Oregon: Final Authorization of State Hazardous Waste Management Program Revision, 36216-36220 [E6-10021]

Download as PDF 36216 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R10–RCRA–2006–0064; FRL–8188–8] Oregon: Final Authorization of State Hazardous Waste Management Program Revision Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: On December 14, 2005, Oregon applied to EPA for authorization of changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). EPA reviewed Oregon’s application and published a proposed rule on April 14, 2006 (71 FR 19471) seeking public comment on EPA’s preliminary determination to grant authorization of the changes. Since EPA received no comments on the proposed rule, EPA is granting final authorization of the state’s changes in this final rule. DATES: Final authorization for the revisions to the hazardous waste program in Oregon shall be effective at 1 p.m. E.S.T. on June 26, 2006. ADDRESSES: EPA established a docket for this action under Docket ID No. EPA–R10–RCRA–2006–0064. All documents in the docket are available electronically on the Web site http:// www.regulations.gov. A hard copy of the authorization application is also available for viewing 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: jlentini on PROD1PC65 with RULES A. Why Are Revisions to State Programs Necessary? States which have received final authorization from EPA under RCRA VerDate Aug<31>2005 16:12 Jun 23, 2006 Jkt 208001 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 determined that Oregon’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we are granting 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 of This Action? 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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. The action to approve these revisions does not impose additional requirements on the regulated community because the changes to Oregon’s authorized hazardous waste program are already effective under State law and are not changed by this action. D. What Were the Comments to EPA’s Proposed Rule? EPA received no comments during the public comment period which ended May 15, 2006. 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 Authorizing With This Action? EPA is authorizing revisions to the hazardous waste program described in Oregon’s official program revision application, submitted to EPA on December 14, 2005, and deemed complete by EPA on December 22, 2005. The following table, Table 1, identifies equivalent State regulatory analogues to the Federal regulations which are authorized by this action. All of the referenced analogous State authorities were legally adopted and effective as of October 24, 2003. E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 36217 TABLE 1.—EQUIVALENT ANALOGUES TO THE FEDERAL REGULATIONS Description federal requirements CL No. 1 Federal Register Analogous state authority (OAR 340–* * *) 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 ............................ 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 ...... 65 FR 42292, 7/10/2000 .... 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 ................ 65 FR 67068, 11/8/2000 .... 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, –101–0001, –104–0001, –105–0001 –100–0002, –101–0001 –100–0002 –100–0002 –100–0002,–101–0001 –100–0002 –100–0002 –100–0002, –101–0001 –100–0002, –101–0001 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 ........................................................................................... 67 FR 6968, 2/14/2002 ...... 67 FR 11251, 3/13/2002 .... 67 FR 48393, 7/24/2002 .... –100–0002 –100–0002, –104–0001, –105–0001 –100–0002, 105–0001 100–0002, 101–0001, 102– 0010 100–0002; 101–0004; –102–0010 1 CL No. (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their authorization applications. See EPA’s RCRA State Authorization web page at http://www.epa.gov/epaoswer/hazwaste/state/. G. What Other Revisions Are We Authorizing in This Action? 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 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 authorized by this action. All of the referenced analogous State authorities were legally adopted and already in effect as of December 22, 2005, when EPA determined that the authorization application was complete. TABLE 2.—REVISIONS TO PREVIOUSLY AUTHORIZED RULES 1 Federal Register Analogous State authority (OAR 340–* * *) Availability of Information ............................................................................................... ............................................. 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 ............................................................................ jlentini on PROD1PC65 with RULES Description of Federal Requirements, CL No. 2 51 FR 40572, 11/7/86 ........ 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 ................................................... 54 FR 9596, 3/7/89 ............ –100–0003, –100– 00005(1)–(5); –105– 0012. –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. –100–0002 –100–0004; –105–0010. –100–0002(2); –111–0000. VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 56 FR 32688, 7/17/91 ........ 57 FR 41566, 9/10/92 ........ E:\FR\FM\26JNR1.SGM 26JNR1 36218 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations TABLE 2.—REVISIONS TO PREVIOUSLY AUTHORIZED RULES 1—Continued Description of Federal Requirements, CL No. 2 Federal Register Recycled Used Oil Management Standards; Technical Amendments and Corrections, CL 122. 58 FR 33341, 5/3/93; 58 FR 33341, 6/17/93. Recycled Used Oil Management Standards; Technical Amendments and Corrections II, CL 130. Universal Waste Rule: General Provisions, CL 142A ................................................... 59 FR 10550, 3/4/94 .......... 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 ................................................. 61 FR 15566, 4/8/96 .......... Hazardous Remediation Waste Management Requirement (HWIR-Media), CL 175 ... 63 FR 65874, 11/30/98 ...... Hazardous Air Pollutant Standards for Combustors, CL 182 ....................................... 64 FR 62828, 9/30/99 ........ Universal Waste Rule as of 12/31/02, Special Consolidated Checklist ........................ 60 FR 25492, 5/11/95; 63 FR 71225, 12/24/98; 64 FR 36466, 7/6/99. 60 FR 26942, 5/11/95 ........ 63 FR 24963, 5/6/98 .......... 63 FR 28556, 5/26/98 ........ Analogous State authority (OAR 340–* * *) –100–0002(2); –111–0000, –0010, –0020, –0032, –0035, –0040, –0050, –0060, –0070. –100–0002; –111–0000; –111–0010. –100–0002; –102–0011(e); –113–0000, –0020, –0020(1)–(4), –0030, –0040, –0050. –100–0002. –100–0002; –111–0000, –0032, –0050. –100–0002; –101–0001, –0004. –100–0002; –100–0010; –105–0003, –105–0115. –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. 1 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 rule. 2 CL No. (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their authorization applications. See EPA’s RCRA State Authorization web page at http://www.epa.gov/epaoswer/hazwaste/state/. H. Who Handles Permits After This 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. For permits issued by EPA prior to this authorization, 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 now authorized. EPA will continue to implement and issue permits for HSWA requirements for which Oregon is not yet authorized. jlentini on PROD1PC65 with RULES I. What Is Codification and Is EPA Codifying Oregon’s Hazardous Waste Program as Authorized in This Rule? 15:58 Jun 23, 2006 Jkt 208001 J. How Does This Authorization Action 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 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 VerDate Aug<31>2005 40 CFR Part 272. EPA is reserving the amendment of 40 CFR Part 272, Subpart MM for codification of this current revision to Oregon’s program at a later date. This rule revises 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 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 rule is not a ‘‘significant regulatory action’’ under the terms of Executive E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations Order 12866 and is therefore not subject to OMB review. jlentini on PROD1PC65 with RULES 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 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 this 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 VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 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 rule will only have the effect of authorizing preexisting requirements under State law and imposes no additional requirements beyond those imposed by State law. After considering the economic impacts of this 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 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. This rule contains no Federal mandates (under the regulatory provisions of Title II of PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 36219 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, this 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 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 E:\FR\FM\26JNR1.SGM 26JNR1 36220 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 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 jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 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 authorizes 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. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 11. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 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). Dated: June 7, 2006. Ronald A. Kreizenbeck, Acting Regional Administrator, Region 10. [FR Doc. E6–10021 Filed 6–23–06; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36216-36220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10021]



