Oregon: Proposed Authorization of State Hazardous Waste Management Program Revision, 19471-19475 [E6-5328]

Download as PDF 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 19472 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules The action to approve these revisions would not impose additional requirements on the regulated community because the regulations for which Oregon will be authorized are already effective under State law and are not changed by today’s action. D. What Happens If EPA Receives Comments on This Action? If EPA receives comments on this action, we will address those comments in a later final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time. E. What Has Oregon Previously Been Authorized for? Oregon initially received final authorization on January 30, 1986, effective January 31, 1986 (51 FR 3779), to implement the RCRA hazardous waste management program. EPA granted authorization for changes to their program on March 30, 1990, effective on May 29, 1990 (55 FR 11909); August 5, 1994, effective October 4, 1994 (59 FR 39967); June 16, 1995, effective August 15, 1995 (60 FR 31642); October 10, 1995, effective December 7, 1995 (60 FR 52629); and September 10, 2002, effective September 10, 2002 (67 FR 57337). F. What Changes Are We Proposing? EPA is proposing to authorize revisions to Oregon’s authorized program described in Oregon’s official program revision application, submitted to EPA on December 19, 2005, and deemed complete by EPA on December 22, 2005. The following table, Table 1, identifies equivalent State regulatory analogues to the Federal regulations for those regulatory revisions for which Oregon is seeking authorization. All of the referenced analogous State authorities were legally adopted and effective as of October 24, 2003. TABLE 1.—EQUIVALENT ANALOGUES TO THE FEDERAL REGULATIONS Description of federal requirements CL #1 Federal Register Requirements for Preparation, Adoption, and Submittal of Implementation Plans, CL 125. LDR Restrictions Phase III, Emergency Extension of the K088 Capacity Variance, CL 155. LDR Restrictions Phase III, Emergency Extension of the K088 Capacity Variance, CL 160. Petroleum Refining Process Wastes—Clarification, CL 187. Hazardous Air Pollutant Standards, Technical Corrections, CL 188. Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes, CL 189. LDRs Phase IV—Deferral for PCBs in Soil, CL 190 ........ Mixed Waste rule, CL 191 ................................................ Mixture and Derived—From Rules Revisions, CL 192A .. LDR Restrictions Correction, CL 192B ............................. Change of Official EPA Mailing Address, CL 193 ............ Mixture and Derived—From Rules Revision II, CL 194 ... Inorganic Chemical Manufacturing Wastes Identification & Listing, CL 195. CAMU Amendments, CL 196 ........................................... Hazardous Air Pollutant Standards for Combustors; Interim Standards, CL 197. Hazardous Air Pollutant Standards for Combustors; Corrections, CL 198. Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid Wastes & TCLP Use with MGP Waste, CL 199. Zinc Fertilizer Rule, CL 200 .............................................. 58 FR 38816, 7/20/1993 .... –100–0002. 62 FR 1992, 1/14/97 .......... –100–0002. 62 FR 37694, 7/14/97 ........ –100–0002. 65 FR 36365, 6/8/2000 ...... –100–0002. 65 FR 42292, 7/10/2000 .... –100–0002, –101–0001, –104–0001, –105–0001. 65 FR 67068, 11/8/2000 .... –100–0002, –101–0001. 65 FR 81373, 12/26/2000 .. 66 FR 27218, 5/16/2001 .... 66 FR 27266, 5/16/2001 .... 66 FR 27266, 5/16/2001 .... 66 FR 34374, 6/28/2001 .... 66 FR 50332, 10/3/2001 .... 66 FR 58258, 11/20/2001; 67 FR 17119, 4/9/2002. 67 FR 2962, 1/22/2002 ...... 67 FR 6792, 2/13/2002 ...... –100–0002. –100–0002. –100–0002, –101–0001. –100–0002. –100–0002. –100–0002, –101–0001. –100–0002, –101–0001. 67 FR 6968, 2/14/2002 ...... –100–0002, 105–0001. 67 FR 11251, 3/13/2002 .... 100–0002, 101–0001, 102–0010. 67 FR 48393, 7/24/2002 .... 100–0002; 101–0004; –102–0010. Analogous state authority (OAR 340–* * *) –100–0002. –100–0002, –104–0001, –105–0001. hsrobinson on PROD1PC61 with PROPOSALS 1 CL # (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their authorization applications. See EPA’s RCRA State Authorization Web page at https://www.epa.gov/epaoswer/hazwaste/state/. G. What Other Revisions Are We Proposing to Oregon’s Authorized Program? During a review of Oregon’s regulations, we identified a variety of changes that Oregon had made to previously authorized hazardous waste provisions. EPA brought these changes to the attention of Oregon and confirmed with the State that the Stateinitiated changes generally correct typographical errors and printing errors, clarify and make the State’s regulations more internally consistent, or bring the State regulations closer to the Federal language. In this proposed rulemaking we are also correcting errors made by EPA in previous authorization Federal Register notices for Oregon. The State’s authorized hazardous waste program, as amended by these provisions, remains equivalent to, consistent with, and no less stringent than the Federal RCRA program. The table below, Table 2, shows both the state initiated and the EPA initiated changes proposed for authorization revision. TABLE 2.