[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55142-55153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25561]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6449-8]
Washington: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Washington has applied to EPA for Final authorization of
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for Final authorization with one
exception discussed later in this rulemaking. Unless adverse written
comments are received during the review and comment period provided in
this immediate final rule, EPA's decision is to authorize the State's
changes through this final action.
DATES: This Final authorization for Washington shall be effective
January 11, 2000 if EPA receives no adverse comment on this document by
November 12, 1999. Should EPA receive adverse comments, EPA will
withdraw this rule before the effective date by publishing a timely
withdrawal in the Federal Register.
ADDRESSES: Send written comments to Nina Kocourek, U.S. EPA, Region 10,
WCM-122, 1200 Sixth Avenue, Seattle, WA 98101, phone number: (206) 553-
6502. You can view and copy Washington's application during normal
business hours at the following addresses: U.S. EPA, Region 10,
Library, 1200 Sixth Avenue, Seattle, WA 98101, contact at (206) 553-
1259; and the Washington Department of Ecology, 300 Desmond Drive,
Lacey, WA 98503, contact Patricia Hervieux, (360) 407-6756.
FOR FURTHER INFORMATION CONTACT: Nina Kocourek, EPA Region 10, WCM-122,
1200 Sixth Avenue, Seattle, WA 98101, phone number: (206) 553-6502.
[[Page 55143]]
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) Parts 124,
260 through 266, 268, 270, 273, and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Washington's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Washington Final authorization
to operate its hazardous waste program with the changes described in
the authorization application with the exception of the State's
designation of characteristic antifreeze as a state-only waste.
Washington has responsibility for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) within its borders and on the non-trust
lands within the 1873 Survey Area of the Puyallup Reservation as
defined in the settlement agreement between the Puyallup Tribe,
Federal, State and local governments dated August 27, 1988. EPA retains
jurisdiction and authority to implement RCRA over trust lands and over
Indians and Indian activities within the 1873 Survey Area. The
authorized program is responsible for carrying out the aspects of the
RCRA program described in its revised program application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA) and the limitation of this authorization with respect to the
State's designation of characteristic antifreeze as a state-only waste.
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Washington, including issuing permits, until the State
is granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this authorization decision is that a facility in
Washington subject to RCRA will now have to comply with the authorized
State requirements and with the federal HSWA provisions for which the
State is not authorized in order to comply with RCRA. Washington has
enforcement responsibilities under its State hazardous waste program
for violations of its currently authorized program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Do inspections and require monitoring, tests, analyses, or
reports.
Enforce RCRA requirements and suspend or revoke permits.
Take enforcement actions regardless of whether the State
has taken its own actions.
Take an action where a situation may present an imminent
and substantial endangerment to health or the environment.
This action does not impose additional requirements on the
regulated community because the regulations for which Washington is
requesting authorization are already effective, and are not changed by
this approval. Therefore, if the EPA does not receive adverse written
comment on Washington's application for program revision by the end of
the comment period, the authorization of Washington's revision shall
become effective on January 11, 2000 and EPA will take no further
action on the companion document appearing in the Proposed Rules
section of today's Federal Register.
D. What Happens If EPA Receives Comments That Oppose This Action?
If the Agency does receive adverse written comment, it will publish
a notice withdrawing this immediate final rule before its effective
date. EPA then will address the comment(s) in a later final rule based
on the companion document appearing in the Proposed Rules section of
today's Federal Register. If we receive comments that oppose only the
authorization of a particular change to the State hazardous waste
program, we will withdraw that part of today's authorization rule.
However, the authorization of the program changes that are not opposed
by any comments will become effective on the date specified. The
Federal Register withdrawal document will specify which part of the
authorization will become effective and which part is being withdrawn.
Any parties interested in commenting should do so in accordance with
the time frame provided in today's Federal Register. We will address
all public comments in a later Federal Register. You will not have
another opportunity to comment. If you want to comment on this action,
you must do so at this time.
E. What Has Washington Previously Been Authorized For?
Washington initially received Final authorization on January 30,
1986, effective January 31, 1986 (51 FR 3782) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on September 22, 1987 effective on November
23, 1987 (52 FR 35556); August 17, 1990 effective October 16, 1990 (55
FR 33695); November 4, 1994 effective November 4, 1994 (59 FR 55322);
February 29, 1996 effective on April 29, 1996 (41 FR 7736); and
September 22, 1998 effective on October 22, 1998 (63 FR 50531).
F. What Changes Are We Authorizing With Today's Action?
On July 27, 1999, we received submittal of an official program
revision application seeking authorization of their changes in
accordance with 40 CFR 271.21. On August 12, 1999, we determined
Washington's official program revision application to be complete. We
are now making a Final decision, subject to receipt of written comments
that oppose this action, that Washington's hazardous waste program
revision, with the exception of the State's designation of
characteristic antifreeze as a state-only waste, satisfies all of the
requirements necessary to qualify for Final authorization. The
following table indicates those federal rules and the analogous
Washington state authorities that are receiving final authorization.
All of these analogous state authorities were legally adopted and were
effective as of February 11, 1998.
----------------------------------------------------------------------------------------------------------------
Analogous State Authority (WAC 173-303-
Checklist Federal requirements Federal Register . . .)
----------------------------------------------------------------------------------------------------------------
17H.................... Double Liners.......... 50 FR 28702, 07/15/85. 650:(2)(a); (2)(i); (k); (l); (m);
(c)(f), 665:(2)(a); (2)(h); (2)(i);
(2)(k); (2)(l); (c)-(f), 400:(3)(a).
[[Page 55144]]
17F.................... Liquids in Landfills I. 50 FR 28702, 07/15/85. 140:(4)(b); (4)(b)(i); (4)(b)(iv);
(4)(b)(iv)(A); (4)(b)(iv)(B),
400:(3)(a).
17I.................... Ground-Water Monitoring 50 FR 28702, 07/15/85. 645:(1)(b), 650:(3); (4)(b)(iii);
(6)(b)(ii), 660:(5)(b)(ii),
665:(4)(b)(ii); (6)(b)(ii).
17N.................... Permit Life............ 50 FR 28702, 07/15/85. 830:(3)(a)(v), 806:(11)(d).
21..................... Listing of EDB wastes.. 51 FR 5327, 02/13/86.. 9904, 110:(3)(f), 082:(4).
22..................... Listings of Four Spent 51 FR 6537, 02/25/86.. 9903, 9904, 110:(3)(f); 082:(4), 9905.
Solvents.
31..................... Exports of Hazardous 51 FR 28664, 08/08/86. 070:(8)(b)(iii), 230:(1); (2); (3)(b),
Waste*. 120:(2)(a)(i), 220:(1)(a),
600:(3)(f), 160:(2)(b), 180:(1),
240:(3)(a), 250:(9)(c).
32..................... Standards for 51 FR 35190, 10/01/86. 180:(1).
Generators-Waste
Minimization
Certification.
42..................... Exception Reporting for 52 FR 35894, 09/23/87. 220: (2)(a); (2)(b) & (c), 210 & 220.
Small 52 Quantity
Generators of
Hazardous Waste*.
44C.................... Corrective Action for 52 FR 45788, 12/01/87. (WAC 173-216-050): 400:(2)(c)(ii),
Injection Wells*. 802:(3).
