[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Proposed Rules]
[Pages 1931-1937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-626]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7127-6]


Washington: Proposed Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed 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 reviewed Washington's application and 
made the preliminary decision that these changes satisfy all 
requirements needed to qualify for final authorization, and is 
proposing to authorize the State's changes.

DATES: EPA will accept written comments on the Agency's preliminary 
decision to authorize changes to the State of Washington's hazardous 
waste management program which are received at the address below on or 
before February 14, 2002.

ADDRESSES: Send written comments to Nina Kocourek, U.S. EPA, Region 10, 
Office of Waste and Chemicals Management, 1200 Sixth Avenue, Mail Stop 
WCM-122, Seattle, WA 98101, phone, (206) 553-6502. You can examine 
copies of the materials submitted by Washington during normal business 
hours at the following locations: EPA Region 10 Library, 1200 Sixth 
Avenue, Seattle WA 98101, phone, (206) 553-1289; and at the Washington 
Department of Ecology, 300 Desmond Drive, WA 98503; Ecology contact is 
Patricia Hervieux at (360) 407-6756.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA Region 10, 
Office of Waste and Chemicals Management, 1200 Sixth Avenue, Mail Stop 
WCM-122, Seattle, WA, 98101; (206) 553-6502. For general information 
available on the authorization process, see EPA's website at: http://www.epa.gov/epaoswer/hazwaste/state/rcra.

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 and consistent with the Federal program. 
States are required to have enforcement authority which is adequate to 
enforce compliance with the requirements of the hazardous waste 
program. Under RCRA section 3009, States are not allowed to impose any 
requirements which are 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 Title 40 of 
the 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 preliminary determination that Washington's 
program, as revised, meets the statutory and regulatory requirements 
established by RCRA. Therefore, we are proposing to grant Washington 
final authorization to operate its hazardous waste program with the 
changes described in the authorization application and as described in 
this proposed rule. Regulatory revisions which are less stringent than 
Federal program requirements and those regulatory revisions which are 
broader in scope than Federal program requirements will not be 
authorized.

[[Page 1932]]

    Washington's authorized program will be 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. Washington's authorized program does not extend to 
Indian country, except that Washington does have jurisdiction over 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 Indian country and 
over trust lands, Indians and Indian activities within the 1873 Survey 
Area.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA are 
implementable by EPA and take effect in States with authorized programs 
before such programs are authorized for the requirements. Thus, EPA 
will implement those HSWA requirements and prohibitions in Washington, 
including issuing permits, until the State is granted authorization to 
do so.

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

    If Washington is authorized for these changes, a facility in 
Washington subject to RCRA will have to comply with the authorized 
State program 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 and 
will have enforcement responsibilities for the revisions which are the 
subject of this proposed rule once a final rulemaking becomes 
effective. EPA continues to have independent enforcement 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, including State program 
requirements 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 will not impose additional 
requirements on the regulated community because the regulations for 
which Washington's program will be authorized are already effective 
under State law.

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

    If the EPA receives significant written comments on 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 this authorization, 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 State's 
dangerous waste management program. EPA granted authorization for 
changes to Washington's 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 April 29, 1996 (61 FR 7736); 
September 22, 1998, effective October 22, 1998 (63 FR 50531) and on 
October 12, 1999 effective January 11, 2000 (64 FR 55142).

F. What Changes Are We Proposing to Washington's Authorized 
Program?

    EPA is proposing to authorize revisions to Washington's authorized 
program described in Washington's official program revision 
application, submitted to EPA on August 2, 2001, and deemed complete by 
EPA on September 19, 2001. We have made a preliminary determination 
that Washington's hazardous waste program revisions, as described in 
this proposed rule, satisfy the requirements necessary to qualify for 
final authorization. Regulatory revisions which are less stringent than 
Federal program requirements and those regulatory revisions which are 
broader in scope than Federal program requirements will not be 
authorized.
    The following table, Table 1, identifies equivalent and more 
stringent analogues to the Federal regulations for those regulatory 
revisions Washington is seeking authorization for. All of the 
referenced analogous state authorities were legally adopted and 
effective as of June 10, 2000.