—REVISIONS TO PREVIOUSLY AUTHORIZED RULES 2 Description of Federal requirements, CL # 3 Federal Register Availability of Information .................................................. ............................................. VerDate Aug<31>2005 14:24 Apr 13, 2006 Jkt 208001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Analogous state authority (OAR 340–* * *) –100–0003, –100–00005(1)–(5); –105–0012. E:\FR\FM\14APP1.SGM 14APP1 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules 19473 TABLE 2.—REVISIONS TO PREVIOUSLY AUTHORIZED RULES 2—Continued Description of Federal requirements, CL # 3 Federal Register Analogous state authority (OAR 340–* * *) Generator Requirements, CL II ........................................ ............................................. Permitting Requirements, CL V ........................................ ............................................. Small Quantity Generators, CL 23 ................................... 51 FR 10174, 3/24/86 ........ LDRs (Solvents and Dioxins), CL 34 ............................... 51 FR 40572, 11/07/86 ...... Changes to Interim Status Facilities for Hazardous Waste Management Permits; Procedures for Post-Closure Permitting, CL 61. Burning of Hazardous Waste in Boilers and Industrial Furnaces, Corrections & Technical Amendments, CL 94. Recycled Used Oil Management Standards, CL 112 ...... Recycled Used Oil Management Standards; Technical Amendments and Corrections, CL 122. Recycled Used Oil Management Standards; Technical Amendments and Corrections II, CL 130. Universal Waste Rule: General Provisions, CL 142A ...... 54 FR 9596, 3/7/89 ............ –100–0002; 102–0011(2), –0012, –0040, –0041, –0050. –100–0002; –105–0010, –0012, –0030, –0061; –106– 0002. –100–0002; 101–0033; –102–0034, –0041, –0044; –105–0010. –100–0002, –100–0010, –102–0011(2)(d)&(e), –105– 0014. –100–0002; –105–0001(3)&(4), –0010; –106–0002. 56 FR 32688, 7/17/91 ........ –100–0002 –100–0004; –105–0010. 57 FR 41566, 9/10/92 ........ 58 FR 33341, 5/3/93; 58 FR 33341, 6/17/93. 59 FR 10550, 3/4/94 .......... –100–0002(2); –111–0000. –100–0002(2); –111–0000, –0010, –0020, –0035, –0040, –0050, –0060, –0070. –100–0002; –111–0000; –111–0010. 60 FR 26942, 5/11/95 ........ LDRs Phase III-Decharacterized Wastewaters Carbamate Wastes, and Spent Potliners, CL 151. Recycled Used Oil Management Standards; Technical Correction and Clarification, CL 166. Belvill Exclusion Revisions and Clarification, CL 167E .... Hazardous Remediation Waste Management Requirement (HWIR-Media), CL 175. Hazardous Air Pollutant Standards for Combustors, CL 182. Universal Waste Rule as of 12/31/02, Special Consolidated Checklist. 61 FR 15566, 4/8/96 .......... –100–0002; –102–0011(e); –113–0000, –0020(1)–(4), –0030, –0040, –0050. –100–0002. 63 FR 24963, 5/6/98 .......... –100–0002; –111–0000, –0032, –0050. 63 FR 28556, 5/26/98 ........ 63 FR 65874, 11/30/98 ...... –100–0002; –101–0001, –0004. –100–0002; –100–0010; –105–0003, –105–0115. 64 FR 62828, 9/30/99 ........ –100–0002; –101–0001; –104–0001, –0340; –105– 0001. –100–0002, –0010(3)(j); –102–0011(e); –113–0000, –0010, –0020, –0030, –0040, –0050, –0060, –0070. 60 FR 25492, 5/11/95; 63 FR 71225, 12/24/98; 64 FR 36466, 7/6/99. –0032, –0020, 2 For further discussion on where the revised State rules differ from the Federal Rules refer to the authorization revision application and the administrative record for this proposed rule. 3 CL # (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their authorization applications. See EPA’s RCRA State Authorization Web page at https://www.epa.gov/epaoswer/hazwaste/state/. hsrobinson on PROD1PC61 with PROPOSALS H. Who Handles Permits After the Authorization Takes Effect? Oregon will continue to issue permits for all the provisions for which it is authorized and will administer the permits it issues. If EPA issued permits prior to authorizing Oregon for these revisions, these permits would continue in force until the effective date of the State’s issuance or denial of a State hazardous waste permit, at which time EPA would modify the existing EPA permit to expire at an earlier date, terminate the existing EPA permit for cause, or allow the existing EPA permit to otherwise expire by its term, except for those facilities located in Indian Country. EPA will not issue new permits or new portions of permits for provisions for which Oregon is authorized after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Oregon is not yet authorized. VerDate Aug<31>2005 14:24 Apr 13, 2006 Jkt 208001 I. What Is Codification and Is EPA Codifying Oregon’s Hazardous Waste Program as Authorized in This Rule? Codification is the process of placing the State’s statutes and regulations that comprise the State’s authorized hazardous waste program into the Code of Federal Regulations. This is done by referencing the authorized State rules in 40 CFR part 272. EPA is reserving the amendment of 40 CFR part 272, subpart N for codification of this current revision to Oregon’s program at a later date. J. How Would Authorizing Oregon for These Revisions Affect Indian Country (18 U.S.C. 1151) in Oregon? Oregon is not authorized to carry out its hazardous waste program in Indian country, as defined in 18 U.S.C. 1151. Indian country includes: 1. All lands within the exterior boundaries