44D.................... Permit Modification.... 52 FR 45788, 12/01/87. 830:(3)(a)(iii).
44E.................... Permit as a Shield 52 FR 45788, 12/01/87. 810:(8).
Provision.
44F.................... Permit Conditions to 52 FR 45788, 12/01/87. 800:(11).
Protect Human Health
and the Environment.
44G.................... Post-Closure Permits... 52 FR 45788, 12/01/87. 802:(2), 806:(4)(a)(xiii), 800:(9);
(9)(a); (9)(b); (9)(b)(i);
(9)(b)(ii); (10)(a); (10)(b);
(10)(c).
47..................... Identification and 53 FR 27162, 07/19/88. 070:(8)(a)(ii) & (iii).
Listing of Hazardous
Waste; Technical
Correction.
56..................... Identification and 53 FR 43878, 10/31/88. 9903, 9905.
Listing of Hazardous
Waste; Removal of Iron
Dextran from the List
of Hazardous Wastes.
57..................... Identification and 53 FR 43881, 10/31/88. 9903, 9905.
Listing of Hazardous
Waste; Removal of
Strontium Sulfide from
the List of Hazardous
Waste.
64..................... Delay of Closure Period 54 FR 33376, 08/14/89. 300:(2); (4)(a); (5)(a),
for Hazardous Waste 610:(3)(c)(ii)(A); (3)(c)(ii)(B);
Management Facilities*. (4)(a); (4)(a)(ii)(A); (4)(b);
(4)(b)(ii)(A); (4)(c); (4)(d);
(4)(d)(i); (4)(d)(i)(A);
(4)(d)(i)(B); (4)(d)(i)(C);
(4)(d)(i)(D); (4)(d)(i)(E);
(4)(d)(ii); (4)(d)(iii); (4)(d)(iv);
(4)(e); (4)(e)(i); (4)(e)(i)(A);
(4)(e)(i)(B); (4)(e)(ii);
(4)(e)(iii); (4)(e)(iv);
(4)(e)(iv)(A); (4)(e)(iv)(B);
(4)(e)(iv)(C); (4)(e)(v); (4)(e)(vi);
(4)(e)(vii); (4)(e)(vii)(A);
(4)(e)(vii)(B); (4)(e)(vii)(C);
(4)(e)(vii)(D); (4)(e)(vii)(E),
620:(3)(a)(iii); (3)(a)(iv),
300:(2);(4)(a); (5)(a), 400:(3)(a),
830:Appendix 1 D.(1)(f).
67..................... Testing and Monitoring 54 FR 40260, 09/29/89. 110:(3)(a); (3)(f).
Activities.
68..................... Reportable Quantity 54 FR 41402, 10/06/89. 9904, 110:(3)(f), 082:(4).
Adjustment Methyl
Bromide Production
Waste.
69..................... Reportable Quantity 54 FR 50968, 12/11/89. 9904, 082:(4), 9905.
Adjustment.
72..................... Modification of F019 55 FR 5340, 02/14/90.. 9904.
Listing.
73..................... Testing and Monitoring 55 FR 8948, 03/09/90.. 110:(3)(a), 110:(3)(f).
Activities; Technical
Corrections.
75..................... Listing of 1,1- 55 FR 18496, 05/02/90. 9904, 110:(3)(f), 082:(4).
Dimethylhydrazine
Production Wastes.
77..................... HSWA Codification Rule; 55 FR 19262, 05/09/90. 650:(2)(j), 665:(2)(h).
Double Liners;
Correction.
79..................... Hazardous Waste 55 FR 25454, 06/21/90. 110:(3)(g), 120:(4)(c); (4)(d);
Treatment, Storage, (4)(e), 300:(5)(f); 320:(2)(c),
and Disposal 380:(1)(c); (1)(f), 390:(3)(d),
Facilities--Organic 690:(1)(a); (1)(b); (1)(b)(i);
Air Emission Standards (1)(b)(ii); (1)(b)(iii); (2),
for Process Vents and 691:(1)(a); (1)(b); (b)(i);
Equipment Leaks. (1)(b)(ii); (1)(c); (1)(d);
(1)(e);(2); 300:(5)(f), 320:(2)(c),
380:(1)(c); (1)(f), 390:(3)(d),
400:(3)(a), 806:(4)(a)(v);
(4)(a)(viii)(D); (4)(a)(viii)(E);
(4)(a)(viii)(F); (4)(j); (4)(j)(i);
(j)(ii); (4)(j)(ii)(A);
(4)(j)(ii)(B); (4)(j)(ii)(C);
(4)(j)(iii); (4)(j)(iv);
(4)(j)(iv)(A); (4)(j)(iv)(B);
(4)(j)(iv)(C); (4)(j)(iv)(D);
(4)(j)(iv)(E); (4)(k); (4)(k)(i);
(4)(k)(i)(A); (4)(k)(i)(B);
(4)(k)(i)(C); (4)(k)(i)(D);
(4)(k)(i)(E); (4)(k)(i)(F);
(4)(k)(ii); (4)(k)(iii); (4)(k)(iv);
(4)(k)(v); (4)(k)(v)(A);
(4)(k)(v)(B); (4)(k)(v)(C);
(4)(k)(v)(D); (4)(k)(v)(E).
[[Page 55145]]
81..................... Petroleum Refinery 55 FR 46354, 11/02/90; 9904, 9904; ftnote: 2; 2(a); 2(b)(i);
Primary and Secondary as amended on 12/17/ 2(b)(i)(i); 2(b)(i)(ii);
Oil/Water/Solids 90 at 55 FR 51707. 2(b)(i)(iii); 2(b)(ii); 2(b)(ii)(i);
Separation Sludge 2(b)(ii)(ii); 2(c)(i); 2(c)(ii);
Listings (F037 & F038). 2(c)(ii)(A); 2(c)(ii)(B), 082:(4).
84..................... Toxicity 56 FR 5910, 02/13/91.. 506: (2)(3).
Characteristic;
Chlorofluoro-carbon
Refrigerants*.
86..................... Removal of Strontium 56 FR 7567, 02/25/91.. 9903, 9904.
Sulfide From the List
of Hazardous Wastes;
Technical Amendment.
87..................... Organic Air Emission 56 FR 19290, 04/26/91. 690: (1)(a); (1)(b); (2), 691:(2),
Standards for Process 300:(5)(f), 380:(1)(c), 400:(3)(a),
Vents and Equipment 806:(4)(j)(iv)(B); (4)(k)(v)(B).
Leaks; Technical
Amendment.
89..................... Revision to the 56 FR 21955, 05/13/91. 9904.
Petroleum Refining
Primary and Secondary
Oil/Water/Solids
Separation Sludge
Listings (F037 and
F038).
97..................... Exports of Hazardous 56 FR 43704, 09/04/91. 230:(1).
Waste; Technical
Correction.
99..................... Amendments to Interim 56 FR 66365, 12/23/91. 040, 400:(3)(a).
Status Standards for
Downgradient Ground-
Water Monitoring Well
Locations.
