Washington: Final Authorization of State Hazardous Waste Management Program Revisions, 19470-19471 [06-3546]

Download as PDF 19470 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: April 7, 2006. James B. Gulliford, Regional Administrator, Region 7. [FR Doc. 06–3593 Filed 4–13–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL–8158–3] Washington: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. hsrobinson on PROD1PC61 with PROPOSALS AGENCY: SUMMARY: During a review of Washington’s regulations, EPA identified a variety of State-initiated changes to Washington’s hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA) for which the State had not previously sought authorization. EPA proposes to authorize the State for the program changes. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is authorizing the revisions by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we receive written comments that oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this authorization, EPA will publish a document in the Federal Register withdrawing the immediate final rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. 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 the VerDate Aug<31>2005 14:24 Apr 13, 2006 Jkt 208001 immediate final rule. However, the authorization of program changes that are not opposed by any comments will become effective on the date established in the immediate final rule. A Federal Register withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. EPA may not provide further opportunity for comment. Any parties interested in commenting on this action must do so at this time. EPA is also proposing to make corrections to the table included in the authorization Federal Register document for Washington published on October 12, 1999. DATES: Send your written comments by May 15, 2006. ADDRESSES: Submit your comments, identified by EPA–R10–RCRA–2006– 0087 by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. E-mail: kocourek.nina@epamail.epa.gov. 3. Fax: (206) 553–8509. 4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWTB122, Seattle, Washington 98101. Instructions: Direct your comments to EPA–10–RCRA–2006–0087. EPA’s policy is that all comments received will be included in the public file without change and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public file and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/ dockets.htm. Docket: All documents in the docket are listed in the https:// 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 https:// www.regulations.gov or in hard copy during normal business hours at the U.S. Environmental Protection Agency, Region 10 Library, 1200 Sixth Avenue, Seattle, Washington, 98101. This Docket Facility is open to the public from 9 to 11:30 a.m. and from 1 to 4 p.m. Monday through Friday, excluding legal holidays. The library telephone number is (206) 553–1289. Additionally, hard copies are available from the Washington Department of Ecology, 300 Desmond Drive, Lacey, WA 98503, contact, Patricia Hervieux at (360) 407– 6756. FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT–122, Seattle, Washington 9810, phone number: (206) 553–6502, e-mail: kocourek.nina@epa.gov; or Patricia Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey, WA 98503; phone number: (360) 407– 6756, e-mail: pher461@ecy.wa.gov. For additional information, please see the immediate final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. SUPPLEMENTARY INFORMATION: 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 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). E:\FR\FM\14APP1.SGM 14APP1 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules Dated: April 5, 2006. L. Michael Bogert, Regional Administrator, EPA Region 10. [FR Doc. 06–3546 Filed 4–13–06; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Proposed rule. hsrobinson on PROD1PC61 with PROPOSALS AGENCY: 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: hunt.jeff@epa.gov. • 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 VerDate Aug<31>2005 14:24 Apr 13, 2006 Jkt 208001 through www.regulations.gov your email 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 https:// 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: hunt.jeff@epa.gov. 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 19471 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 federallyissued 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. E:\FR\FM\14APP1.SGM 14APP1

Agencies

[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Proposed Rules]
[Pages 19470-19471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3546]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8158-3]


Washington: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: During a review of Washington's regulations, EPA identified a 
variety of State-initiated changes to Washington's hazardous waste 
program under the Resource Conservation and Recovery Act, as amended, 
(RCRA) for which the State had not previously sought authorization. EPA 
proposes to authorize the State for the program changes. In the ``Rules 
and Regulations'' section of this Federal Register, EPA is authorizing 
the revisions by an immediate final rule. EPA did not make a proposal 
prior to the immediate final rule because we believe this action is not 
controversial and do not expect comments that oppose it. We have 
explained the reasons for this authorization in the preamble to the 
immediate final rule. Unless we receive written comments that oppose 
this authorization during the comment period, the immediate final rule 
will become effective on the date it establishes, and we will not take 
further action on this proposal. If we receive comments that oppose 
this authorization, EPA will publish a document in the Federal Register 
withdrawing the immediate final rule before it takes effect. EPA will 
then address public comments in a later final rule based on this 
proposal. 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 the immediate final rule. However, the 
authorization of program changes that are not opposed by any comments 
will become effective on the date established in the immediate final 
rule. A Federal Register withdrawal document will specify which part of 
the authorization will become effective and which part is being 
withdrawn. EPA may not provide further opportunity for comment. Any 
parties interested in commenting on this action must do so at this 
time. EPA is also proposing to make corrections to the table included 
in the authorization Federal Register document for Washington published 
on October 12, 1999.

DATES: Send your written comments by May 15, 2006.

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0087 
by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. E-mail: kocourek.nina@epamail.epa.gov.
    3. Fax: (206) 553-8509.
    4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste 
and Toxics, 1200 Sixth Avenue, Mail Stop AWTB122, Seattle, Washington 
98101.
    Instructions: Direct your comments to EPA-10-RCRA-2006-0087. EPA's 
policy is that all comments received will be included in the public 
file without change and may be made available online at https://
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 https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous 
access'' system which means that EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an e-mail comment directly to EPA without going through 
https://www.regulations.gov, your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public file and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption, and be free of any 
defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://
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 https://www.regulations.gov or in hard copy during normal business 
hours at the U.S. Environmental Protection Agency, Region 10 Library, 
1200 Sixth Avenue, Seattle, Washington, 98101. This Docket Facility is 
open to the public from 9 to 11:30 a.m. and from 1 to 4 p.m. Monday 
through Friday, excluding legal holidays. The library telephone number 
is (206) 553-1289. Additionally, hard copies are available from the 
Washington Department of Ecology, 300 Desmond Drive, Lacey, WA 98503, 
contact, Patricia Hervieux at (360) 407-6756.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, 
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, 
Seattle, Washington 9810, phone number: (206) 553-6502, e-mail: 
kocourek.nina@epa.gov; or Patricia Hervieux, Washington Department of 
Ecology, 300 Desmond Drive, Lacey, WA 98503; phone number: (360) 407-
6756, e-mail: pher461@ecy.wa.gov.

SUPPLEMENTARY INFORMATION: For additional information, please see the 
immediate final rule published in the ``Rules and Regulations'' section 
of this Federal Register.

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 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).


[[Page 19471]]


    Dated: April 5, 2006.
L. Michael Bogert,
Regional Administrator, EPA Region 10.
[FR Doc. 06-3546 Filed 4-13-06; 8:45 am]
BILLING CODE 6560-50-P
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