[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7373]
[[Page Unknown]]
[Federal Register: March 30, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-4853-5]
Washington: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking on application of the State of
Washington for program revision and public comment period.
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SUMMARY: The State of Washington has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed the State of Washington's application and has
made a decision, subject to public review and comment, that the State
of Washington's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. Thus, EPA
intends to approve the State of Washington's hazardous waste program
revisions. The State of Washington's application for program revision
is available for public review and comment.
DATES: All comments on the State of Washington's program revision
application must be received by the close of business on April 29,
1994. If significant interest is expressed, EPA will conduct a public
hearing. The decision on whether or not to hold a public hearing will
be based on receipt of written comments and requests for public
hearing. Persons wishing to request a public hearing should submit the
request in writing before April 21, 1994 to: Patricia Springer, U.S.
EPA Region 10, HW-107, 1200 Sixth Avenue, Seattle, Washington 98101. If
EPA decides to conduct a public hearing it will be held on April 28,
1994. Contact Domenic Calabro at 1-800-424-4EPA, ext. 6640 to determine
whether or not EPA has decided to hold a public hearing, and for the
time and location of the hearing.
ADDRESSES: Copies of Washington's program revision application are
available at the following addresses for inspection and copying:
Washington Department of Ecology, Library, Room 3S-06, 300 Desmond
Drive, Lacey, Washington 98503, Phone (206) 407-6150 during the hours
of 8 a.m.-5 p.m.; and U.S. EPA Region 10, Library, 1200 Sixth Avenue,
10th Floor, Seattle, Washington 98101, Phone (206) 553-1289 during the
hours of 9 a.m.-4 p.m. Written comments should be sent to Patricia
Springer at the address below.
FOR FURTHER INFORMATION CONTACT: Patricia Springer, U.S. EPA, M/S: HW-
107, 1200 Sixth Avenue, Seattle, Washington 98101, Phone (206) 553-
2858.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub.
L. 98-616, November 8, 1984, hereinafter ``HSWA'') allows States to
revise their programs to become substantially equivalent instead of
equivalent to RCRA requirements promulgated under HSWA authority.
States exercising the latter option receive ``interim authorization''
for the HSWA requirements under section 3006(g) of RCRA, 42 U.S.C.
6926(g), and later apply for final authorization for the HSWA
requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 260-266,
268, 124 and 270.
B. State of Washington
The State of Washington initially received final authorization on
January 31, 1986. The State of Washington received authorization for
revisions to its program on November 23, 1987 (52 FR 35556, 9/22/87)
and on October 16, 1990 (55 FR 33695, 8/17/90). On January 12, 1994,
the State of Washington submitted a program revision application for
additional program approvals. Today, the State of Washington is seeking
approval of its program revision for corrective action in accordance
with 40 CFR 271.21(b)(4). The State of Washington is requesting
approval to pursue corrective action obligations through an existing
cleanup authority by issuing orders for corrective action which will be
incorporated into permits issued pursuant to the authorized State
program permitting provisions. Attachments 1, 2, 5, 6, 8-17 and
Appendices 1-4 of the State's application are provided for information
only.
Ordinarily, States await promulgation of Federal regulations prior
to submitting their applications. However, there is no impediment under
the RCRA statutory provisions which would bar a State from seeking
authorization of a program in advance of Federally promulgated
regulations provided the State bases its program on existing Federal
statutory language. An existing Federal counterpart is a critical nexus
in the authorization program.
EPA has promulgated corrective action regulations for permitted
hazardous waste treatment, storage and disposal facilities in 40 CFR
264.100 and 264.101. Corrective Action for Solid Waste Management
Units, 40 CFR 264.101, mandates that owners or operators of facilities
seeking a permit must institute corrective action at the facility, that
corrective action will be specified in the permit, and that owners or
operators of facilities seeking a permit must implement corrective
action beyond the facility boundary where necessary to protect human
health and the environment.