[[Page 36216]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2006-0064; FRL-8188-8]


Oregon: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 14, 2005, Oregon applied to EPA for authorization 
of changes to its hazardous waste management program under the Resource 
Conservation and Recovery Act (RCRA). EPA reviewed Oregon's application 
and published a proposed rule on April 14, 2006 (71 FR 19471) seeking 
public comment on EPA's preliminary determination to grant 
authorization of the changes. Since EPA received no comments on the 
proposed rule, EPA is granting final authorization of the state's 
changes in this final rule.

DATES: Final authorization for the revisions to the hazardous waste 
program in Oregon shall be effective at 1 p.m. E.S.T. on June 26, 2006.

ADDRESSES: EPA established a docket for this action under Docket ID No. 
EPA-R10-RCRA-2006-0064. All documents in the docket are available 
electronically on the Web site http://www.regulations.gov. A hard copy 
of the authorization application is also available for viewing 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 determined that Oregon's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we are granting 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 of This Action?

    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.
    The action to approve these revisions does not impose additional 
requirements on the regulated community because the changes to Oregon's 
authorized hazardous waste program are already effective under State 
law and are not changed by this action.

D. What Were the Comments to EPA's Proposed Rule?

    EPA received no comments during the public comment period which 
ended May 15, 2006.

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 Authorizing With This Action?

    EPA is authorizing revisions to the hazardous waste program 
described in Oregon's official program revision application, submitted 
to EPA on December 14, 2005, and deemed complete by EPA on December 22, 
2005.
    The following table, Table 1, identifies equivalent State 
regulatory analogues to the Federal regulations which are authorized by 
this action. All of the referenced analogous State authorities were 
legally adopted and effective as of October 24, 2003.

[[Page 36217]]