                Table 1.--Equivalent and More Stringent Analogues to the Federal Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                        Federal                                 Analogous State authority  (WAC
            Checklist                requirements         Federal Register               173-303-* * *)
----------------------------------------------------------------------------------------------------------------
17P \2\.........................  Interim Status....  50 FR 28702, 7/15/85...  803(1), 803(2); 806(2)(a)
                                                                                806(2)(b); 806(8); 803(2)(a),
                                                                                803(2)(b); 810(11)(c),
                                                                                810(11)(e); 805(1)(b),
                                                                                805(1)(c), 805(8)(f)(i),
                                                                                805(8)(f)(ii), 805(8)(g),
                                                                                805(8)(h), 805(8)(i), 805(8)(j).
144.............................  Removal of Legally  60 FR 33912, 06/29/95..  803(2)(b), 803(4)(b),
                                   Obsolete Rules.                              803(5)(a)(i), 803(5)(a)(i)(A),
                                                                                803(5)(a)(i)(B),
                                                                                803(5)(a)(i)(C).
148 \2\.........................  RCRA Expanded       60 FR 63417, 12/11/95..  281(4) and 281(4)(a), 281(4)(b),
                                   Public                                       281(4)(c), 281(4)(d),
                                   Participation.                               281(4)(d)(i), 281(4)(d)(i)(A),
                                                                                281(4)(d)(i)(B),
                                                                                281(4)(d)(i)(C),
                                                                                281(4)(d)(i)(D), 281(4)(d)(ii),
                                                                                281(4)(d)(ii)(A),
                                                                                281(4)(d)(ii)(B),
                                                                                281(4)(d)(ii)(C),
                                                                                281(4)(d)(ii)(D),
                                                                                281(4)(d)(ii)(E); 281(5),
                                                                                281(5)(a), 281(5)(b),
                                                                                281(5)(b)(i), 281(5)(b)(ii),
                                                                                281(5)(b)(ii)(A),
                                                                                281(5)(b)(ii)(B),
                                                                                281(5)(b)(ii)(C),
                                                                                281(5)(b)(ii)(D),
                                                                                281(5)(b)(ii)(E),
                                                                                281(5)(b)(ii)(F),
                                                                                281(5)(b)(iii), 281(6) and
                                                                                281(6)(a), 281(6)(b), 281(6)(c),
                                                                                281(6)(d), 281(6)(e), 281(6)(f);
                                                                                040; 806(4)(a)(xxv); 810(16);
                                                                                804(6)(a); 807(6), 807(6)(a),
                                                                                807(6)(b), 807(6)(b)(i),
                                                                                807(6)(b)(ii), 807(6)(b)(iii),
                                                                                807(6)(b)(iv), 807(7), 807(8)-
                                                                                (11), 807 (14).

[[Page 1933]]