Washington's corrective action program goes slightly beyond the
EPA-promulgated regulations by relying on the statutory provisions of
sections 3004 (u) and (v) of RCRA, 42 U.S.C. 6924 (u) and (v), in which
facilities seeking a permit are required to undertake corrective action
for all releases of hazardous waste or constituents from any solid
waste management unit and to undertake such corrective actions beyond
the property boundary where necessary. Washington will exercise its
existing Superfund-like cleanup order authority (the Model Toxics
Control Act) through the State's authorized RCRA program by linking the
cleanup order authority with the State's authorized RCRA program
permitting requirements to fulfill the mandates of sections 3004 (u)
and (v) of RCRA, 42 U.S.C. 6924 (u) and (v).
The statutory language of section 3004(u) of RCRA limits the
program to corrective action at solid waste management units. Although
no statutory or regulatory definition of ``solid waste management
unit'' has been promulgated, EPA's proposed corrective action rule,
published in the Federal Register on July 27, 1990 (55 FR 30798),
contains EPA's most current interpretation of key terms in the section
3004(u) of RCRA. This will be the controlling interpretation against
which Washington's regulatory definition of solid waste management unit
will be measured until EPA codifies a statutory or regulatory
definition.
The statutory language of section 3004(u) of RCRA also limits the
program to ``facilities seeking a permit.'' Such facilities include
those hazardous waste management facilities which are required to
obtain permits to operate and to those subject to post-closure permits.
EPA has interpreted this language to mean that corrective action must
be specified in operating or post-closure permits issued to such
facilities.
Washington's corrective action program would allow corrective
action to be specified through the terms of a State-issued order which
is incorporated by reference into operating or post-closure permits
issued to facilities. The State could: (1) Issue the order in advance
of the permit; (2) modify the permit to incorporate the order; or (3)
simultaneously issue the order and the permit with the order
incorporated into the permit. Under the Washington program, a State
order would only be considered to be part of an authorized RCRA program
when the order is incorporated into an existing RCRA permit.
Corrective action orders will be issued to facilities subject to
the Washington State Dangerous Waste Regulations, codified in the
Washington Administrative Code (WAC) in Chapter 173-303, but these
orders will rely in part on the State of Washington's Model Toxics
Control Act (MTCA) statutory and regulatory provisions and will require
current owners and operators of solid waste management units to conduct
corrective action at those units in accordance with the Dangerous Waste
Regulations. In Washington, the statutory authority for both the
Dangerous Waste Regulations, Chapter 173-303 WAC, and for the MTCA is
found in the Revised Code of Washington (RCW), Chapter 70.105D. RCW
70.105D.030(1)(d) is the statutory provision authorizing MTCA and
allowing the State of Washington Department of Ecology to continue to
revise and modify its Dangerous Waste Regulations. RCW 70.105D.050(1)
explicitly grants the Department of Ecology the authority to issue
orders under the MTCA program to conduct remedial action.
EPA is not delegating section 3008(h) RCRA authority (42 U.S.C.
6928(h)). No Federal enforcement authorities are delegated when EPA
authorizes state programs under section 3006 of RCRA. Any orders issued
to a facility under MTCA will not be considered to be part of the EPA-
authorized corrective action program unless and until they are
incorporated into a RCRA permit. Terms of the orders which go beyond
the scope of the authorized Dangerous Waste regulations will be
considered broader in scope, and thus not Federally enforceable.
Some portions of Washington's revised program are broader in scope
than the Federal program, and thus are not Federally enforceable. Due
to Washington's statutory mandate to address all releases of hazardous
substances, Washington has developed corrective action requirements
which are, in part, broader in scope than the Federal corrective action
requirements in RCRA section 3004(u), in that Dangerous Waste
management facilities in Washington will be required to conduct
corrective action for all releases of dangerous waste and dangerous
constituents at or from the facility, regardless of the source of the
release.
Some portions of Washington's revised program are more stringent
than the Federal program. The requirement to implement corrective
action for releases which have migrated beyond the facility boundary is
more stringent than the Federal requirement, in that it is not limited
by the ``best efforts'' language in the Federal requirement.
Washington will be authorized for the following provisions:
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Federal requirement State authority
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RCRA Corrective Action Program
Corrective action:
Applicability: SWMU, 40 CFR 264.90(a).......................... WAC 173-303-645(1)(a)(ii).
SWMU, 40 CFR 264.101(a)........................................ WAC 173-303-646.
Specified in permit, 40 CFR 264.101(b)......................... WAC 173-303-646(2)(c).
