[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Rules and Regulations]
[Pages 19442-19449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8158-4]


Washington: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule; authorization of State-initiated changes.

-----------------------------------------------------------------------

SUMMARY: During a review of Washington's regulations, EPA identified a 
variety of State-initiated changes to Washington's hazardous waste 
program under the Resource Conservation and Recovery Act, as amended, 
(RCRA), for which the State had not previously sought authorization. We 
have reviewed Washington's changes to its program and have determined 
that these changes are minor and satisfy all requirements needed to 
qualify for final authorization, therefore we are authorizing the 
State-initiated changes through this immediate final action. EPA is 
publishing this rule to authorize the changes without a prior proposal 
because we believe this action is not controversial and do not expect 
comments that oppose it. Unless we receive written comments that oppose 
this authorization during the comment period, the decision to authorize 
Washington's changes to its hazardous waste program will take effect 
June 13, 2006. If we receive comments that oppose this action, EPA will 
publish a document in the Federal Register withdrawing this rule before 
it takes effect. EPA will then address public comments in a later final 
rule based on the proposed rule in today's Federal Register. If we 
receive comments that oppose only the authorization of a particular 
change to the State hazardous waste program, we will withdraw that part 
of today's rule. However, the authorization of program changes that are 
not opposed by any comments will become effective on the date specified 
above. A Federal Register withdrawal document will specify which part 
of the authorization will become effective and which part is being 
withdrawn. EPA may not provide further opportunity for comment. Any 
parties interested in commenting on this action must do so at this 
time. Today's document also makes corrections to the table included in 
the authorization Federal Register document for Washington published on 
October 12, 1999.

DATES: This final authorization will become effective on June 13, 2006, 
unless EPA receives adverse written comments on or before May 15, 2006.

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0087 
by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the

[[Page 19443]]

online instructions for submitting comments.
    2. E-mail: [email protected].
    3. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste 
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington 
98101.
    4. Hand Delivery: At the previously-listed EPA Region 10 address. 
Such deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to EPA-R10-RCRA-2006-0087. EPA's 
policy is that all comments received will be included in the public 
file without change, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system 
which means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public file and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters and any form of 
encryption, and shall be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy during normal business 
hours at the U.S. Environmental Protection Agency (EPA), Region 10 
Library, 1200 Sixth Avenue, Seattle WA 98101. This Docket Facility is 
open to the public from 9 to 11:30 a.m. and from 1 to 4 p.m. Monday 
through Friday, excluding legal holidays. The library telephone number 
is (206) 553-1289. Additionally, hard copies are available from the 
Washington Department of Ecology, 300 Desmond Drive, Lacey, WA 98503, 
contact, Patricia Hervieux at (360) 407-6756.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, 
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, 
Seattle, Washington 98101. Phone number: (206) 553-6502 or Patricia 
Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey, 
WA 98503; phone number: (360) 407-6756, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes to Washington's Hazardous 
Waste Program

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA pursuant to 
section 3006(b) of RCRA, 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 is revised 
States must revise their programs and apply to EPA to authorize the 
revisions. Authorization of revisions to State programs may be 
necessary when Federal or State statutory or regulatory authority is 
modified or when certain other revisions occur, including, among 
others, revisions to the State program initiated by the State. Most 
commonly, States revise their programs because of revisions 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?

    We conclude that Washington's revisions to its authorized program 
meet all of the statutory and regulatory requirements established by 
RCRA. Therefore, we revise Washington's authorized hazardous waste 
program to include the changes identified by EPA and described in 
section G, below.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those HSWA requirements and 
prohibitions for which Washington has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

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

    The effect of this decision is that a facility in Washington 
subject to RCRA will continue to be subject to the authorized State 
requirements and to 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 program, but EPA continues to have independent enforcement 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
authority includes, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Washington 
has taken its own actions.
    Today's action does not impose additional requirements on the 
regulated community because the regulations for which Washington is 
being authorized by this action are already effective under State law, 
and are not changed by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect any adverse written 
comments. We are providing an opportunity for public comment now. In 
addition to this rule, in the proposed rules section of today's Federal 
Register we are publishing a separate document that proposes to 
authorize Washington's program changes.