100.................... Liners and Leak 57 FR 3462, 01/29/92.. 040, 320:(2)(c), 335:(1); (1)(a);
Detection Systems for (1)(b); (1)(b)(i); (1)(b)(ii);
Hazardous Waste Land (1)(b)(iii); (1)(b)(iv); (1)(b)(v);
Disposal Units. (1)(b)(vi); (2); (2)(a); (2)(b);
(2)(c); (3); (3)(a); (3)(a)(i);
(3)(a)(ii); (3)(a)(iii); (3)(b); (4),
380:(1)(f), 650:(2)(j); (2)(j)(i);
(2)(j)(i)(A); (2)(j)(i)(B);
(2)(j)(ii); (2)(j)(iii);
(2)(j)(iii)(A); (2)(j)(iii)(B);
(2)(j)(iii)(C); (2)(j)(iii)(D);
(2)(j)(iii)(E); (2)(j)(iv);
(2)(j)(v); (2)(k); (2)(k)(i);
(2)(k)(ii); (2)(m); (2)(m)(i);
(2)(m)(ii); (2)(f); (g) (h); (i);
(10)(a); (10)(b); (11)(a); (11)(b);
(11)(b)(i); (11)(b)(ii);
(11)(b)(iii); (11)(b)(iv);
(11)(b)(v); (11)(b)(vi); (11)(c);
(11)(c)(i); (11)(c)(ii);
(11)(c)(iii); (11)(c)(iv); (4)(d)(i);
(4)(d)(ii); (4)(d)(iii); (6)(b)(ii);
(6)(b)(iii); (6)(b)(iv), 660:(2)(j);
(2)(j)(i); (2)(j)(i)(A);
(2)(j)(i)(B); (2)(j)(i)(C);
(2)(j)(ii); (2)(j)(iii);
(2)(j)(iii)(A); (2)(j)(iii)(B);
(2)(j)(iii)(C); (2)(j)(iii)(D);
(2)(j)(iii)(E); (2)(j)(iv);
(2)(j)(v); (2)(k); (2)(k)(i);
(2)(k)(ii); (2)(l); (2)(m);
(2)(m)(i); (2)(m)(ii); (2)(d)(e);
(f); (g); (h) & (i); (3)(a); (4)(a);
(4)(b); (4)(b)(i); (4)(b)(ii);
(4)(b)(iii); (4)(b)(iv); (4)(b)(v);
(4)(b)(vi); (4)(c); (4)(c)(i)(A);
(4)(c)(i)(B); (4)(c)(i)(C);
(4)(c)(ii); (5)(c), 665:(h);
(2)(h)(i); (2)(h)(i)(A);
(2)(h)(i)(B); (2)(h)(i)(C);
(2)(h)(ii); (2)(h)(iii);
(2)(h)(iii)(A); (2)(h)(iii)(B);
(2)(h)(iii)(C); (2)(h)(iii)(D);
(2)(h)(iii)(E); (2)(h)(iv);
(2)(h)(v); (j); (j)(i); (j)(ii);
(2)(l); (2)(l)(i); (2)(l)(ii); (2)(c)-
(g); (8)(a); (8)(b); (4)(c)(i);
(4)(c)(ii); (4)(c)(iii); (9)(a);
(9)(b); (9)(b)(i); (9)(b)(ii);
(9)(b)(iii); (9)(b)(iv); (9)(b)(v);
(9)(b)(vi); (9)(c); (9)(c)(i);
(9)(c)(ii); (9)(c)(iii); (9)(c)(iv);
(6)(b)(ii); (6)(b)(iv)-(vi),
320:(2)(c), 400:(3)(a), 380:(1)(f),
810:(8)(a); (8)(a)(i); (8)(a)(ii);
(8)(a)(iii), 806:(4)(d)(ii);
(4)(d)(ii)(D); (4)(d)(ii)(E);
(4)(d)(ii)(F); (4)(d)(ii)(G);
(4)(d)(ii)(B) & (C); (d)(iv);
(4)(e)(iii); (4)(e)(iii)(A)(I);
(4)(e)(iii)(A)(II);
(4)(e)(iii)(A)(III);
(4)(e)(iii)(A)(IV);
(4)(e)(iii)(A)(V); (4)(e)(v);
(4)(h)(ii); (4)(h)(ii)(A)(I);
(4)(h)(ii)(A)(II);
(4)(h)(ii)(A)(III);
(4)(h)(ii)(A)(IV); (4)(h)(ii)(A)(V);
(4)(h)(iv), 830 appendix 1.
113.................... Consolidated Liability 53 FR 33938, 09/01/88; 620: (2)(h); (4)(b); (6)(b); (8)(a);
Requirements: 56 FR 30200, 07/01/ (8)(b); (8)(f); (10), 400:(3)(a).
Financial 91; 57 FR 42832, 09/
Responsibility for 16/92.
Third-Party Liability,
Closure, and Post-
Closure.
115.................... Chlorinated Toluenes 57 FR 47376, 10/15/92. 9904, 082:(4).
Production Waste
Listing.
118.................... Liquids in Landfills II 57 FR 54452, 11/18/92. 040, 300:(6)(c), 140:(4)(b)(i);
(4)(b)(ii)(A)(II); (4)(b)(iv);
(4)(b)(iv)(A); (4)(b)(iv)(A)(I);
(4)(b)(iv)(A)(II);
(4)(b)(iv)(A)(III); (4)(b)(iv)(B);
(4)(b)(iv)(B)(I); (4)(b)(iv)(B)(II);
(4)(b)(v); (4)(b)(v)(A);
(4)(b)(v)(B), 161:(2); (3),
400:(3)(a).
[[Page 55146]]
119.................... Toxicity Characteristic 57 FR 55114, 11/24/92; 110:(3)(f).
Revision; TCLP as amended on 02/02/
Correction. 93 at 58 FR 6854.
137.................... Universal Treatment 59 FR 47982, 09/19/94; 017:(5)(a); (5)(a)(ii); (5)(b)(i);
Standards and as amended at 60 FR (5)(b)(ii); (6); (7); (7)(a); (7)(b);
Treatment Standards 242, 01/03/95. (2)(iii), 600:(3)(n), 400:(2)(c)(ix),
for Organic Toxicity 505:(2)(c), 140:(2)(a).
Characteristics Wastes
and Newly Listed Waste
(HSWA/Non-HSWA).
14..................... Dioxin Waste Listing 50 FR1978, 01/14/85... 070:(8)(a); (7)(a), 081:(2)(a)(iv) &
and Management 082:(2)(b), 160:(2)(a); (2)(b)&(c),
Standards*. 082:(2)(a); 9904, 9903, 110:(3)(c);
082:(5); 9905, 110:(3)(d);
630:(7)(c), 650:(9)(a); (9)(b),
660:(10)(a); (10)(b), 655:(12)(a);
(12)(b), 140:(2)(a), 600:(6) &
665:(1); 670:(4)(a)(i), 400:(3)(a),
806:(4)(a)(vii); (4)(c)(vii);
(4)(d)(x); (4)(e)(x); (4)(g)(viii);
(4)(h)(vii).
60..................... Amendment to 54 FR 4286, 01/30/89.. 807:(10).
Requirements for
Hazardous Waste
Incinerator Permits.