Permits by rule:
UIC permits issued after 11//8/84, 40 CFR 270.60(b)(3)......... WAC 173-303-802(3).
NPDES permits issued after 11/8/84, 40 CFR 270.60(c)(3)........ WAC 173-303-802(4)(c)(viii).
Permit application:
Contents of part B 40 CFR 270.14(c)............................ WAC 173-303-806(4)(a)(xx).
40 CFR 270.14(c)(7)............................................ WAC 173-303-806(4)(a)(xx)(G).
40 CFR 270.14(c)(8)(v)......................................... WAC 173-303-806(4)(a)(xx)(H)(iii).
40 CFR 270.14(d)............................................... WAC 173-303-806(4)(a)(xxiii).
Corrective action beyond the facility boundary:
40 CFR 264.100(e).............................................. WAC 173-303-645(11)(e).
40 CFR 264.101(c).............................................. WAC 173-303-646(2)(b).
Corrective Action Management Units (CAMU)
Definitions:
Facility to include all contiguous property, 40 CFR 260.10..... WAC 173-303-040.
CAMU, 40 CFR 260.10, 264.101, 270.2............................ WAC 173-303-040.
Landfill and miscellaneous unit to include CAMU, 40 CFR 264.10. WAC 173-303-040.
Remediation wastes to include all solid and hazardous waste and WAC 173-303-040.
all media and debris, 40 CFR 264.10.
Land disposal facility, 40 CFR 264.3........................... WAC 173-303-040.
Interim Status standards apply in lieu of 40 CFR 264 standards, WAC 173-303-400(2)(a).
40 CFR 264.3.
Corrective action for SWMU will be specified in permit WAC 173-303-646(2)(a) and (c).
including schedules of compliance, 40 CFR 264.101.
Designation requirements for CAMU:
Designated for implementing remedies, 40 CFR 264.552........... WAC 173-303-646(2) and (4)(a).
Designation of regulated unit as CAMU, 40 CFR 264.552.......... WAC 173-303-646(6).
Designation will facilitate implementation, 40 CFR 264.552..... WAC 173-303-646(5)(a).
O/O provides sufficient information, 40 CFR 264.552............ WAC 173-303-646(5)(e).
Rationale documented and made available to public, 40 CFR WAC 173-303-646(5)(f).
264.552.
Permit modification requirements must be followed to WAC 173-303-646(5)(g); WAC 173-303-830.
incorporate CAMU into permit, 40 CFR 264.552.
Requirements for temporary units (TU):
Standards may be replaced by alternative requirements, 40 CFR WAC 173-303-646(7)(a) and (b).
264.553.
Factors for establishing standards, 40 CFR 264.553(c).......... WAC 173-303-646(7)(c).
Length of time TU may operate, 40 CFR 264.553(e)............... WAC 173-303-646(7)(d) and (e).
Incorporation of TU in permit, 40 CFR 264.553.................. WAC 173-303-830.
Rationale documented and made available to the public, 40 CFR WAC 173-303-646(7)(g).
264.553.
RCRA Corrective Action Using Existing State Cleanup Authority
Corrective action at SWMUs for all releases, 40 CFR 264.101........ RCW 70.105.130(1), (2)(a-b), (2)(c)(ii-iii)
and (2)(e); RCW 70.105D.030(1)(a,b,d,f);
WAC 173-303-400(3)(a)(i), -646(2)(a-b), -
802(3-4).
Enforcement authorities, 40 CFR 271.16............................. RCW 70.105.080,.085, .095(1-2), .097, .120;
RCW 70.105D.030(2)(c), .050(1),(4),(5)(a).
Permitting requirements, 40 CFR 270.30, 270.32, 271.14 and 271.16.. RCW 70.105.130(2)(a), (b), and (c)(ii-iii);
RCW 70.105D.030(1)(a); WAC 173-303-
646(2)(a-c), -646(3)(a-c), -400(3)(a)(i), -
806(4)(a)(xxi)(A) and (B).
Permitting requirements, schedules of compliance and assurances of RCW 70.105.130(2)(a); RCW 70.105D.030(1)(a-
financial responsibility, 40 CFR 270.33 and 271.14. b), (2)(c); WAC 173-303-646(2)(c) and
(3)(c), -802(3) and (4).