 
151.............................  Land Disposal       61 FR 15566, 04/08/96;   140 (2)(a).
                                   Phase III--         61 FR 15660,04/08/96;
                                   Decharacterized     61 FR 19117, 04/30/96;
                                   Wastewaters,        61 FR 33680, 06/28/96;
                                   Carbamate Wastes,   61 FR 36421, 07/10/96;
                                   and Spent           61 FR 43924, 08/26/96;
                                   Potliners.          62 FR 7502, 02/19/97.
153.............................  Conditionally       61 FR 34252, 07/01/96..  070(8)(b), 070(8)(b)(iii),
                                   Exempt Small                                 070(8)(b)(iii)(A),
                                   Quantity                                     070(8)(b)(iii)(B),
                                   Generator                                    070(8)(b)(iii)(E),
                                   Disposal Options                             070(8)(b)(iii)(F),
                                   Under Subtitle D.                            070(8)(b)(iii)(D),
                                                                                070(8)(b)(iii)(H).
154 \2\.........................  Consolidated        59 FR 62896, 12/06/94;   692(3);
                                   Organic Air         60 FR 26828, 05/19/95;   110(3)(g)(ix),110(3)(g)(x);
                                   Emission            60 FR 50426, 09/29/95;   120(4)(d), 120(4)(e);
                                   Standards for       60 FR 56952, 11/13/95;   200(1)(b)(i), 200(1)(b)(ii);
                                   Tanks, Surface      61 FR 4903, 02/09/96;    201(e); 300(5)(f), 300(5)(i),
                                   Impoundments, and   61 FR 28508, 06/05/96;   300(5)(i)(A), 300(5)(i)(B);
                                   Containers:         61 FR 59932, 11/25/96.   320(2)(c); 380(1)(c), 380(1)(f),
                                   (Includes CC and                             390(3)(d); 630(11); 640(11);
                                   the 300 hour BB                              650(12); 680(2); 690(1)(b),
                                   exemption).                                  690(1)(b)(i), 690(1)(b)(ii),
                                                                                690(1)(b)(iii), 690(1)(c),
                                                                                690(2); 691(1)(b), 691(1)(b)(i),
                                                                                691(1)(b)(ii), 691(1)(b)(iii),
                                                                                691(1)(f), 691/note at end of
                                                                                (1), 691(2); 692(1)(a),
                                                                                692(1)(b), 692(1)(b)(i),
                                                                                692(1)(b)(ii), 692(1)(b)(iii),
                                                                                692(1)(b)(iv), 692(1)(b)(v),
                                                                                692(1)(b)(vi), 692(1)(b)(vii),
                                                                                692(1)(b)(viii), 692(1)(c),
                                                                                692(1)(d), 692(1)(d)(i),
                                                                                692(1)(d)(ii), 692(1)(d)(iii);
                                                                                692(2); 400(2)(a); 300(5)(f),
                                                                                300(5)(i), 300(5)(i)A),
                                                                                300(5)(i)(B); 320(2)(c);
                                                                                380(1)(c), 380(1)(f); 390(3)(d);
                                                                                400(3)(a); 810(8)(a)(ii),
                                                                                810(8)(a)(iii), 810(8)(a)(iv);
                                                                                806(4)(a)(v), 806(4)(b)(vi),
                                                                                806(4)(c)(xiii), 806(4)(d)(xi),
                                                                                806(4)(m).
156 \2\.........................  Military Munitions  62 FR 6622, 02/12/97...  040; 016(3)(b)(iii),
                                   Rule Hazardous                               016(3)(b)(iv); 170(5); 180(6);
                                   Waste                                        240 (10); 600(3)(p),
                                   Identification                               600(3)(p)(i)(D), 600(3)(p)(iv),
                                   and Management;                              600(3)(q); 693(l), 693(2)(a),
                                   Explosives                                   693(2)(a)(i), 693(2)(a)(ii),
                                   Emergencies;                                 693(2)(a)(iii), 693(2)(a)(iv),
                                   Manifest                                     693(2)(a)(v), 693(2)(b),
                                   Exemption for                                693(2)(b)(i), 693(2)(b)(i)(A),
                                   Transport of                                 693(2)(b)(i)(B),