49 & 129 (Consolidated Identification and 53 FR 27290, 07/29/88; 040, 071:(3)(r)(i); (3)(r)(i)(A);
Checklist). Listing of Hazardous 59 FR 8362, 02/18/94. (3)(r)(i)(B); (3)(r)(i)(C);
Waste; Treatability (3)(r)(ii); (3)(r)(ii)(A);
Studies Sample (3)(r)(ii)(B); (3)(r)(ii)(C);
Exemption* as of 06/30/ (3)(r)(ii)(C)(I); (3)(r)(ii)(C)(II);
94. (3)(r)(ii)(D); (3)(r)(ii)(E);
(3)(r)(ii)(E)(I)-(III);
(3)(r)(ii)(F); (3)(r)(iii);
(3)(r)(iii); (3)(r)(iii)(A);
(3)(r)(iii)(B); (3)(r)(iii)(C);
(3)(r)(iii)(C)(I);
(3)(r)(iii)(C)(II);
(3)(r)(iii)(C)(III);
(3)(r)(iii)(C)(IV);
(3)(r)(iii)(C)(V); (3)(s); (3)(s)(i);
(3)(s)(ii); (3)(s)(iii); (3)(s)(iv);
(3)(s)(v); (3)(s)(vi); (3)(s)(vii);
(3)(s)(vii); (A thru G);
(3)(s)(viii); (3)(s)(ix);
(3)(s)(ix)(A thru G); (3)(s)(x);
(3)(r)(i)(D); (3)(s)(xi).
82, 91, 92, 101, & 120 Wood Preserving 55 FR 50450, 12/06/90; 040, 071:(3)(w)(i); (3)(w)(ii), 9904,
(Consolidated Listing* as of 06/30/ 56 FR 27332, 06/13/ 083:(1); (2); (2)(a); (2)(a)(i);
checklist). 94. 91; 56 FR 30192, 07/ (2)(a)(ii); (2)(a)(iii); (2)(b);
01/91; 57 FR 5859, 02/ (2)(b)(i); (2)(b)(i)(A);
18/92; 57 FR 61492, (2)(b)(i)(B); (2)(b)(i)(C);
12/24/92. (2)(b)(i)(D); (2)(b)(i)(E);
(2)(b)(ii); (2)(b)(ii)(A);
(2)(b)(ii)(B); (2)(b)(iii);
(2)(b)(iii)(A); (2)(B)(iii)(B);
(2)(b)(iv); (2)(c); (2)(c)(i);
(2)(c)(i)(A); (2)(c)(i)(B);
(2)(c)(i)(C); (2)(c)(ii); (2)(d);
(3); (3)(a); (3)(b); (3)(c); (3)(d);
(3)(e); (3)(f); (3)(g); (3)(h);
(3)(i); (3)(j); (3)(k); (3)(l),
110:(3)(f), 082:(4), 9905,
200:(1)(b); (1)(b)(i); (1)(b)(ii);
(1)(b)(iii); (1)(b)(iii)(A);
(1)(b)(iii)(B); (1)(c), 640:(1);
(1)(d), 675:(1)(a); (1)(b); (1)(c);
(1)(c)(i); (1)(c)(ii); (1)(c)(iii);
(1)(c)(iv); (2)(a); (2)(b); (2)(c);
(2)(d); (3); (3)(a); (3)(b); (4)(a);
(4)(a)(i); (4)(a)(ii); (4)(a)(iii);
(4)(a)(iv)(A); (4)(a)(iv)(B);
(4)(a)(v); (4)(b); (4)(b)(i);
(4)(b)(i)(A); (4)(b)(i)(B);
(4)(b)(i)(C); (4)(b)(ii);
(4)(b)(ii)(A); (4)(b)(ii)(A)(I);
(4)(b)(ii)(A)(II); (4)(b)(ii)(B);
(4)(b)(ii)(C); (4)(b)(iii); (4)(c);
(4)(d); (4)(e); (4)(f); (4)(g);
(4)(h); (4)(i); (4)(j); (4)(k);
(4)(l); (4)(m); (4)(m)(i);
(4)(m)(i)(A); (4)(m)(i)(B);
(4)(m)(i)(C); (4)(m)(i)(D);
(4)(m)(ii); (4)(m)(iii); (4)(n);
(4)(o); (5)(a); (5)(b); (5)(b)(i);
(5)(b)(ii); (5)(b)(iii); (6)(a);
(6)(b); (6)(c)(i); (6)(c)(i)(A);
(6)(c)(i)(B); (6)(c)(ii); 400:(3)(a),
806:(4)(l); (4)(l)(i); (4)(l)(ii);
(4)(l)(iii); (4)(l)(iii)(A);
(4)(l)(iii)(B); (4)(l)(iii)(C);
(4)(l)(iii)(D); (4)(l)(iii)(E);
(4)(l)(iii)(F); (4)(l)(iii)(G);
(4)(l)(iii)(H); (4)(l)(iii)(I);
(4)(l)(iii)(J); (4)(l)(iii)(K);
(4)(l)(iii)(L); (4)(l)(iii)(M);
(4)(l)(iii)(N); (4)(l)(iii)(O);
(4)(l)(iii)(P).
[[Page 55147]]
34, 39, 50, 62, 63, 66, Land Disposal 51 FR 40572, 11/07/86; Chapter 42.17 RCW; RCW, 43.21A.160,
78, 83, 95, 102, 103, Restrictions* as of 06/ 52 FR 21010, 06/04/ (WAC 173-303-...) 040, 110:(3)(g);
106, 109, 116, 123 & 30/94. 87; 52 FR 25760, 07/ 090:(5)(a)(i), 910:(1)(a); (2); (4),
124 (Consolidated 08/87; 52 FR 41295, 016:(a), 071:(3)(bb)(i); (3)(bb)(ii);
checklist). 10/27/87; 53 FR (2)(a)(ii)(A); (2)(c); (2)(c)(i);
31138, 08/17/88; 54 (2)(c)(ii); (3)(x); (3)(n); (3)(l);
FR 8264, 02/27/89; 54 (3), 070:(2)(a)(ii)(A); (2)(c);
FR 18836, 05/02/89; (8)(a) & (b); (3)(a)(iii); (1)(b);
54 FR 26594, 06/23/ (1)(b) & (7)(a) & (7)(c); (7);
89; 54 FR 36967, 09/ (8)(a); (6), 081:(2); (1)(c),
06/89; 55 FR 23935, 120:(2)(a); (4)(d), 160:(3),
06/13/90; 55 FR 090:(5)(b); (6)(b); (7)(b); (8)(b),
22520, 06/01/90; 56 9904; 082:(4), 200:(1)(b)(iii);
FR 3864, 01/31/91; 56 (1)(b)(iii)(B); (1)(b)(iv);
FR 41164, 08/19/91; (1)(b)(iv)(A); (1)(b)(iv)(B); (1)(c);
57 FR 8086, 03/06/92; (1)(e) & (f), 201:(2), 230:(3)(b);
57 FR 20766, 05/15/ 240:(5), 600:(3)(n); (6), 300:(2);
92; 57 FR 28628, 06/ (5)(f); (5)(h); (5)(h)(i);
26/92; 57 FR 37194, (5)(h)(ii); (5)(h)(iii);
08/18/92; 57 FR (5)(h)(iii)(A); (5)(h)(iii)(B);
47772, 10/20/92; 58 (5)(h)(iii)(B)(I);
FR 28506, 05/14/93; (5)(h)(iii)(B)(II), 380:(1)(c);
58 FR 29860, 05/24/93. (1)(i); (1)(j); (1)(k); (1)(l);
(1)(m); (1)(n); (1)(o), 610:(b);
(1)(b); (2)(b); (3)(a); (1)(b)(i);
(1)(b)(iv); (1)(b)(ii); (1)(b)(v);
(3)(a), 650:(7), 660: (7), 655:(9),
665:(10)(a); (8)(b), 161:(7), 695,
400:(2)(c)(ix); (4); (3)(a),
505:(1)(b), 140:(2)(a), 806:(2);
(4)(a)(ii); (4)(a)(xviii)(M); (3),
800:(8), 830:(4)(e)(iii)(B), 830
Appendix 1:B.1.b.; B.1.c.; B.1.d.;
1.6.; M, 805:(7)(b)(vi); (7)(b).