Corrective action beyond the facility boundary, 40 CFR 264.101..... RCW 70.105.130(2)(c)(iii); RCW
70.105D.030(1)(a) and (b); WAC 173-303-
646(2)(b) and (3)(a).
Definition of facility, 40 CFR 260.10 and 264.101.................. RCW 70.105.101(11); RCW 70.105D.020(3); WAC
173-303-040.
Implement and complete corrective action, 40 CFR 264.101........... RCW 70.105.130(2)(b), (c)(ii-iii) and (e);
RCW 70.105D.030(1)(a), (b), and (f); WAC
173-303-646(2)(a) and (b).
Financial responsibility for completing corrective action, 40 CFR RCW 70.105.130(1) and (2)(c)(iii); RCW
264.101 and 271.14. 70.105D.030(1)(d); WAC 173-303-646(2)(a-
c).
Public participation, 40 CFR 270.42 and 271.16(d).................. RCW 70.105.130(2)(a); RCW
70.105D.030(2)(a); WAC 173-303-830.
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EPA has reviewed the State of Washington's application and has made
a decision, subject to public review and comment, that the State of
Washington's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant the State of Washington final
authorization for the additional program modifications. The public may
submit written comments on EPA's decision up until April 29, 1994.
Copies of the State of Washington's application for program revision
are available for inspection and copying at the locations indicated in
the Addresses section of this notice.
If significant interest is expressed, EPA will conduct a public
hearing. The decision on whether or not to hold a public hearing will
be based on receipt of written comments and requests for public
hearing. Persons wishing to request a public hearing should submit the
request in writing before April 21, 1994 to: Patricia Springer, USEPA
Region 10, HW-107, 1200 Sixth Avenue, Seattle, Washington 98101. If EPA
decides to conduct a public hearing it will be held on April 28, 1994.
Contact Domenic Calabro at 1-800-424-4EPA, ext. 6640 to determine
whether or not EPA has decided to hold a public hearing, and for the
time and location of the hearing.
In the event a hearing is not held, all written comments will be
considered in reaching a final decision on this proposed action. EPA
will provide a written response to all comments.
Approval of the State of Washington's program revision shall become
effective when the Regional Administrator's final approval is published
in the Federal Register. If adverse comment pertaining to the State of
Washington's program revision discussed in this notice is received, EPA
will publish either (1) a notice of disapproval or (2) a final
rulemaking approving the modifications, which would include appropriate
comment response.
Status of Federal Permits
Upon the effective date of authorization, the State of Washington
will begin to administer and enforce corrective action requirements.
EPA actions which fall under the federal omnibus authority of section
3005(c)(3) of RCRA, 42 U.S.C. 6925(c)(3), and/or which are federal
enforcement authorities, including actions issued pursuant to sections
3008(h), 3013, or 7003 of RCRA, 42 U.S.C. 6928(h), 6934 or 6973, will
continue to be administered by EPA. In addition, HSWA amendments for
which the State has not been authorized will continue to be
administered and enforced by EPA.
For permits which contain provisions for automatic transfer of the
permit from EPA authority to State authority, corrective action permit
requirements contained in either an EPA-issued or joint EPA/State-
issued permit shall be adopted and be fully enforceable as State permit
requirements upon the effective date of final State authorization for
corrective action, in accordance with the terms of the permit.
Automatic transfer of authority upon the effective date of final State
authorization for corrective action for these permits shall occur
regardless of whether the permit has been reissued as a State-issued
permit or the EPA-issued permit has been terminated.
For those permits which do not contain provisions for automatic
transfer of permit authority following the effective date of final
State authorization for corrective action, the EPA-issued permit will
expire as to those provisions for which the State is authorized to
administer and enforce upon the effective date of the issuance, or
reissuance after modification, of the State permit. HSWA provisions for
which the State is not authorized will continue in effect under EPA
jurisdiction.
Indian Lands
Washington is not seeking authorization to operate on Indian lands.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
the State of Washington's program, thereby eliminating duplicative
requirements for handlers of hazardous waste in the State. It does not
impose any new burdens on small entities. This rule, therefore, does
not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 272
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indian lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.
Authority
This notice 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: March 14, 1994.
Chuck Clarke,
Regional Administrator.
[FR Doc. 94-7373 Filed 3-29-94; 8:45 am]
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