                                   Hazardous Waste                              693(2)(b)(i)(B)(I)-(III),
                                   on Right-of-Ways                             693(2)(b)(i)(C), 693(2)(b)(ii),
                                   on Contiguous                                693(2)(b)(iii), 693(2)(c),
                                   Properties.                                  693(2)(d), 693(2)(e), 693(2)(f);
                                                                                693(3)(a , 693(3)(b);
                                                                                400(2)(c)(xiii)(A)(IV),
                                                                                400(2)(c)(xiii)(D),
                                                                                400(2)(c))(xii), 400(3)(b);
                                                                                400(3)(c)(xii); 578(1)(a),
                                                                                578(1)(b), 578(2)(a),
                                                                                578(2)(a)(i), 578(2)(a)(i)(A),
                                                                                578(2)(a)(i)(B),
                                                                                578(2)(a)(i)(C), 578(2)(a)(ii),
                                                                                578(2)(b), 578(2)(b)(i),
                                                                                578(2)(b)(ii), 578(2)(b)(iii),
                                                                                578(2)(b)(iv), 578(2)(c),
                                                                                578(2)(c)(i), 578(2)(c)(ii),
                                                                                578(2)(d), 578(3), 578(4)(a),
                                                                                578(4)(a)(i), 578(4)(a)(i)(A),
                                                                                578(4)(a)(i)(B),
                                                                                578(4)(a)(i)(C),
                                                                                578(4)(a)(i)(D),
                                                                                578(4)(a)(i)(E),
                                                                                578(4)(a)(i)(F),
                                                                                578(4)(a)(i)(G), 578(4)(a)(ii),
                                                                                578(4)(a)(iii), 578(4)(b),
                                                                                578(4)(c); 578(5);
                                                                                800(7)(c)(i)(D),
                                                                                800(7)(c)(i)(E); 830(4)(h),
                                                                                830(4)(h)(i), 830(4)(h)(ii),
                                                                                830(4)(h)(iii), 830(4)(i).
157.............................  Land Disposal       62 FR 25998, 05/12/97..  040; 016(2)(l), 016(2)(m),
                                   Restrictions                                 016(2)(n), 016(2)(o); 016(5)
                                   Phase IV--                                   Table 1; 071(3)(ff), 071(3)(gg),
                                   Treatment                                    071(3)(gg)(i), 071(3)(gg)(ii);
                                   Standards for                                120(2)(a)(iv); 140(2)(a).
                                   Wood Preserving
                                   Wastes, Paperwork
                                   Reduction and
                                   Streamlining,
                                   Exemptions From
                                   RCRA for Certain
                                   Processed
                                   Materials; and
                                   Miscellaneous
                                   Hazardous Waste
                                   Provisions.
158.............................  Testing Monitoring  62 FR 32452, 06/13/97..  110(1); 110(3)(h)(v),
                                   Activities                                   110(3)(h)(vi), 110(3)(g)(i),
                                   Amendment III.                               110(3)(g) (ii), 110(3)(g)(iii),
                                                                                110(3)(g)(iv), 110(3)(g)(v),
                                                                                110(3)(g)(vi), 110(3)(g)(viii),
                                                                                110(3)(h)(i), 110(3)(a),
                                                                                110(3)(h)(ii), 110(3)(h)(iii),
                                                                                110(3)(h)(vii), 110(3)(g)(x);
                                                                                690(2); 691(2); 645(4)(a);
                                                                                400(3)(a).
162.............................  Clarification of    62 FR 64504, 12/05/97..  140 (2)(a).
                                   Standards for
                                   Hazardous Waste
                                   LDR Treatment
                                   Variances.