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

    If the Agency does receive adverse written comment, it will publish 
a notice withdrawing this immediate final rule before its effective 
date. EPA then will address the comment in a later final rule based on 
the companion document appearing in the Proposed Rules section of 
today's Federal Register. If we receive comments that oppose only the 
authorization of a particular change to the State hazardous waste 
program, we will withdraw that part of today's rule. However, the 
authorization of program

[[Page 19444]]

changes that are not opposed by any comments will become effective on 
June 13, 2006. A Federal Register withdrawal document will specify 
which part of the authorization will become effective and which part is 
being withdrawn. You may not have another opportunity to comment. If 
you want to comment on this authorization, you must do so at this time.

F. What Has Washington Previously Been Authorized for?

    Washington initially received final authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3782), to implement the RCRA 
hazardous waste management program. 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); October 
12, 1999, effective January 11, 2000 (64 FR 55142); and on April 11, 
2002 effective April 11, 2002 (67 FR 17636).

G. What Revisions Are We Authorizing With Today's Action?

    During a review of Washington's regulations, we identified a 
variety of changes that Washington had made to provisions we had 
previously authorized. EPA brought these changes to the attention of 
Washington and confirmed with the State that the State-initiated 
changes generally correct typographical errors and printing errors, 
clarify and make the State's regulations more internally consistent, or 
bring the State regulations closer to the Federal language. The State's 
authorized hazardous waste program, as amended by these provisions, 
remains equivalent to, consistent with, and no less stringent than the 
Federal RCRA program.
    We are revising Washington's authorized hazardous waste program to 
include the changes listed in the table below. The provisions listed in 
the table are from the Washington Annotated Code (WAC) and are 
analogous to the RCRA regulations, as indicated in the table. The RCRA 
regulations are those as published in 40 CFR parts 124, 260 through 
266, 268, 270, 273 and 270, as of July 1, 1999, unless otherwise noted. 
All of the referenced analogous state authorities were legally adopted 
and effective as of June 10, 2000. Note that a number of the State 
provisions have no direct Federal analogs but are related to particular 
paragraphs, sections, or parts of the Federal hazardous waste 
requirements in the 40 CFR parts 264, 265 and 270. For example, the 
Federal code has no specific definition for ``acute hazardous waste'' 
in 40 CFR 260.10, but a description of and the requirements for ``acute 
hazardous waste'' can be found in 40 CFR 261.30(d). Therefore, in the 
``Analogous Federal Requirement'' column, the Federal analog to the 
State's definition of ``acute hazardous waste'' in WAC 173-303-040 is 
listed as ``No Federal analog; related to 261.30(d)). Similarly, while 
the Federal code has no specific definition for ``Independent qualified 
registered professional engineer'', the term is used in 40 CFR parts 
264, 265 and 270.

