[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Proposed Rules]
[Pages 19471-19475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2006-0064; FRL-8157-6]


Oregon: Proposed Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

DATES: Comments on this proposed rule must be received in writing by 
May 15, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2006-0064, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Mail: Jeff Hunt, U.S. Environmental Protection Agency 
Region 10, Office of Air, Waste & Toxics (AWT-122) 1200 Sixth Avenue, 
Seattle, WA 98101.
    Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2006-0064. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 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 docket 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, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center Home 
page 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 www.regulations.gov or in hard copy during normal business hours at 
the U.S. Environmental Protection Agency Region 10, Office of Air, 
Waste & Toxics, 1200 Sixth Ave, Seattle, Washington, contact: Jeff 
Hunt, phone number: (206) 553-0256; or Oregon Department of 
Environmental Quality, 811 SW Sixth, Portland Oregon, contact: Scott 
Latham, phone number (503) 229-5953.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. Environmental 
Protection Agency Region 10, Office of Air, Waste & Toxics (AWT-122), 
1200 Sixth Ave., Seattle, Washington 98101, phone number: (206) 553-
0256, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

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

B. What Decisions Have We Made in This Rule?

    EPA has preliminarily determined that Oregon's application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we are proposing to grant 
Oregon final authorization to operate its hazardous waste program with 
the changes described in the authorization application. Oregon will 
have responsibility for permitting Treatment, Storage, and Disposal 
Facilities (TSDFs) within its borders (except in Indian country (18 
U.S.C. 1151) and for carrying out the aspects of the RCRA program 
described in its revised program application, subject to the 
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). 
New federal requirements and prohibitions imposed by federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized states before the states are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Oregon, including issuing permits, until the State is 
granted authorization to do so.

C. What Will Be the Effect If Oregon Is Authorized for These Changes?

    If Oregon is authorized for these changes, a facility in Oregon 
subject to RCRA will have to comply with the authorized State 
requirements in lieu of the corresponding Federal requirements in order 
to comply with RCRA. Additionally, such persons will have to comply 
with any applicable federally-issued requirements, such as, for 
example, HSWA regulations issued by EPA for which the State has not 
received authorization, and RCRA requirements that are not supplanted 
by authorized State-issued requirements. Oregon continues to have 
enforcement responsibilities under its state hazardous waste management 
program for violations of its program, but EPA continues to have 
enforcement authority under RCRA sections 3007, 3008, 3013, and 7003, 
which includes, among others, the authority to:
     Perform inspections; require monitoring, tests, analyses 
or reports;
     Enforce RCRA requirements; suspend or revoke permits; and
     Take enforcement actions regardless of whether Oregon has 
taken its own actions.

[[Page 19472]]

    The action to approve these revisions would not impose additional 
requirements on the regulated community because the regulations for 
which Oregon will be authorized are already effective under State law 
and are not changed by today's action.

D. What Happens If EPA Receives Comments on This Action?

    If EPA receives comments on this action, 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 Oregon Previously Been Authorized for?

    Oregon initially received final authorization on January 30, 1986, 
effective January 31, 1986 (51 FR 3779), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to their program on March 30, 1990, effective on May 29, 1990 
(55 FR 11909); August 5, 1994, effective October 4, 1994 (59 FR 39967); 
June 16, 1995, effective August 15, 1995 (60 FR 31642); October 10, 
1995, effective December 7, 1995 (60 FR 52629); and September 10, 2002, 
effective September 10, 2002 (67 FR 57337).

F. What Changes Are We Proposing?

    EPA is proposing to authorize revisions to Oregon's authorized 
program described in Oregon's official program revision application, 
submitted to EPA on December 19, 2005, and deemed complete by EPA on 
December 22, 2005.
    The following table, Table 1, identifies equivalent State 
regulatory analogues to the Federal regulations for those regulatory 
revisions for which Oregon is seeking authorization. All of the 
referenced analogous State authorities were legally adopted and 
effective as of October 24, 2003.