[[Page 1934]]

 
163.............................  Organic Air         62 FR 64636, 12/08/97..  320(2)(c); 380(1)(f);
                                   Emission                                     690(1)(b)(iii), 690(1)(c),
                                   Standards for                                690(1)(d); 690(2);
                                   Tanks, Surface                               691(1)(b)(iii), 691(1)(c),
                                   Impoundments, and                            691(1)(f), 691(2); 692(1)(b)(i),
                                   Containers;                                  692(1)(c), 692(2); 320(2)(c);
                                   Clarification and                            400(3)(a); 806(4)(a)(v).
                                   Technical
                                   Amendment: (AA,
                                   BB, CC).
164.............................  Kraft Mill Steam    62 FR 18504, 04/15/98..  071(3)(mm).
                                   Stripper
                                   Condensate
                                   Exclusion.
167A............................  Land Disposal       63 FR 28556, 05/26/98..  140(2)(a).
                                   Restriction Phase
                                   IV--Treatment
                                   Standards for
                                   Metal Wastes and
                                   Mineral
                                   Processing Wastes.
167B............................  Land Disposal       63 FR 28556, 05/28/98..  140(2)(a).
                                   Restriction Phase
                                   IV--Hazardous
                                   Soils Treatment
                                   Standards and
                                   Exclusions.
167C............................  Land Disposal       63 FR 28556, 05/26/98..  140(2)(a).
                                   Restrictions
                                   Phase IV--
                                   Corrections.
167F............................  Exclusion of        63 FR 28556, 05/26/98..  071(3)(w)(iii),
                                   Recycled Wood                                071(3)(w)(iii)(A),
                                   Preserving                                   071(3)(w)(iii)(B),
                                   Wastewater.                                  071(3)(w)(iii)(C),
                                                                                071(3)(w)(iii)(D),
                                                                                071(3)(w)(iii)(E).
169 \2\.........................  Petroleum Refining  63 FR 42110, 08/06/98..  071(3)(p), 071(3)(jj);
                                   Process Wastes.                              071(3)(cc)(i), 071(3)(cc)(ii),
                                                                                071(3)(hh), 071(3)(hh)(i),
                                                                                071(3)(hh)(ii), 071(3)(ii);
                                                                                016(5)(d)(ii); 120
                                                                                (2)(a)(viii)(c); 9904; 082(4);
                                                                                140(2)(a).
170.............................  Land Disposal       63 FR 46332, 08/31/98..  140(2)(a).
                                   Restrictions
                                   Phase IV--Zinc
                                   Micro nutrient
                                   Fertilizers,
                                   Amendment.
171.............................  Emergency Revision  63 FR 47410, 09/04/98..  140(2)(a).
                                   of the Land
                                   Disposal
                                   Restrictions
                                   (LDR) Treatment
                                   Standards for
                                   Listed Hazardous
                                   Wastes from
                                   carbamate
                                   Production.
172.............................  Land Disposal       63 FR 48124, 09/09/98..  140(2)(a).
                                   Restriction Phase
                                   IV--Extension of
                                   Compliance Date
                                   for
                                   Characteristic
                                   Slags.
173.............................  Land Disposal       63 FR 51254, 09/24/98..  140(2)(a).
                                   Restrictions;
                                   Treatment
                                   Standards for
                                   Spent Potliners
                                   from Primary
                                   Aluminum
                                   Reduction Rule
                                   (K088); Final
                                   Rule.
174 \3\.........................  Post Closure        63 FR 56710, 10/22/98..  645(1)(e), 645(1)(e)(i),
                                   Permit                                       645(1)(e)(ii); 610(1)(d),
                                   Requirement and                              610(1)(d)(i), 610(1)(d)(ii);
                                   Closure Process:                             610(3)(a)(ix), 610(3)(b)(ii)(D);
                                   Requirements for                             610(8)(b)(iv), 610(8)(d)(ii)(D);
                                   alternative                                  620(1)(d), 620(1)(d)(i),
                                   groundwater                                  620(1)(d)(ii); 400(3)(a).
                                   monitoring
                                   requirements for
                                   regulated units
                                   colocated with
                                   SWMU's where both
                                   types of units
                                   have released to
                                   the environment..
175 \2\.........................  HWIR-Media........  63 FR 65874, 11/30/98..  040; 071(3)(11) first line,
                                                                                071(3)(11)(i) through (iii);
                                                                                280(5); 280(6), 280(6)(a),
                                                                                280(6)(b), 280(6)(c), 280(6)(d),
                                                                                280(6)(e), 280(6)(f), 280(6)(g),
                                                                                280(6)(h), 280(6)(i), 280(6)(j),
                                                                                280(6)(k); 646(1)(c); 646(4)(a),
                                                                                646(7)(a), 646(8); 400(2)(a);
                                                                                140(2)(a); 810(13)(a); 830
                                                                                Appendix 1, D.3.g.; 830,
                                                                                Appendix 1, N.3.
176.............................  Universal Waste     63 FR 71225, 12/24/98..  520(1), 520(2), 520(2)(a),
                                   Rule--Technical                              520(2)(b), 520(2)(c); 040.
                                   Amendments.
177.............................  Organic Air         64 FR 3382, 01/21/99...  200(1)(b)(i), 200(1)(b)(ii);
                                   Emission                                     690(2); 692(1)(v), 692(2);
                                   Standards                                    400(3), 400(3)(a).
                                   Clarification and
                                   Technical
                                   Amendments: (AA,
                                   BB, CC).