------------------------------------------------------------------------
                                          Analogous federal requirement
        State requirement  (WAC)           (40 CFR, as of July 1, 1999)
------------------------------------------------------------------------
173-303-017(2)(a)(iii).................  261.2(e)(1)(iii).
173-303-040 Definitions
    ``Acute hazardous waste''..........  No federal analog; related to
                                          261.30(d).
    ``Carbon regeneration unit''.......  260.10 ``Carbon regeneration
                                          unit''.
    ``Commercial chemical product or     261.33(d) Comment.
     manufacturing chemical
     intermediate''.
    ``Debris''.........................
    ``Designation''....................  268.2(g).
    ``Discharge'' or ``dangerous waste   No federal analog; related to
     discharge''.                         part 261.
                                         260.10 ``Discharge'' or
                                          ``hazardous waste discharge'',
                                          261.2(d).
    ``Domestic sewage''................  261.4(a)(1)(ii) last sentence.
    ``Hazardous debris''...............  268.2(h).
    ``Hazardous substances''...........  No federal analog; related to
                                          part 261.
    ``Ignitable waste''................  No federal analog; related to
                                          261.21(b).
    ``Independent qualified registered   No federal analog; related to
     professional engineer''.             parts 264, 265 and 270.
    ``Infrared incinerator''...........  260.10 ``Infrared
                                          incinerator''.
    ``Mixed waste''....................  No federal analog; related to
                                          part 261.
    ``Off-specification used oil fuel''  266.40(e) [1990 CFR]; related
                                          to 279.11.
    ``Plasma arc incinerator''.........  260.10 ``Plasma arc
                                          incinerator''.
    ``Polycyclic aromatic                No federal analog; related to
     hydrocarbons''.                      part 261.
    ``Reactive waste''.................  No federal analog; related to
                                          261.23(b).
    ``Regulated unit''.................  264.90(a)(2).
    ``Sludge dryer''...................  260.10 ``Sludge dryer''.
    ``Stabilization'' and                No federal analog; related to
     ``solidification''.                  parts 264 and 265.
    ``Temporary unit''.................  No federal analog; related to
                                          264.553(a).
    ``Thermal treatment''..............  260.10 ``Thermal treatment''.
    ``Transfer facility''..............  260.10 ``Transfer facility''.
    ``Transport vehicle''..............  260.10 ``Transport vehicle''.
    ``Triple rinsing''.................  No federal analog; related to
                                          261.7(b)(3)(i).
    ``Vessel''.........................  260.10 ``Vessel''.
173-303-060(2).........................  262.12(b).
173-303-070(2)(a)(i)...................  No federal analog; related to
                                          261.3(c)(2).
173-303-070(2)(a)(ii)(A)...............  261.3(c)(2).
173-303-070(2)(a)(iii).................  261.3(c)(2).
173-303-070(3), except (a)(iii) and (c)  261.3(a)(2)(i) and (ii),
                                          261.3(c)(1), 261.5(h) and
                                          262.11(c).
173-303-070(3)(c)......................  262.11(c).
173-303-070(4) introductory paragraph    No federal analog; related to
 and (e).                                 262.11.
173-303-070(5), except 070(5)(c).......  No federal analog; related to
                                          262.11.
173-303-070(7)(c)(iii) and (iv)........  261.5(c)(2) and (c)(3).

[[Page 19445]]