                            Table 1.--Equivalent Analogues to the Federal Regulations
----------------------------------------------------------------------------------------------------------------
 Description federal requirements                                          Analogous state authority  (OAR 340-*
            CL No. \1\                        Federal Register                              * *)
----------------------------------------------------------------------------------------------------------------
Requirements for Preparation,      58 FR 38816, 7/20/1993................  -100-0002
 Adoption, and Submittal of
 Implementation Plans, CL 125.
LDR Restrictions Phase III,        62 FR 1992, 1/14/97...................  -100-0002
 Emergency Extension of the K088
 Capacity Variance, CL 155.
LDR Restrictions Phase III,        62 FR 37694, 7/14/97..................  -100-0002
 Emergency Extension of the K088
 Capacity Variance, CL 160.
Petroleum Refining Process         65 FR 36365, 6/8/2000.................  -100-0002
 Wastes--Clarification, CL 187.
Hazardous Air Pollutant            65 FR 42292, 7/10/2000................  -100-0002, -101-0001, -104-0001, -105-
 Standards, Technical                                                       0001
 Corrections, CL 188.
Chlorinated Aliphatics Listing     65 FR 67068, 11/8/2000................  -100-0002, -101-0001
 and LDRs for Newly Identified
 Wastes, CL 189.
LDRs Phase IV--Deferral for PCBs   65 FR 81373, 12/26/2000...............  -100-0002
 in 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    66 FR 27266, 5/16/2001................  -100-0002
 192B.
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,   -100-0002, -101-0001
 Wastes Identification & Listing,   4/9/2002.
 CL 195.
CAMU Amendments, CL 196..........  67 FR 2962, 1/22/2002.................  -100-0002
Hazardous Air Pollutant Standards  67 FR 6792, 2/13/2002.................  -100-0002, -104-0001, -105-0001
 for Combustors; Interim
 Standards, CL 197.
Hazardous Air Pollutant Standards  67 FR 6968, 2/14/2002.................  -100-0002, 105-0001
 for Combustors; Corrections, CL
 198.
Vacatur of Mineral Processing      67 FR 11251, 3/13/2002................  100-0002, 101-0001, 102-0010
 Spent 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 No. (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular
  Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their
  authorization applications. See EPA's RCRA State Authorization web page at http://www.epa.gov/epaoswer/
 hazwaste/state/.

G. What Other Revisions Are We Authorizing in This Action?

    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 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 authorized by this action. All of the referenced 
analogous State authorities were legally adopted and already in effect 
as of December 22, 2005, when EPA determined that the authorization 
application was complete.

                             Table 2.--Revisions to Previously Authorized Rules \1\
----------------------------------------------------------------------------------------------------------------
      Description of Federal                                                Analogous State authority (OAR 340-*
     Requirements, CL No. \2\                 Federal Register                              * *)
----------------------------------------------------------------------------------------------------------------
Availability of Information......  ......................................  -100-0003, -100-00005(1)-(5); -105-
                                                                            0012.
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    51 FR 40572, 11/7/86..................  -100-0002, -100-0010, -102-0011(2)(d)
 34.                                                                        & (e), -105-0014.
Changes to Interim Status          54 FR 9596, 3/7/89....................  -100 -0002; -105-0001(3) & (4), -
 Facilities for Hazardous Waste                                             0010; -106-0002.
 Management Permits; Procedures
 for Post-Closure Permitting, CL
 61.
Burning of Hazardous Waste in      56 FR 32688, 7/17/91..................  -100-0002 -100-0004; -105-0010.
 Boilers and Industrial Furnaces,
 Corrections & Technical
 Amendments, CL 94.
Recycled Used Oil Management       57 FR 41566, 9/10/92..................  -100-0002(2); -111-0000.
 Standards, CL 112.

[[Page 36218]]

 
Recycled Used Oil Management       58 FR 33341, 5/3/93; 58 FR 33341, 6/17/ -100-0002(2); -111-0000, -0010, -
 Standards; Technical Amendments    93.                                     0020, -0032, -0035, -0040, -0050, -
 and Corrections, CL 122.                                                   0060, -0070.
Recycled Used Oil Management       59 FR 10550, 3/4/94...................  -100-0002; -111-0000; -111-0010.
 Standards; Technical Amendments
 and Corrections II, CL 130.
Universal Waste Rule: General      60 FR 26942, 5/11/95..................  -100-0002; -102-0011(e); -113-0000, -
 Provisions, CL 142A.                                                       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, -0050.
 Standards; Technical Correction
 and 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; -105-0003, -105-
 Management Requirement (HWIR-                                              0115.
 Media), CL 175.
Hazardous Air Pollutant Standards  64 FR 62828, 9/30/99..................  -100-0002; -101-0001; -104-0001, -
 for Combustors, CL 182.                                                    0340; -105-0001.
Universal Waste Rule as of 12/31/  60 FR 25492, 5/11/95; 63 FR 71225, 12/  100-0002, -0010(3)(j); -102-0011(e);
 02, Special Consolidated           24/98; 64 FR 36466, 7/6/99.             113-0000, -0010, -0020, -0030, -
 Checklist.                                                                 0040, -0050, -0060, -0070.
----------------------------------------------------------------------------------------------------------------
\1\ 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 rule.
\2\ CL No. (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular
  Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their
  authorization applications. See EPA's RCRA State Authorization web page at http://www.epa.gov/epaoswer/
 hazwaste/state/.

H. Who Handles Permits After This 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. For 
permits issued by EPA prior to this authorization, 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 now authorized. 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 MM for codification 
of this current revision to Oregon's program at a later date.

J. How Does This Authorization Action 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 rule revises 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 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 rule is not a ``significant regulatory action'' under the 
terms of Executive

[[Page 36219]]

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 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 
this 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 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 this 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. This 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, this 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 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

[[Page 36220]]

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 authorizes 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.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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).

    Dated: June 7, 2006.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. E6-10021 Filed 6-23-06; 8:45 am]
BILLING CODE 6560-50-P