[[Page 1935]]

 
178.............................  Petroleum Refining  64 FR 6806, 02/11/99...  071(3)(kk), 071(3)(kk)(i),
                                   Process Wastes--                             071(3)(kk)(ii), 071(3)(kk)(iii),
                                   Leachate                                     071(3)(kk)(vi), 071(3)(kk)(v).
                                   Exemption.
179 \2\.........................  Land Disposal       64 FR 25408, 05/11/99..  016(5)(c); 016 Table 1;
                                   Phase IV--                                   017(2)(a)(iii); 201(2);
                                   Technical                                    140(2)(a).
                                   Corrections and
                                   Clarifications to
                                   Treatment
                                   Standards.
180.............................  Test Procedures     64 FR 26315, 05/14/99..  110(3)(a), 110(3)(h)(iv).
                                   for Analysis of
                                   Oil and Grease
                                   and Non-Polar
                                   Material.
181 \2\.........................  Universal Waste     64 FR 36466, 07/09/99..  040; 077(2), 077(3);
                                   Rule Specific                                600(3)(o)(ii), 600(3)(o)(iii);
                                   Provisions for                               400(2)(c)(xi)(B),
                                   Hazardous Waste                              400(2)(c)(xi)(C); 140(2)(a);
                                   Lamps.                                       800(7)(c)(iii)(B),
                                                                                800(7)(c)(iii)(C);
                                                                                573(1)(a)(ii), 573(1)(a)(iii),
                                                                                573(2)(a)(i), 573(2)(b)(ii),
                                                                                573(2)(b)(iii), 573(3)(a);
                                                                                573(5)(a), 573(5)(b),
                                                                                573(5)(b)(i), 573(5)(b)(ii),
                                                                                573(5)(c), 573(5)(c)(i),
                                                                                573(5)(c)(ii), 573(4)(a),
                                                                                573(4)(a)(i), 573(4)(a)(ii),
                                                                                573(4)(b), 573(6), 573(9)(c),
                                                                                573(9)(c)(i), 573(9)(c)(ii),
                                                                                573(9)(c)(iii), 573(10)(c),
                                                                                573(17), 573(19)(b)(iv),
                                                                                573(19)(b)(v), 573(20)(c),
                                                                                573(20)(c)(i), 573(20)(c)(ii),
                                                                                573(20)(c)(iii), 573(21)c),
                                                                                573(28), 573(35)(a), 573(40)(a).
112, 122, 130, 166 (Special       Recycled Used Oil   57 FR 41566, 09/10/92;   040; 515(4); 071(3)(z),
 Consolidated Checklist \2\).      Management          58 FR 26420, 05/03/93;   071(3)(kk); 120(3); 120(3)(g),
                                   Standards as of     58 FR 33341, 06/17/93;   120(3)(f); 120(2)(v),
                                   June 30, 1999.      59 FR 10550, 03/04/94;   120(2)(a)(viii)(A),
                                                       63 FR 24963, 05/06/98;   120(2)(a)(viii)(B),
                                                       63 FR 37780, 07/14/98.   120(2)(a)(viii)(C), 120(5);
                                                                                600(5); 510(1)(b)(i); 515(2),
                                                                                515(3), 515(4), 515(5), 515(6),
                                                                                515(6)(c), 515(7), 515(8),
                                                                                515(9), 515(9)(a), 515(9)(b),
                                                                                515(10), 515(11), 515(12).
----------------------------------------------------------------------------------------------------------------
\1\ For further discussion on where the revised state rules differ from the Federal rules refer to Section G.
  below, the authorization revision application, and the administrative record for this proposed rule.
\2\ State rule contains some more stringent provisions. For identification of more stringent state provisions
  refer to the authorization revision application and the administrative record for this decision.
\3\ State does not seek authorization for enforceable mechanisms in lieu of post-closure permits.