 
173-303-070(7)(c)(v) and (vi)..........  261.5(c)(5) and (c)(6).
173-303-070(8)(b)(i)...................  261.5(f)(1) and 261.5(g)(1).
173-303-070(8)(b)(ii)..................  No federal analog; related to
                                          261.5(f) and 261.5(g).
173-303-070(8)(c)......................  261.5(j).
173-303-071(3) introductory paragraph..  261.4(a) introductory paragraph
                                          and 261.4(b) introductory
                                          paragraph.
173-303-071(3)(a)(i) and 173-303-        261.4(a)(1)(i) and (ii).
 071(3)(a)(ii) introductory paragraph.
173-303-071(3)(a)(ii)(A)-(D)...........  No federal analog; related to
                                          261.4(a)(1).
173-303-071(3)(k) introductory           261.8.
 paragraph through (k)(i)(A).
173-303-071(3)(o)......................  261.3(c)(2)(ii)(A).
173-303-071(3)(aa).....................  261.4(b)(6)(i).
173-303-072(3)(c) except the phrase,     No federal analog; related to
 ``except 173-303-090(6)(a)(iii)''.       260.22.
173-303-080............................  No federal analog; related to
                                          part 261.
173-303-082(1).........................  261.31(a).
173-303-082(3).........................  261.3(b)(2).
173-303-090(8)(c) and Table............  No federal analog; related to
                                          261.24.
173-303-100............................  No federal analog; related to
                                          part 261.
173-303-110(2)(a)(i)-(vii), and (b)....  261 Appendix 1.
173-303-110(3)(b) and (c)..............  No federal analog; related to
                                          part 260.11.
173-303-120(4) introductory paragraph..  No federal analog; related to
                                          261.6(c)(1).
173-303-140(2) introductory paragraph..  No federal analog; related to
                                          part 268.
173-303-140(4)(b)(iv) and (v)..........  264.314(e) and (f) 263.30 and
                                          263.31.
173-303-145 except 173-303-145(3)(a)     ...............................
 introductory paragraph and (3)(b).
173-303-160(4).........................  No federal analog; related to
                                          260.20.
173-303-161(6).........................  No federal analog; related to
                                          part 264.
173-303-170(3) introductory paragraph    No federal analog; related to
 and (3)(a).                              262.34(a) and (d).
173-303-170(3)(b) introductory           262.10(c).
 paragraph and (i) and (ii).
173-303-170(4).........................  No federal analog; related to
                                          262.11(d).
173-303-180(5).........................  No federal analog; related to
                                          part 262.
173-303-200(1)(a)......................  262.34(b).
173-303-200(1)(d)......................  262.34(a)(3).
173-303-210(1) through (3)(a)..........  262.40(a) through (c).
173-303-210(3)(b), (4) and (6).........  No federal analog; related to
                                          part 262.
173-303-220(3).........................  262.43.
173-303-230(3) introductory paragraph    No federal analog; related to
 and (3)(a) and (4).                      261.7.
173-303-240(1).........................  No federal analog; related to
                                          263.10.
173-303-240(2).........................  No federal analog; related to
                                          263.11.
173-303-240(3).........................  No federal analog; related to
                                          part 263.
173-303-240(6), except (6)(a)..........  263.12.
173-303-240(7)(a)......................  263.30.
173-303-240(8) and (9).................  No federal analog; related to
                                          263.12.
173-303-280(4).........................  No federal analog; related to
                                          part 264.
173-303-282, except 173-303-282(3)(b),   No federal analog; related to
 (f), (g) and (h); (6)(a)(i) and          part 264.
 (6)(c)(i)(A)(i).
173-303-282(3)(b), (f), (g) and (h);     264.18(a).
 (6)(a)(i).
173-303-283............................  No federal analog; related to
                                          part 264.
173-303-290(1).........................  264/265.12(a).
173-303-300(5)(g)......................  264/265.13(b)(5).
173-303-300(6) introductory paragraph    264/265.13(c) introductory
 through (6)(b).                          paragraph through (c)(2).
173-303-320(2)(d)......................  264/265.15(d).
173-303-330(2)(c)......................  264/265.16(c)(4).
173-303-350(3)(c)......................  264/265.52(c).
173-303-360(1).........................  264/265.55.
173-303-360(2)(d) and (e)..............  264/265.56(d).
173-303-360(2)(k)(viii)and(ix).........  No federal analog; related to
                                          264/265.56(j).
173-303-370(4)(b)......................  264/265.72(b).
173-303-380(1)(e)......................  264/265.73(b)(5).
173-303-380(2)(d)......................  264/265, Appendix I (3).
173-303-390(2) introductory paragraph..  264/265.75 introductory
                                          paragraph.
173-303-390(3) paragraph and (3)(a)....  264/265.77 introductory
                                          paragraph and (a).
173-303-390(3)(b)......................  265.77(b).
173-303-390(3)(c)......................  264.77(b) and 265.77(c).
173-303-390(4).........................  No federal analog; related to
                                          264/265.77.
173-303-395(6).........................  No federal analog; related to
                                          parts 264 and 265.
173-303-400(1).........................  265.1(a).
173-303-400(2)(c)(iii).................  265.1(c)(3).
173-303-400(2)(c)(iv)..................  265.1(c)(9) and (10).
173-303-400(2)(c)(viii)................  265.1(c)(7).
173-303-400(2)(c)(x)...................  No federal analog; related to
                                          265.1(c)(11).
173-303-400(2)(c)(xi) introductory       265.1(c)(14) introductory
 paragraph.                               paragraph [2000 CFR].
173-303-400(2)(c)(xiii), except          265.1(c)(11), except (11)(i)(D)
 (xiii)(A)(iv) and (xiii)(D).             and (11)(iv).
173-303-400(3)(c) introductory           No federal analog; related to
 paragraph.                               part 265.
173-303-400(3)(c)(i)(A) and (B)........  No federal analog; related to
                                          part 265.

