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 https:// 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 https://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 https://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

ENVIRONMENTAL PROTECTION AGENCY

[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 https://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 https://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 https://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

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