                            Table 1.--Equivalent Analogues to the Federal Regulations
----------------------------------------------------------------------------------------------------------------
 Description of federal requirements                                                 Analogous state authority
           CL \1\                          Federal Register                      (OAR 340-* * *)
----------------------------------------------------------------------------------------------------------------
Requirements for Preparation,          58 FR 38816, 7/20/1993....................  -100-0002.
 Adoption, and Submittal of
 Implementation Plans, CL 125.
LDR Restrictions Phase III, Emergency  62 FR 1992, 1/14/97.......................  -100-0002.
 Extension of the K088 Capacity
 Variance, CL 155.
LDR Restrictions Phase III, Emergency  62 FR 37694, 7/14/97......................  -100-0002.
 Extension of the K088 Capacity
 Variance, CL 160.
Petroleum Refining Process Wastes--    65 FR 36365, 6/8/2000.....................  -100-0002.
 Clarification, CL 187.
Hazardous Air Pollutant Standards,     65 FR 42292, 7/10/2000....................  -100-0002, -101-0001, -104-
 Technical Corrections, CL 188.                                                     0001, -105-0001.
Chlorinated Aliphatics Listing and     65 FR 67068, 11/8/2000....................  -100-0002, -101-0001.
 LDRs for Newly Identified Wastes, CL
 189.
LDRs Phase IV--Deferral for PCBs in    65 FR 81373, 12/26/2000...................  -100-0002.
 Soil, CL 190.
Mixed Waste rule, CL 191.............  66 FR 27218, 5/16/2001....................  -100-0002.
Mixture and Derived--From Rules        66 FR 27266, 5/16/2001....................  -100-0002, -101-0001.
 Revisions, CL 192A.
LDR Restrictions Correction, CL 192B.  66 FR 27266, 5/16/2001....................  -100-0002.
Change of Official EPA Mailing         66 FR 34374, 6/28/2001....................  -100-0002.
 Address, CL 193.
Mixture and Derived--From Rules        66 FR 50332, 10/3/2001....................  -100-0002, -101-0001.
 Revision II, CL 194.
Inorganic Chemical Manufacturing       66 FR 58258, 11/20/2001; 67 FR 17119, 4/9/  -100-0002, -101-0001.
 Wastes Identification & Listing, CL    2002.
 195.
CAMU Amendments, CL 196..............  67 FR 2962, 1/22/2002.....................  -100-0002.
Hazardous Air Pollutant Standards for  67 FR 6792, 2/13/2002.....................  -100-0002, -104-0001, -105-
 Combustors; Interim Standards, CL                                                  0001.
 197.
Hazardous Air Pollutant Standards for  67 FR 6968, 2/14/2002.....................  -100-0002, 105-0001.
 Combustors; Corrections, CL 198.
Vacatur of Mineral Processing Spent    67 FR 11251, 3/13/2002....................  100-0002, 101-0001, 102-0010.
 Materials Being Reclaimed as Solid
 Wastes & TCLP Use with MGP Waste, CL
 199.
Zinc Fertilizer Rule, CL 200.........  67 FR 48393, 7/24/2002....................  100-0002; 101-0004; -102-
                                                                                    0010.
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\1\ CL  (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular
  Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their
  authorization applications. See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/hazwaste/state/ hazwaste/state/.

G. What Other Revisions Are We Proposing to Oregon's Authorized 
Program?

    During a review of Oregon's regulations, we identified a variety of 
changes that Oregon had made to previously authorized hazardous waste 
provisions. EPA brought these changes to the attention of Oregon 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. In this proposed rulemaking 
we are also correcting errors made by EPA in previous authorization 
Federal Register notices for Oregon. 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. 
The table below, Table 2, shows both the state initiated and the EPA 
initiated changes proposed for authorization revision.

                             Table 2.--Revisions to Previously Authorized Rules \2\
----------------------------------------------------------------------------------------------------------------
 Description of Federal requirements,                                                Analogous state authority
           CL  \3\                         Federal Register                      (OAR 340-* * *)
----------------------------------------------------------------------------------------------------------------
Availability of Information..........  ..........................................  -100-0003, -100-00005(1)-(5);
                                                                                    -105-0012.

[[Page 19473]]

