 
corresponding State permit. EPA will not issue any more new permits or 
new portions of permits for provisions for which California is 
authorized after the effective date of this authorization. EPA will 
retain responsibility to issue permits needed for HSWA requirements for 
which California is not yet authorized.

J. How Would Authorizing California for These Revisions Affect 
Indian Country (18 U.S.C. 115) in California?

    California is not authorized to carry out its hazardous waste 
program in Indian country within the State. A map of Indian Country in 
California can be found on the world wide web at http://www.epa.gov/region09/cross_pr/indian/maps. A list of Indian Tribes in California 
can be found on the web at http://www.doi.gov/bureau-indian-affairs; it 
is complete except for two newly listed tribes, Graton and Lower Lake 
Rancherias. Therefore, this proposed action would have no effect on the 
Indian country so described, including Graton and Lower Lake 
Rancherias. EPA will continue to implement and administer the RCRA 
program in Indian country within the State.

K. Administrative Requirements

    The Office of Management and Budget has exempted RCRA 
authorizations from the requirements of Executive Order 12866 (58 FR 
51735, October 4, 1993) and, therefore, a decision to authorize 
California for these revisions is not subject to review by OMB. This 
authorization will effectively suspend the applicability of certain 
Federal regulations in favor of California's program, thereby 
eliminating duplicative requirements for handlers of hazardous waste in 
the State. Authorization will not impose any new burdens on small 
entities. Accordingly, I certify that authorization for these revisions 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because implementing this proposal would authorize pre-existing 
requirements under State law and would not impose any additional 
enforceable duty beyond that required by State law, it will not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). For the same reason, this proposed rule does not have 
tribal implications within the meaning of Executive Order 13175 (65 FR 
67249, November 6, 2000). It does not have substantial direct effects 
on Tribal governments, on the relationship between the Federal 
government and the Indian tribes, or on the distribution of power and 
responsibility between the Federal government and Indian tribes, as 
specified in Executive Order 13175. Authorization will not have 
substantial direct effects on the states, on the relationship between 
the national

[[Page 33046]]

government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. A 
decision to authorize California for these revisions also is not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
it is not economically significant and it does not make decisions based 
on environmental health or safety risks. The proposed rule does not 
include environmental justice related issues that require consideration 
under Executive Order 12898 (59 FR 7629, February 16, 1994).
    Under RCRA 3006(b), EPA grants a state's application for 
authorization as long as the state meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a state authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of a decision to authorize 
California for these revisions in accordance with the Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings issued under the Executive Order. A 
decision to authorize California's revisions will not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 record keeping requirements.

    Authority: This proposed 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: June 12, 2001.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. 01-15481 Filed 6-19-01; 8:45 am]
BILLING CODE 6560-50-P