17C.................... Household Waste........ 50 FR 28702, 07/15/85. 071:(3)(c).
17E.................... Location Standards for 50 FR 28702, 07/15/85. 280:(5).
Salt Domes, Salt Beds,
Underground Mines and
Caves.
17G.................... Dust Suppression*...... 50 FR 28702, 07/15/85. 505:(2)(c); (2)(d).
17M.................... Pre-construction Ban*.. 50 FR 28072, 07/15/85. 806:(5).
17O.................... Omnibus Provision...... 50 FR 28702, 07/15/85. 810:(19).
58..................... Standards for 53 FR 45089, 11/08/88. 180:(1).
Generators of
Hazardous Waste;
Manifest Renewal.
70 (Changes to Part 124 Environmental Permit 48 FR 14146, 04/01/83; 806:(2), 840:(1); (10)(a); (10)(b) &
Not Accounted for by Regulations; RCRA 48 FR 30113, 06/30/ (d); (10)(e); (2)(d)(i) & (ii);
Present Checklist). Hazardous Waste; SDWA 83; 53 FR 28118, 07/ (2)(d)(iii); (3)(e)(i)(C);
Underground Injection 26/88; 53 FR 37396, (3)(e)(i)(D); (3)(e)(i)(E); (5)(a).
Control; CWA National 09/26/88; 54 FR 246,
Pollutant Discharge 01/04/89.
Elimination System;
CWA Section 404 Dredge
or Fill Programs; and
CAA Prevention of
Significant
Deterioration (See
Revision Checklist 70
in Non-Hwsa Cluster
VI) Hazardous Waste
Management System;
Permit Program;
Requirements for
Authorization of State
Programs; Procedures
for Decision making;
Identification and
Listing of Hazardous
Waste; Standards for
Owners and Operators
of Hazardous Waste
Storage, Treatment,
and Disposal
Facilities;
Correction, Safe
Drinking Water Act;
National Drinking
Water Regulations;
Indian Lands, National
Pollutant Discharge
Elimination System
Permit Regulations.
71..................... Mining Waste Exclusion 55 FR 2322, 01/23/90.. 040, 180:(3)(f).
II**.
110.................... Coke By-Products 57 FR 37284, 08/18/92. 071:(3)(cc), 9904, 082:(4).
Listings.
126.................... Testing and Monitoring 58 FR 46040, 08/31/93; 110:(3)(a); (3)(h)(iii); (3)(f); (1),
Activities*. as amended 09/19/94 910:(4)(a), 090:(6)(a)(i);
at 59 FR 47980. (6)(a)(ii); (8)(a), 640:(1)(b),
140:(4)(b)(iii); (2)(a), 400:(3)(a),
806:(4)(f)(iii)(A)(III);
(4)(f)(iii)(A)(IV), 807:(2)(a)(iii);
(2)(a)(iv).
128.................... Wastes From the Use of 59 FR 458, 01/04/94... 110:(3)(a), 9905.
Chlorophenolic
Formulations in Wood
Surface Protection.
131.................... Record keeping 59 FR 13891, 03/24/94. 380:(2)(c) Table 1; (2)(d) Table 2.
Instructions;
Technical Amendment.
133.................... Letter of Credit 59 FR 29958, 06/10/94. 620:(10).
Revision.
134.................... Correction of Beryllium 59 FR 31551, 06/20/94. 9903, 9905, 140:(2)(a).
Powder (P015) Listing.
[[Page 55148]]
135.................... Recovered Oil Exclusion 59 FR 38536, 07/28/94. 071:(3)(p); (3)(cc), 120:(2)(a)(v);
(2)(a)(vi), (2)(a)(viii); (2)(a)(ix).
136.................... Removal of the 59 FR 43496, 08/24/94. 505:(1)(b)(ii), 140:(2)(a).
Conditional Exemption
for Certain Slag
Residues.
139.................... Testing and Monitoring 60 FR 3089, 01/13/95.. 110:(3)(a).
Activities Amendment I.
140.................... Carbamate Production 60 FR 7824, 02/09/95; 071:(3)(dd), 9904, 9903, 082:(4),
Identification and as amended at 60 FR 9905.
Listing of Hazardous 19165, 04/17/95; and
Waste*. at 60 FR 25619, 05/12/
95.
141.................... Testing and Monitoring 60 FR 17001, 04/04/95. 110:(3)(a).
Activities Amendment
II.
142.................... Universal Waste Rule:.. 60 FR 25492, 05/11/95. 040:intro, 070:(7)(c); (7)(c)(i);
142A................... General Provisions* (7)(c)(iii); (7)(c)(iv); (7)(c)(v);
(8)(b)(iii); (8)(b)(iii)(A)-(C) &
(E); (8)(b)(iii)(D); (8)(b)(iii)(G);
077 intro, 070:(1)(c); (7); (8); (b),
600:(3)(o), 400:(2)(ix), 140:(2)(a),
800:(7)(c)(iii), 573:(1)(a); (1)(b);
(4)(a); (4)(a)(i); (4)(a)(ii);
(4)(b), 040, 573:(6); (7); (7)(a);
(7)(b); (8); (10); (11)(a); (11)(b);
(11)(c); (11)(c)(i); (11)(c)(ii);
(11)(c)(iii); (11)(c)(iv);
(11)(c)(v); (11)(c)(vi); (12);
(13)(a); (13)(b); (14)(a); (14)(b);
(14)(c); (14)(d); (14)(e);
(14)(e)(i); (14)(e)(ii); (14)(f);
(14)(f)(i); (14)(f)(ii); (14)(g);
(14)(h); (15); (16); (16)(a);
(16)(b); (16)(c); (17); (18);
(18)(a); (18)(b); (19)(a)(i);
(19)(a)(ii); (19)(b); (19)(b)(i);
(19)(b)(ii); (19)(b)(iii);
(19)(b)(iv); (19)(b)(v); (21);
(22)(a); (22)(b); (22)(c);
(22)(c)(i); (22)(c)(ii);
(22)(c)(iii); (22)(c)(iv);
(22)(c)(v); (22)(c)(vi); (23);
(24)(a); (24)(b); (25)(a); (25)(b);
(25)(c); (25)(d); (25)(e);
(25)(e)(i); (25)(e)(ii); (25)(f);
(25)(f)(i); (25)(f)(ii); (25)(g);
(25)(h); (26)(a); (26)(a)(i);
(26)(a)(ii); (26)(a)(iii); (26)(b);
(26)(b)(i); (26)(b)(ii);
(26)(b)(iii); (26)(c)(i);
(26)(c)(ii); (27); (27)(a); (27)(b);
(27)(c); (28); (29); (29)(a);
(29)(b); (30)(a); (30)(b); (31)(a);
(31)(b); (32)(a); (32)(b); (33)(a);
(33)(b); (34); (34)(a); (34)(b);
(35)(a); (35)(b); (36)(a); (36)(b);
(36)(b)(i); (36)(b)(ii); (36)(c);
(36)(d); (37)(a); (37)(a)(i);
(37)(a)(ii); (37)(a)(iii); (37)(b);
(38); (38)(a); (38)(b); (38)(c).