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

    This section discusses some of the differences between the 
revisions Washington proposed to its authorized program and the Federal 
regulations. Not all program differences are discussed in this section 
because Washington writes its own version of the federal hazardous 
waste rules. This section discusses certain rules where EPA is making a 
finding that the state program is more stringent and will be 
authorized, rules where the state program is broader in scope and will 
not be authorized, and rules where the state program is less stringent 
than the federal requirements. The state will not be authorized for the 
less stringent rules. Less stringent state rules do not supplant 
federal regulations. Persons must consult the table referenced above 
for the specific state regulations which EPA proposes to authorize.
    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 program has excluded these 
requirements from its state regulations and EPA will continue to 
implement these requirements. EPA will continue to implement these 
requirements under EPA's HSWA authority. The State is seeking 
authorization for 40 CFR 268.44(h) through (m), which are provisions 
for which states may receive authorization.
    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. This section does not discuss 
each more stringent finding made by EPA, but persons can locate such 
sections by consulting the Table, referenced above, as well as by 
reviewing the docket for this rule.
    The State program does not provide generators with an exemption 
from the manifest requirements as found in the federal regulations at 
40 CFR 262.20(f) or transporters as found at 40 CFR 263.10(f). 
Generators and transporters in Washington will have to comply with the 
more stringent state paperwork requirements. The State program is more 
stringent than the federal program because the State regulations do not 
allow Remedial Action Plans as found in the federal requirements at 40 
CFR part 270, subpart H. The State's program is more stringent than the 
federal program at 40 CFR 261.5(j) because the State has not adopted 
this provision. Conditionally exempt small quantity generator hazardous 
waste mixed with used oil is subject to full regulation as a hazardous 
waste mixture. The State program is also more stringent than the 
federal requirements at 40 CFR 273.9 because the State's definition of 
universal waste does not allow