of Indian reservations within or abutting the State of Oregon; 2. Any land held in trust by the U.S. for an Indian tribe; and PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 3. Any other land, whether on or off an Indian reservation that qualifies as Indian country. Therefore, this action has no effect on Indian country. EPA will continue to implement and administer the RCRA program in these lands. K. Statutory and Executive Order Reviews This proposed rule seeks to revise the State of Oregon’s authorized hazardous waste program pursuant to section 3006 of RCRA and imposes no requirements other than those currently imposed by State law. This rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866 Under Executive Order 12866 (58 FR 51735, October 4,1993), the Agency must determine whether the regulatory action is ‘‘significant,’’ and therefore subject to OMB review and the requirements of the Executive Order. The Order defines ‘‘significant regulatory action’’ as one that is likely E:\FR\FM\14APP1.SGM 14APP1 19474 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules hsrobinson on PROD1PC61 with PROPOSALS to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. It has been determined that this proposed rule is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is therefore not subject to OMB review. 2. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., because this proposed rule does not establish or modify any information or recordkeeping requirements for the regulated community and only seeks to authorize the pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. 3. Regulatory Flexibility The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act VerDate Aug<31>2005 14:24 Apr 13, 2006 Jkt 208001 (SBREFA), 5 U.S.C. 601, et seq., generally requires federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s rule on small entities, small entity is defined as: (1) A small business defined by the Small Business Administrations’ Size Regulations at 13 CFR part 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. EPA has determined that this action will not have a significant economic impact on small entities because the proposed rule will only have the effect of authorizing pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law. After considering the economic impacts of today’s rule, I certify that this action will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104–4) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective 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 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 or least burdensome alternative if the Administrator publishes with the rule an explanation why the alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today’s rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local or tribal governments or the private sector. It imposes no new enforceable duty on any State, local or tribal governments or the private sector. Similarly, EPA has also determined that this rule contains no regulatory requirements that might significantly or uniquely affect small government entities. Thus, today’s rule is not subject to the requirements of sections 202 and 203 of the UMRA. 5. Executive Order 13132: Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government.’’ This rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government, as specified in Executive Order 13132. This rule seeks authorization of preexisting State rules. Thus, Executive Order 13132 does not apply to this rule. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (59 FR E:\FR\FM\14APP1.SGM 14APP1 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules 22951, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This rule does not have tribal implications, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045 applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866 and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. hsrobinson on PROD1PC61 with PROPOSALS 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning VerDate Aug<31>2005 14:24 Apr 13, 2006 Jkt 208001 Regulations that Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a ‘‘significant regulatory action’’ as defined under Executive Order 12866. 9. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule does not involve ‘‘technical standards’’ as defined by the NTTAA. Therefore, EPA is not considering the use of any voluntary consensus standards. 10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations To the greatest extent practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency must make achieving PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 19475 environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health and environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands. Because this rule proposes authorization of pre-existing State rules and imposes no additional requirements beyond those imposed by State law and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This proposed action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: April 3, 2006. L. Michael Bogert, Regional Administrator, Region 10. [FR Doc. E6–5328 Filed 4–13–06; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\14APP1.SGM 14APP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