142B................... Specific Provisions for 60 FR 25492, 05/11/95. 040, 120:(2)(iv); (v); (vii); (viii),
Batteries. 077:(a), 600:(3)(o)(i),
400:(2)(c)(xi)(A), 520:(intro); (1);
(2), 140:(2)(a), 800:(7)(c)(iii)(A),
573:(1)(a)(i); (2)(a)(i); (2)(a)(ii);
(2)(b); (2)(b)(i); (2)(b)(ii);
(2)(b)(iii); (2)(c)(i); (2)(c)(ii);
(9)(a); (9)(a)(i); (9)(a)(ii);
(9)(a)(ii)(A); (9)(a)(ii)(B);
(9)(a)(ii)(C); (9)(a)(ii)(D);
(9)(a)(ii)(E); (9)(a)(ii)(F);
(9)(a)(ii)(G); (9)(a)(iii);
(9)(a)(iii)(A); (9)(a)(iii)(B);
(10)(a); (20)(a); (20)(a)(i);
(20)(a)(ii); (20)(a)(ii)(A);
(20)(a)(ii)(B); (20)(a)(ii)(C);
(20)(a)(ii)(D); (20)(a)(ii)(E);
(20)(a)(ii)(F); (20)(a)(ii)(G);
(20)(a)(iii); (20)(a)(iii)(A);
(20)(a)(iii)(B); (21)(a).
142D................... Specific Provisions for 60 FR 25492, 05/11/95. 040, 077:(b), 600:(3)(o)(ii),
Thermostats. 400:(2)(c)(xi)(B), 140:(2)(a),
800:(7)(c)(iii)(B), 573:(1)(a)(ii);
(3)(a); (3)(b); (3)(b)(i);
(3)(b)(ii); (3)(c)(i); (3)(c)(ii);
(9)(b); (9)(b)(i); (9)(b)(ii);
(9)(b)(ii)(A); (9)(b)(ii)(B);
(9)(b)(ii)(C); (9)(b)(ii)(D);
(9)(b)(ii)(E); (9)(b)(ii)(F);
(9)(b)(ii)(G); (9)(b)(ii)(H);
(9)(b)(iii)(A); (9)(b)(iii)(A)(I);
(9)(b)(iii)(A)(II); (9)(b)(iii)(B);
(9)(b)(iii)(C); (10)(b); (20)(b);
(20)(b)(i); (20)(b)(ii);
(20)(b)(ii)(A); (20)(b)(ii)(B);
(20)(b)(ii)(C); (20)(b)(ii)(D);
(20)(b)(ii)(E); (20)(b)(ii)(F);
(20)(b)(ii)(G); (20)(b)(ii)(H);
(20)(b)(iii)(A); (20)(b)(iii)(A)(I);
(20)(b)(iii)(A)(II); (20)(b)(iii)(B);
(2)(b)(iii)(C); (21)(b).
142E................... Petition Provisions to 60 FR 25492, 05/11/95. 910:(1)(a); (7)(a); (2)(b); (7)(c);
Add a New Universal (7)(d), 573:(39)(a); (39)(b);
Waste. (39)(c); (40)(a); (40)(b); (40)(c);
(40)(d); (40)(e); (40)(f); (40)(g);
(40)(h).
145.................... Liquids in Landfills 60 FR 35703, 07/11/95. 140:(4)(b)(iv)(A)(II);
III. (4)(b)(iv)(A)(III).
150.................... Amendments to the 61 FR 13103, 03/26/96. 071:(3)(cc).
Definition of Solid
Waste; Amendment II:
Recovered Oil
Exclusion, Correction.
[[Page 55149]]
159.................... Conformance with the 62 FR 32974, 06/17/97. 9904, 9903, 9905, 082:(4), 140:(2)(a).
Carbamate Vacatur:
Carbamate Production,
Identification and
Listing of Hazardous
Waste; Land Disposal
Restrictions.
----------------------------------------------------------------------------------------------------------------
*Indicates State provision is more stringent.
**Indicates State provision is broader in scope.
G. Where Are the Revised State Rules Different From the Federal
Rules?
Certain portions of the federal program are not delegable to the
states because of the Federal government's special role in foreign
policy matters and because of national concerns that arise with certain
decisions. EPA does not delegate import/export functions. Under the
RCRA regulations found in 40 CFR Part 262 EPA will continue to
implement requirements for import/export functions. EPA does not
delegate sections of 40 CFR part 268 because of the national concerns
that must be examined when decisions are made under the following
Federal Land Disposal Restriction requirements: 40 CFR 268.5--
Procedures for case-by-case effective date extensions; 40 CFR 268.6--
``No migration'' petitions; 40 CFR 268.42(b)--applications for
alternate treatment methods; and 40 CFR 268.44(a)-(g)--general
treatment standard variances. Washington's state program has excluded
these requirements from its state regulations and EPA will continue to
implement these requirements. The Federal Land Disposal Restrictions
governing site-specific variances, 40 CFR 268.44(h)-(m) are delegable
to the states but the State program excluded the requirements of 40 CFR
268.44(i)-(m) from its state regulations. EPA will continue to
implement these requirements. The state program is authorized under
today's rulemaking, effective on the effective date of this rule, for
its regulation equivalent to 40 CFR 268.44(h).
States are allowed to seek authorization for state requirements
that are more stringent than federal requirements. EPA has authority to
authorize and enforce those parts of a state's program EPA finds to be
more stringent than the federal program. The following state
regulations are more stringent than the federal provisions and are part
of the State's authorized program:
Exports of Hazardous Waste (51 FR 28664, 8/8/86, Checklist 31): The
State regulation WAC 173-303-220(1)(a), as applicable to U.S. shipments
and U.S. sites, is more stringent than the federal requirements found
at 40 CFR 262.41(a) because, as to those U.S. shipments and U.S. sites,
the State program requires annual reporting whereas the federal rule
requires biennial reporting.
Exception Reporting for Small Quantity Generators of Hazardous
Waste (52 FR 35894, 9/23/87, Checklist 42): The State regulations WAC
173-303-210, 220 and 220(2)(a) are more stringent for exception
reporting for generators of 100 to 1,000 kg/month because the state
regulations require such generators to follow the same requirements as
generators of greater than 1000 kg/month. The State is also more
stringent at WAC 173-303-220(2)(d) because the State program can
require a generator to submit exception reports in less time than the
federal program if the generator endangers public health or the
environment.
Corrective Action for Injection Wells (52 FR 45788, 12/1/87,
Checklist 44C): The State's regulation for ``permit by rule,'' WAC 173-
303-802(3), for injection wells is more stringent than the federal
requirements 40 CFR 264.101, 270.60(b)(3)(i) and (b)(3)(ii) because the
State program requires compliance with WAC 173-303-060, the use of
notification and identification numbers. The State program's
prohibition on the disposal of state-only extremely hazardous waste
(EHW) in underground injection wells is a provision that is broader in
scope than the federal program and is not authorized as part of this
decision.