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pesticides to be managed as universal waste.
    The State program is more stringent in certain places than the 
federal military munitions rule. The State did not adopt the 
alternative requirements for transportation of waste military munitions 
between military installations as is found in the federal program at 40 
CFR 266.203(a)-(c) and is therefore more stringent than the federal 
program. With respect to chemical agents and chemical munitions slated 
for destruction pursuant to international treaties or agreements, the 
State identifies such chemical agents and chemical munitions as 
characteristic and/or listed hazardous waste. In the Military Munitions 
Rule, at 62 FR 6633, EPA said that states could be more stringent than 
the federal program for chemical munitions. EPA finds the State program 
to be more stringent than the federal program in this area because the 
State rules do not contain a provision that differentiates between 
wastes that must be designated and waste chemical munitions or chemical 
munitions that are not considered wastes because they are scheduled for 
destruction pursuant to treaty or agreement. The State's regulations at 
WAC 173-303-693(3)(a) are found to be more stringent than the federal 
regulation at 40 CFR 264.1202(a) and WAC 173-303-400(3)(b), (c)(xii) is 
found to be more stringent than the federal regulation at 40 CFR 
265.1202(a). EPA also said, at 62 FR 6649 in the Military Munitions 
Rule, that states did not have to include a conditional exemption for 
waste munitions storage in their programs. EPA also finds that the 
State's lack of a conditional exemption for waste munition storage, 
which is found in the federal regulations at 40 CFR 266.205(d), (d)(2), 
is more stringent than the federal program. Neither the federal 
regulations, nor the State program conditionally exempt chemical 
munitions and chemical agents from storage requirements.
    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. Because the 
State has not adopted an analog to 40 CFR 261.4(b)(7)--exclusions for 
solid waste from the extraction, beneficiation, 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 broader 
in scope than the federal program. EPA also finds the State's 
regulation at WAC 173-303-578(2)(e) to be broader in scope than the 
federal regulation at 40 CFR 266.202(a) because the State added a 
requirement for when munitions at closed and transferred ranges are 
considered solid wastes. EPA's final Military Munitions Rule did not 
include this requirement. This requirement in the State program is 
found to be 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's additional 
regulation at WAC 173-303-515(6) for generators of used oil who self-
transport greater than 55 gallons per vehicle trip to a used oil 
collection center, without also designating as a used oil transporter, 
are less stringent than the federal provisions which limit generator 
self-transport of used oil to less than or equal to 55 gallons of used 
oil per vehicle trip. EPA also finds the State's additional regulation 
at WAC 171-303-515(7) for used oil collection centers to be less 
stringent because the regulation allows used oil collection centers to 
accept greater than 55 gallons of used oil from a generator who self-
transports used oil to a used oil collection center. The direct impact 
of EPA's finding to generators and used oil collection centers in 
Washington is that generators and used oil collection centers will not 
be exempted from the State's federally authorized requirements which 
limit self-transport by generators to less than or equal to 55 gallons 
and used oil collection from a self-transporting generator to less than 
or equal to 55 gallons.
    States sometimes make changes to their previously authorized 
programs for which they need to seek reauthorization. In Washington, 
the Permit by Rule provision at WAC 173-303-802(5) is broader in scope 
than the federal permit by rule regulations where it applies to state-
only wastes. However, the state program is more stringent where the 
rule applies to federally regulated hazardous wastes generated on-site. 
The federal regulations at 40 CFR 270.1(c)(2)(iv) and (v) exempt owners 
and operators of totally enclosed treatment facilities, elementary 
neutralization units or wastewater treatment units, as defined at 40 
CFR 260.10, from RCRA permitting requirements. The State is seeking 
reauthorization for these changes and will be authorized for the more 
stringent portion of the rule. The State will not be authorized for the 
broader in scope provision.
    The State is not seeking authorization for the entire Post-Closure 
rule. While the state will be authorized for the portions of the rule 
that concern alternative requirements for colocated regulated units and 
solid waste management units which have commingled releases, the State 
is not seeking, and will not be authorized for the portions of the rule 
that allow for the use of alternate authorities in lieu of post closure 
permits. Although the state did incorporate 40 CFR 265.118(c)(4) by 
reference into its regulations, the state is not seeking authorization 
for this provision.

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 and until EPA 
takes action on its permit. HSWA provisions for which the State is not 
authorized will continue in effect under the EPA-issued permit. EPA 
will continue to 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. 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.

[[Page 1937]]

J. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action 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 this action 
authorizes pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this action also 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 
relationships between the Federal government and the Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This action will not have substantial direct effects on the 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 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. This action 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. This rule is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply Distribution or Use'' (66 FR 28344, May 22, 2001) because 
it is not a significant regulatory action under Executive Order 12866. 
The proposed rule does not include environmental justice 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) do not apply. As required by 
section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in 
issuing this 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 the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This proposed rule does 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 recordkeeping requirements.

    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: January 2, 2002.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 02-626 Filed 1-14-02; 8:45 am]
BILLING CODE 6560-50-P