[[Page 19446]]

 
173-303-400(3)(c)(ii) and (iii)........  No federal analog; related to
                                          265.300.
173-303-400(3)(c)(iv)..................  265.273(b).
173-303-400(3)(c)(v)...................  265.91(c).
173-303-400(3)(c)(vi)..................  No federal analog; related to
                                          265.140 through 265.145.
173-303-400(3)(c)(vii)-(x).............  No federal analog; related to
                                          part 265.
173-303-505(1)(b)(i) first two           266.20(b).
 sentences.
173-303-506(1).........................  No federal analog; related to
                                          261.4(b)(12).
173-303-515(1).........................  No federal analog; related part
                                          279.
173-303-525(1).........................  266.70, except 266.70(b)(3).
173-303-573(11)(c)(ii).................  273.15(c)(2) [2000 CFR].
173-303-573(19)(a)(i)..................  273.32(a)(1) [2000 CFR].
173-303-573(22)(c)(ii).................  273.35(c)(2) [2000 CFR].
173-303-573(26)(a)(ii) and (b)(ii).....  273.39(a)(2) and (b)(2) [2000
                                          CFR].
173-303-600(1).........................  270.1(c)(2), 264.1(a).
173-303-600(3)(c)......................  264.1(e).
173-303-600(3)(e)......................  264.1(g)(1).
173-303-600(3)(j)......................  264.1(g)(5) and (6);
                                          270.1(c)(2)(iv) and (v).
173-303-600(7).........................  No federal analog; related to
                                          264.1.
173-303-610(1)(b)......................  264.110(b).
173-303-610(3)(a)(iii) and (iv)........  264.112(b)(3).
173-303-610(3)(a)(viii)................  264.112(b)(7).
173-303-610(6).........................  264.115.
173-303-610(7)(a)(i)...................  264.117(a)(1)(i).
173-303-610(8)(a)......................  264.118(a).
173-303-610(8)(b)(ii) introductory       264.118(b)(2) introductory
 paragraph.                               paragraph.
173-303-610(8)(b)(ii)(A)...............  264.118(b)(2)(i).
173-303-610(8)(d)(ii)(C)...............  264.118(d)(2)(iii).
173-303-620(1)(b) introductory           264.140(b) introductory
 paragraph.                               paragraph.
173-303-620(1)(b)(i)...................  264.140(b)(1).
173-303-620(1)(b)(ii)..................  264.140(b)(3).
173-303-620(1)(b)(iii).................  No federal analog; related to
                                          264.140(b).
173-303-620(1)(b)(iv)..................  264.140(b)(2).
173-303-620(1)(b)(v)...................  264.140(b)(4).
173-303-620(1)(c)......................  264.140(c).
173-303-620(3)(a) introductory           264.142(a) introductory
 paragraph.                               paragraph.
173-303-630(6)(b)......................  264.145.
173-303-630(2).........................  264.171.
173-303-630(5)(c)......................  No federal analog; related to
                                          264.173.
173-303-630(6).........................  264.174.
173-303-630(7)(d)......................  No federal analog; related to
                                          264.175.
173-303-640(1)(a)......................  264.190 introductory paragraph.
173-303-645(8)(c)......................  264.97(c).
173-303-645(12)........................  No federal analog; related to
                                          264.101.
173-303-646(1)(d)......................  No federal analog; related to
                                          264.101, 264.552 and 264.553.
173-303-646(2)(d)......................  No federal analog; related to
                                          264.101.
173-303-646(4)(b)......................  264.552(h).
173-303-646(4)(c)......................  No federal analog; related to
                                          264.552.
173-303-650(2)(a)(i)(D)................  No federal analog; related to
                                          264.221.
173-303-650(2)(c)......................  264.221(g).
173-303-650(2)(f)......................  264.221(h).
173-303-650(2)(j) through (m)..........  264.221(c) through (f).
173-303-655(8)(b)......................  264.280(b).
173-303-660(2)(c)......................  No federal analog; related to
                                          264.251.
173-303-660(3)(b)......................  264.252(b).
173-303-660(6)(d)(ii)..................  No federal analog; related to
                                          264.250.
173-303-660(9)(c)(ii)..................  264.258(c)(2).
173-303-665(2)(c)-(f)..................  264.301(g) through (j).
173-303-665(2)(h)......................  264.301(c).
173-303-665(2)(j)......................  264.301(d).
173-303-665(11)........................  264.317.
173-303-670(1)(b)(iii).................  No federal analog; related to
                                          264.340.
173-303-670(3).........................  264.342.
173-303-670(4)(a)(ii)..................  264.343(a)(2).
173-303-680(3).........................  264.602.
173-303-690(1)(c) and Note.............  264.1030(c).
173-303-692(1)(b)(v)...................  264.1080(b)(5).
173-303-692(3).........................  No Federal analog; related to
                                          parts 60, 61 and 63.
173-303-800(7)(c)(i) introductory        270.1(c)(3)(i) introductory
 paragraph through (c)(i)(C).             paragraph through (c)(i)(C).
173-303-800(7)(c)(ii)..................  270.1(c)(3)(ii).
173-303-800(8).........................  270.32(b)(1) and (b)(2).
173-303-803(3)(n)......................  270.13(n).
173-303-803(4), except (4)(b)..........  270.10(f), except (f)(2).
173-303-803(5)(b)......................  270.10(g)(2).