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

Oregon: Proposed Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2006-0064, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: 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 through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center Home
page at 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 change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

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

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

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

[[Page 19472]]

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

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

If EPA receives comments on this action, we will address those
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.

E. What Has Oregon Previously Been Authorized for?

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

F. What Changes Are We Proposing?

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

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

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

During a review of Oregon's regulations, we identified a variety of
changes that Oregon had made to previously authorized hazardous waste
provisions. EPA brought these changes to the attention of Oregon and
confirmed with the State that the State-initiated changes generally
correct typographical errors and printing errors, clarify and make the
State's regulations more internally consistent, or bring the State
regulations closer to the Federal language. In this proposed rulemaking
we are also correcting errors made by EPA in previous authorization
Federal Register notices for Oregon. The State's authorized hazardous
waste program, as amended by these provisions, remains equivalent to,
consistent with, and no less stringent than the Federal RCRA program.
The table below, Table 2, shows both the state initiated and the EPA
initiated changes proposed for authorization revision.

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

[[Page 19473]]

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

H. Who Handles Permits After the Authorization Takes Effect?

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

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

Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. This is done by
referencing the authorized State rules in 40 CFR part 272. EPA is
reserving the amendment of 40 CFR part 272, subpart N for codification
of this current revision to Oregon's program at a later date.

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

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

K. Statutory and Executive Order Reviews

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

1. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4,1993), the
Agency must determine whether the regulatory action is ``significant,''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely

[[Page 19474]]

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

2. Paperwork Reduction Act

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

3. Regulatory Flexibility

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

4. Unfunded Mandates Reform Act

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

5. Executive Order 13132: Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government.'' This rule does
not have federalism implications. It will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government, as specified in
Executive Order 13132. This rule seeks authorization of pre-existing
State rules. Thus, Executive Order 13132 does not apply to this rule.

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

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR

[[Page 19475]]

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

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

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

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

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

9. National Technology Transfer and Advancement Act

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

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

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

List of Subjects in 40 CFR Part 271

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

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

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

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