 
Generator Requirements, CL II........  ..........................................  -100-0002; 102-0011(2), -
                                                                                    0012, -0040, -0041, -0050.
Permitting Requirements, CL V........  ..........................................  -100-0002; -105-0010, -0012,
                                                                                    0030, -0061; -106-0002.
Small Quantity Generators, CL 23.....  51 FR 10174, 3/24/86......................  -100-0002; 101-0033; -102-
                                                                                    0034, -0041, -0044; -105-
                                                                                    0010.
LDRs (Solvents and Dioxins), CL 34...  51 FR 40572, 11/07/86.....................  -100-0002, -100-0010, -102-
                                                                                    0011(2)(d)&(e), -105-0014.
Changes to Interim Status Facilities   54 FR 9596, 3/7/89........................  -100-0002; -105-0001(3)&(4),
 for Hazardous Waste Management                                                     0010; -106-0002.
 Permits; Procedures for Post-Closure
 Permitting, CL 61.
Burning of Hazardous Waste in Boilers  56 FR 32688, 7/17/91......................  -100-0002 -100-0004; -105-
 and Industrial Furnaces, Corrections                                               0010.
 & Technical Amendments, CL 94.
Recycled Used Oil Management           57 FR 41566, 9/10/92......................  -100-0002(2); -111-0000.
 Standards, CL 112.
Recycled Used Oil Management           58 FR 33341, 5/3/93; 58 FR 33341, 6/17/93.  -100-0002(2); -111-0000, -
 Standards; Technical Amendments and                                                0010, -0020, -0032, -0035, -
 Corrections, CL 122.                                                               0040, -0050, -0060, -0070.
Recycled Used Oil Management           59 FR 10550, 3/4/94.......................  -100-0002; -111-0000; -111-
 Standards; Technical Amendments and                                                0010.
 Corrections II, CL 130.
Universal Waste Rule: General          60 FR 26942, 5/11/95......................  -100-0002; -102-0011(e); -113-
 Provisions, CL 142A.                                                               0000, -0020, -0020(1)-(4), -
                                                                                    0030, -0040, -0050.
LDRs Phase III-Decharacterized         61 FR 15566, 4/8/96.......................  -100-0002.
 Wastewaters Carbamate Wastes, and
 Spent Potliners, CL 151.
Recycled Used Oil Management           63 FR 24963, 5/6/98.......................  -100-0002; -111-0000, -0032,
 Standards; Technical Correction and                                                0050.
 Clarification, CL 166.
Belvill Exclusion Revisions and        63 FR 28556, 5/26/98......................  -100-0002; -101-0001, -0004.
 Clarification, CL 167E.
Hazardous Remediation Waste            63 FR 65874, 11/30/98.....................  -100-0002; -100-0010; -105-
 Management Requirement (HWIR-Media),                                               0003, -105-0115.
 CL 175.
Hazardous Air Pollutant Standards for  64 FR 62828, 9/30/99......................  -100-0002; -101-0001; -104-
 Combustors, CL 182.                                                                0001, -0340; -105-0001.
Universal Waste Rule as of 12/31/02,   60 FR 25492, 5/11/95; 63 FR 71225, 12/24/   -100-0002, -0010(3)(j); -102-
 Special Consolidated Checklist.        98; 64 FR 36466, 7/6/99.                    0011(e); -113-0000, -0010, -
                                                                                    0020, -0030, -0040, -0050, -
                                                                                    0060, -0070.
----------------------------------------------------------------------------------------------------------------
\2\ For further discussion on where the revised State rules differ from the Federal Rules refer to the
  authorization revision application and the administrative record for this proposed rule.
\3\ CL  (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular
  Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their
  authorization applications. See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/hazwaste/state/ hazwaste/state/.

H. Who Handles Permits After the Authorization Takes Effect?

    Oregon will continue to issue permits for all the provisions for 
which it is authorized and will administer the permits it issues. If 
EPA issued permits prior to authorizing Oregon for these revisions, 
these permits would continue in force until the effective date of the 
State's issuance or denial of a State hazardous waste permit, at which 
time EPA would modify the existing EPA permit to expire at an earlier 
date, terminate the existing EPA permit for cause, or allow the 
existing EPA permit to otherwise expire by its term, except for those 
facilities located in Indian Country. EPA will not issue new permits or 
new portions of permits for provisions for which Oregon is authorized 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Oregon is 
not yet authorized.

I. What Is Codification and Is EPA Codifying Oregon'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. This is done by 
referencing the authorized State rules in 40 CFR part 272. EPA is 
reserving the amendment of 40 CFR part 272, subpart N for codification 
of this current revision to Oregon's program at a later date.

J. How Would Authorizing Oregon for These Revisions Affect Indian 
Country (18 U.S.C. 1151) in Oregon?

    Oregon is not authorized to carry out its hazardous waste program 
in Indian country, as defined in 18 U.S.C. 1151. Indian country 
includes:
    1. All lands within the exterior boundaries of Indian reservations 
within or abutting the State of Oregon;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian country.
    Therefore, this action has no effect on Indian country. EPA will 
continue to implement and administer the RCRA program in these lands.

K. Statutory and Executive Order Reviews

    This proposed rule seeks to revise the State of Oregon'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

[[Page 19474]]

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 proposed 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 proposed rule does not establish or modify any information 
or recordkeeping requirements for the regulated community and only 
seeks to authorize 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

    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 part 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 proposed 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 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the 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 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 sections 202 and 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 seeks authorization of pre-existing 
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

[[Page 19475]]

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, 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 proposes authorization of pre-
existing State rules and imposes no additional requirements beyond 
those imposed by State law and there are no anticipated significant 
adverse human health or environmental effects, the rule is not subject 
to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This proposed action is issued under the authority of 
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act 
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: April 3, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
[FR Doc. E6-5328 Filed 4-13-06; 8:45 am]
BILLING CODE 6560-50-P