[[Page 19447]]

 
173-303-805(2).........................  270.70(b).
173-303-805(8) introductory paragraph..  270.73 introductory paragraph.
173-303-805(8)(e)......................  No federal analog; related to
                                          270.73.
173-303-806(4) introductory paragraph..  No federal analog; related to
                                          270.14.
173-303-806(4)(a)(vi)..................  270.14(b)(6).
173-303-806(4)(a)(xxi) introductory      No federal analog; related to
 paragraph, (a)(xxi)(C) and (xxiv).       270.14.
173-303-807(1).........................  270.62(a) and (b) introductory
                                          paragraph.
173-303-810(8)(b)......................  270.4(b) and 270.30(g).
173-303-810(8)(c)......................  270.4(c).
173-303-810(15)(a) through (15)(c),      270.12(a).
 first sentence.
173-303-810(19)........................  270.32(b).
173-303-815(1) through (3).............  270.31 through 270.33.
173-303-830(3)(b)(i)...................  270.41(b)(1).
173-303-830(4)(b)(ii) introductory       270.42(b)(2) introductory
 paragraph.                               paragraph.
173-303-910(1)(c)......................  260.20(c)
------------------------------------------------------------------------

    In addition to the changes authorized above, EPA is also approving 
changes made by Washington to State procedural provisions. EPA reviewed 
these changes in order to determine the adequacy of State procedures to 
operate the hazardous waste program. State procedural provisions are 
not authorized by EPA and do not supplant Federal procedures. With 
respect to procedural requirements, EPA relies on Federal procedures 
rather than the State analogs to these provisions. Washington's 
procedures to implement the State's hazardous waste management program 
requirements continue to operate independently under State law. The 
approved changes to the following State procedures are included as part 
of this action for informational purposes only: WAC Chapter 173-03, 
Public Records, Sec.  173-03-060(1)-(5), effective as of August 31, 
1998, and Chapter 173-303, Dangerous Waste Regulations, Sec. Sec.  173-
303-806(13), 173-303-840(2)(d)(i)&(ii), and 173-303-910(1)(e), 
effective as of June 10, 2000.

H. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Washington will issue permits for all the 
provisions for which it is authorized and will administer the permits 
it issues. EPA will continue to administer any RCRA hazardous waste 
permits or portions of permits that were issued prior to the effective 
date of this authorization. EPA will not issue any new permits or new 
portions of permits for the provisions listed in section G after the 
effective date of this authorization. EPA will continue to implement 
and issue permits for HSWA requirements for which Washington is not yet 
authorized.

I. How Does Today's Action Affect Indian Country (18 U.S.C. 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.'' Effective October 22, 
1998 (63 FR 50531, September 22, 1998) Washington's state program was 
authorized to implement the state authorized program on the non-trust 
lands within the 1873 Survey Area of the Puyallup Indian Reservation. 
The authorization did not extend to trust lands within the reservation. 
EPA retains its authority to implement RCRA on trust lands and over 
Indians and Indian activities within the 1873 Survey Area.

J. What Is Codification and Is EPA Codifying Washington's Hazardous 
Waste Program as Authorized in This Rule?

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

II. Corrections

A. Corrections to October 12, 1999 (64 FR 55142) Authorization Document

    There were omissions and typographical errors in the table 
published as part of the October 12, 1999 (64 FR 55142) authorization 
notice for Washington. The affected entries and the corrected entries 
are shown in the table below.
* * * * *

------------------------------------------------------------------------
                                                         Analogous State
      Checklist            Federal          Federal      Authority  (WAC
                         requirements       Register     173-303- * * *)
------------------------------------------------------------------------
 
                              * * * * * * *
84...................  Toxicity         56 FR 5910, 02/  506: (2)(3) has
                        Characteristic   13/91.           been corrected
                        ;                                 to read 506:
                        Chlorofluoroca                    (2), (3).
                        rbon
                        Refrigerants*.
 