Treatability Studies Sample Exemption (53 FR 27290, 7/29/88,
Checklist 49): The State's program has two provisions for which the
State is more stringent than the federal requirements found at 40 CFR
261.4(e)(2)(vi) and 40 CFR 261.4(f). At WAC 173-303-071(3)(r)(ii)(F)
and WAC 173-303-071(3)(s) the state requires annual rather than
biannual reports. The State also has provisions at 173-303-
071(3)(s)(xii) and (xiii) which are more stringent than federal
requirements because they require the date, the words hazardous or
dangerous waste and the major risks associated with the waste to be
marked on each container. The State program's provision at 173-303-
071(3)(r)(i)(D) is not considered more stringent but is a clarification
consistent with the Federal rule 40 CFR 261.4 (f)(10).
Delay of Closure Period for Hazardous Waste Management Facilities
(54 FR 33376, 8/14/89, Checklist 64): The State's regulation WAC 173-
303-610(3)(c)(ii)(A) is more stringent than the federal requirement
found at 40 CFR 264.112(d)(2)(i) because it requires the owner or
operator to continue to take steps to prevent threats to human health
and the environment beyond those otherwise required by the federal
regulation.
Toxicity Characteristic: Chlorofluorocarbon Refrigerants (56 FR
5910, 2/13/91, Checklist 84): The State's regulations, WAC 173-303-
506(2) and (3), are more stringent than the federal requirement found
at 40 CFR 261.4(b)(12) because the state program includes generator
record keeping requirements and facility requirements.
Wood Preserving Listings (56 FR 30192, 7/1/99, Checklist 92): The
State's regulation WAC 173-303-200(1)(b)(i) is more stringent than the
Federal requirements found at 40 CFR 262.34(a)(1)(i) because of the
following cross citations:
At WAC 173-303-640(2), analog to 40 CFR 265.171, the State
program requires the owner or operator to address leaks, spills and
discharges into the environment and in emergencies;
At WAC 173-303-640(3), the State program requires the
owner or operator to label containers to identify the major risks
associated with the contents of the container;
The State program specifies at WAC 173-303-640(5), analog
to 40 CFR 265.173, a minimum aisle space between containers and that a
row of containers must be no wider than 2 drums;
The State program requires at WAC 173-303-640(6), analog
to 40 CFR 265.174, that an inspection log must be maintained;
The State has particular requirements for incompatible
wastes, WAC 173-303-640(10), for closure; and
The State program has authority to require secondary
containment.
The State's wording although different at WAC 173-303-640(8),
analog to 40 CFR 265.176, is equivalent
[[Page 55150]]
to the federal program because the State requires that containers be
stored in a manner equivalent to the Uniform Fire Code.
The State's regulation WAC 173-303-200(l)(b)(ii) is more stringent
than the Federal requirements found at 40 CFR 262.34(a)(l)(ii), because
of the following cross citations:
WAC 173-303-640(2)(e) and WAC 173-303-640(3)(b) in the
state program require scheduling integrity assessments;
WAC 173-303-640(5)(d) and (e) provide additional
protective requirements in the state program: WAC 173-303-640(5)(d)
requires the operator to label tanks to identify the waste contained in
the tank; WAC 173-303-640(5)(e) requires all tank systems that hold
dangerous wastes that are acutely or chronically toxic by inhalation to
be designed to prevent the escape of vapors, fumes or other emissions
into the air;
WAC 173-303-640(7)(d)(i) is more stringent than the
Federal analog, 40 CFR 265.196(d) because the State program requires a
facility to report, whichever is the less, any release greater than or
equal to one pound, or the reportable quantity, while the federal
regulation requires reporting only of releases that equal or exceed one
pound;
WAC 173-303-640(9)(b) is more stringent than the Federal
analog at 40 CFR 265.198(b) because the State program requires that
tanks be located in a manner equivalent either to the National Fire
Protection Association's buffer zone requirements (the Federal
requirement) or as required by State and local fire codes, whichever is
more stringent; furthermore, the state program is also more stringent
in its requirement for yearly inspections.
Land Disposal Restrictions (51 FR 40572, 11/7/86 and 52 FR 21010,
6/4/87, Checklist 34): The State regulation WAC 173-303-120(2)(a) is
more stringent than the federal requirement found at 40 CFR 261.6(a)(3)
as the state has additional requirements for recyclable materials: WAC
173-303-050 provides authority to take action for a discharge or a
potential discharge or release into the environment, WAC 173-303-145
provides authority to require a responsible person to address spills
and discharges into the environment. WAC 173-303-960 provides
regulatory authority to address imminent and substantial endangerment
to health or the environment. EPA has statutory authority to address
imminent and substantial endangerment to health or the environment and
does not consider this state regulation to be more stringent than EPA's
existing statutory authority under the federal RCRA program. To the
extent the state has authority to address imminent and substantial
endangerment to health or the environment as a regulatory requirement
under the state program directly applicable to the recyclable
materials, EPA considers the State program to be equivalent to the
federal program.
Pre-construction Ban (50 FR 28702,
7/15/85, Checklist 17M): The State is more stringent because it chose
not to adopt the optional and less stringent federal requirement at 40
CFR 270.10(f)(3) for construction of TSCA PCB incineration.
Testing and Monitoring Activities (58 FR 46040, 8/31/93, Checklist
126): The State regulation WAC 173-303-910(4)(a) is more stringent than
the federal requirement at 40 CFR 260.22(d)(1)(i) because the State
does not exclude wastes that are considered hazardous under 40 CFR Part
261, but only has authority to exclude wastes that EPA has excluded
under the petition process as hazardous wastes.
Carbamate Production Identification and Listing of Hazardous Waste
(60 FR 7824, 2/9/95, amended at 60 FR 19165, 4/17/95 and at 60 FR
25619, 5/12/95 Checklist 140): The State is more stringent because it
does not include the de minimus wastewater ``exclusions'' found in the
federal program at 40 CFR 261.3(a)(2)(iv)(E), (F) and (G).
Universal Waste: General Provision (60 FR 25492, 5/11/95 Checklist
142A): The State is more stringent because it chose not to adopt a
counting exclusion for hazardous waste managed immediately upon
generation only in on-site elementary neutralization units, wastewater
treatment units, or totally enclosed treatment facilities as defined in
40 CFR 260.10.
Dust Suppression (50 FR 28702,
7/15/85, Checklist 17G): The State regulation WAC 173-303-505(2)(d) is
more stringent than the federal requirement at 40 CFR 266.23(b) because
the State rule does not contain the exception for waste identified
solely on the basis of ignitability. Therefore the State prohibits the
use of waste or used oil or other material which is contaminated with
dioxin or any other hazardous waste, including those wastes that are
ignitable, for dust suppression or road treatment.
The State is not seeking authorization for the Standards for the
Management of Waste Fuel and Used Oil for the Burning of these
Materials in Boilers and Industrial Furnaces, 40 CFR 266.102 through 40
CFR 266.111. The State did not adopt these federal provisions as state
law. EPA is implementing these BIF requirements in Washington State
under EPA's HSWA authority.
States are not allowed to seek authorization for state requirements
that are broader in scope than federal requirements. EPA does not have
authority to authorize and enforce those parts of a state's program EPA
finds to be broader in scope than the federal program. EPA has found
the following state requirements to be broader in scope than the
federal hazardous waste program and is not authorizing the following
requirements as part of the State's authorized program: Mining Waste
Exclusion II (55 FR 2322, 1/23/90 Checklist 71). The State analogs are
broader in scope than the federal requirements, except for WAC 173-303-
040 and WAC 173-303-180(3)(f) which are equivalent to the federal
analogs 40 CFR 260.10 and 40 CFR 262.23(e) respectively, because the
State has not adopted an analog to 40 CFR 261.4(b)(7)--exclusions for
solid waste from the extraction, benefication, and processing of ores
and minerals. The state's lack of an analog for the federal exclusion
of mixtures of solid waste and hazardous waste which are hazardous
based solely on a hazardous characteristic imparted to the waste as a
result of a Bevill characteristic, 40 CFR 261.3(a)(2)(iii), is also
broader in scope than the federal program.
Although State programs can be authorized where they are more
stringent than the federal program, state programs cannot be authorized
where they are less stringent. EPA finds the state regulations for
spent antifreeze at WAC 173-303-120(3)(h) are less stringent than the
federal provisions to the extent that the state program would construe
characteristic spent antifreeze as a state-only waste. The effect of
the State rule would be to exempt antifreeze that exhibits the toxicity
characteristic from the requirements applicable to wastes exhibiting
the toxicity characteristic. EPA has articulated its position in
numerous rules that spent antifreeze exhibiting a characteristic may
pose a threat to human health and the environment and requires
generators and recyclers to comply with existing federal regulations
with respect to characteristic hazardous waste. Antifreeze which
exhibits the toxicity characteristic remains a hazardous waste under
the State's authorized program. The direct impact of EPA's finding to
generators and recyclers is that such persons are not exempted from the
State's federally authorized requirements for antifreeze that exhibits
the toxicity characteristic.
States sometimes make changes to their previously authorized
programs
[[Page 55151]]
that result in a state regulation being found equivalent where the
regulation may have been found more stringent at the time of initial
authorization. On April 29, 1996, the State received final
authorization for the federal dioxin wastes requirements, (50 FR 1978,
January 14, 1985) and the definition of empty for dioxin residues in
containers was determined to be more stringent than the federal
program. The State has amended its definition of empty for dioxin
residues in containers and is seeking reauthorization for this change.
With today's rulemaking the State analog for definition of empty, found
at WAC 173-303-160(2)(a), has been determined to be equivalent to the
federal requirement found at 40 CFR 261.7(b)(1).
On April 29, 1996, the State received final authorization for the
federal rule Amending Requirements for Hazardous Waste Incinerator
Permits (54 FR 4286, January 30, 1989) and the state's analog, WAC 173-
303-807(10) requirement for existing incinerator facilities to either
conduct a trial burn or submit other information as specified in 40 CFR
270.19(a) or (c) before a permit can be issued to that facility, was
determined to be more stringent than the federal program. The State has
amended the more stringent requirement and is seeking reauthorization
for this change. With today's rulemaking the State analog WAC 173-303-
807(10) has been determined to be equivalent to the federal requirement
found at 40 CFR 270.62(d).
H. Who Handles Permits After This Authorization Takes Effect?
Washington will issue permits for all the provisions for which it
is authorized and will administer the permits it issues. All permits
issued by EPA Region 10 prior to final authorization of this revision
will continue to be administered by EPA Region 10 until the issuance or
re-issuance after modification of a State RCRA permit. Upon the
effective date of the issuance, or re-issuance after modification to
incorporate authorized State requirements of a State RCRA permit, those
EPA-issued permit provisions which the State is authorized to
administer and enforce will expire. HSWA provisions for which the State
is not authorized will continue in effect under the EPA-issued permit.
EPA will continue to implement and issue permits for HSWA requirements
for which Washington is not yet authorized.
I. How Does Today's Action Affect Indian Country (18 U.S.C. Section
1151) in Washington?
EPA's decision to authorize the Washington hazardous waste program
does not include any land that is, or becomes after the date of this
authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, with
the exception of the non-trust lands within the exterior boundaries of
the Puyallup Indian Reservation (also referred to as the ``1873 Survey
Area'' or ``Survey Area'') located in Tacoma, Washington. EPA retains
jurisdiction over ``Indian Country'' as defined in 18 U.S.C. 1151.
Effective October 22, 1998 (63 FR 50531, September 22, 1998)
Washington's state program was authorized to implement the state
authorized program on the non-trust lands within the 1873 Survey Area
of the Puyallup Indian Reservation. The authorization did not extend to
trust lands within the reservation. EPA retains its authority to
implement RCRA on trust lands and over Indians and Indian activities
within the 1873 Survey Area.
A complete discussion of the background for this authorization
determination can be found in Federal Registers dated July 7, 1998 (63
FR 36652) for the proposed rule and an immediate final rule (63 FR
36587), August 21, 1998 to withdraw the immediate final rule in
response to adverse comment (63 FR 44795), and September 22, 1998 to
publish a response to comment and final rule granting authorization (63
FR 50531).
J. What is Codification and Is Epa Codifying Washington Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR Part 272. We reserve the amendment
of 40 CFR Part 272, Subpart WW for this authorization of Washington's
program until a later date.
K. Regulatory Analysis and Notices
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that section 202 and 205 requirements do not
apply to today's action because this rule does not contain a Federal
mandate that may result in annual expenditures of $100 million or more
for State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Washington program, and today's action does not impose
any additional obligations on regulated entities. In fact, EPA's
approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary Federal program.
The requirements of section 203 of UMRA also do not apply to
today's action because this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or
[[Page 55152]]
operate TSDFs, they are already subject to the regulatory requirements
under the existing State laws that are being authorized by EPA, and,
thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. EPA's authorization does not impose any significant
additional burdens on these small entities. This is because EPA's
authorization would simply result in an administrative change, rather
than a change in the substantive requirements imposed on these small
entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance With Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies
with consulting, Executive Order 12875 requires EPA to provide to the
Office of Management and Budget a description of the extent of EPA's
prior consultation with representatives of affected State, local and
tribal governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. The State administers its hazardous waste program
voluntarily, and any duties on other State, local or tribal
governmental entities arise from that program, not from this action.
Accordingly, the requirements of Executive Order 12875 do not apply to
this rule.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) the
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by E.O. 12866, and because
it does not involve decisions based on environmental health or safety
risks.
Compliance with Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This rule is not subject to Executive Order 13084 because it does
not significantly or uniquely affect the communities of Indian tribal
governments. Washington is not authorized to implement the RCRA
hazardous waste program in Indian country. This action has no effect on
the hazardous waste program that EPA implements in the Indian country
within the State.
Compliance With Executive Order 12612
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, 64 FR 43255 (August 10, 1999),
which will take effect on November 2, 1999. In the interim, the current
Executive Order
[[Page 55153]]
12612, 52 FR 41685 (October 30, 1987), on federalism still applies.
This rule will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 12612. This rule simply
approves the State of Washington's proposal to be authorized for
updated requirements of the hazardous waste program that the state has
voluntarily chosen to operate.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, Sec. 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 24, 1999.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 99-25561 Filed 10-8-99; 8:45 am]
BILLING CODE 6560-50-P