                              * * * * * * *
14...................  Dioxin Waste     50 FR 1978, 01/  * * * 110: 3(c)
                        Listing and      14/85.           has been
                        Management                        corrected to
                        Standards*.                       read: 110:
                                                          3(f) * * *
60...................  Amendment to     54 FR 4286, 01/  807: (10) has
                        Requirements     30/89.           been corrected
                        for Hazardous                     to read: 807:
                        Waste                             (12).
                        Incinerator
                        Permits.
 

[[Page 19448]]

 
                             * * * * * * *
------------------------------------------------------------------------
* Indicates State provision is more stringent.

* * * * *

III. Statutory and Executive Order Reviews

    This rule authorizes revisions to the State of Washington's 
authorized hazardous waste program pursuant to section 3006 of RCRA and 
imposes no requirements other than those currently imposed by State 
law. This rule complies with applicable executive orders and statutory 
provisions as follows.

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant,'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may: (1) Have an annual 
effect on the economy of $100 million or more, or adversely affect in a 
material way, the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities; (2) create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order. It has been determined 
that this final rule is not a ``significant regulatory action'' under 
the terms of Executive Order 12866 and is therefore not subject to OMB 
review.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., 
because this final rule does not establish or modify any information or 
recordkeeping requirements for the regulated community and is only 
authorizing the pre-existing requirements under State law and imposes 
no additional requirements beyond those imposed by State law.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et 
seq., generally requires Federal agencies to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
today's rule on small entities, small entity is defined as: (1) A small 
business defined by the Small Business Administrations' Size 
Regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. EPA 
has determined that this action will not have a significant economic 
impact on small entities because the final rule will only have the 
effect of authorizing pre-existing requirements under State law and 
imposes no additional requirements beyond those imposed by State law. 
After considering the economic impacts of today's rule, I certify that 
this action will not have a significant economic impact on a 
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why the 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements. Today's rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local or 
tribal governments or the private sector. It imposes no new enforceable 
duty on

[[Page 19449]]

any State, local or tribal governments or the private sector. 
Similarly, EPA has also determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, today's rule is not subject to the 
requirements of section 203 of the UMRA.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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 various levels of government.'' This rule does 
not have federalism implications. It 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 various levels of government, as specified in 
Executive Order 13132. This rule addresses the authorization of 
preexisting State rules. Thus, Executive Order 13132 does not apply to 
this rule.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This rule does not have 
tribal implications, as specified in Executive Order 13175. Thus, 
Executive Order 13175 does not apply to this rule.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045 applies to any rule that: (1) Is determined 
to be ``economically significant'' as defined under Executive Order 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This rule is not subject to Executive Order 13045 
because it is not economically significant as defined in Executive 
Order 12866 and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
``significant regulatory action'' as defined under Executive Order 
12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272) directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus bodies. The NTTAA directs EPA to provide Congress, 
through the OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This rule does 
not involve ``technical standards'' as defined by the NTTAA. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    To the greatest extent practicable and permitted by law, and 
consistent with the principles set forth in the report on the National 
Performance Review, each Federal agency must make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health and environmental effects of its programs, policies, and 
activities on minority populations and low-income populations in the 
United States and its territories and possessions, the District of 
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the 
Mariana Islands. Because this rule addresses authorizing pre-existing 
State rules and there are no anticipated significant adverse human 
health or environmental effects, the rule is not subject to Executive 
Order 12898.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule, although not a major rule, will be effective on the 
June 13, 2006.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous material transportation, 
Hazardous waste, Indians-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: April 5, 2006.
L. Michael Bogert,
Regional Administrator, EPA Region 10.
[FR Doc. 06-3547 Filed 4-13-06; 8:45 am]
BILLING CODE 6560-50-P