Washington: Final Authorization of State Hazardous Waste Management Program Revisions, 63253-63263 [E6-18222]

Download as PDF Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart DD—Nevada 2. Section 52.1470 is amended by adding paragraphs (c)(60) and (c)(61) to read as follows: I § 52.1470 Identification of plan. * * * * * (c) * * * (60) The following plan revision was submitted on January 23, 2003, by the Governor’s designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality and Environmental Management. (1) Sections 90 and 92, adopted June 22, 2000 by the Clark County Board of Commissioners, and amended on December 17, 2002. (61) The following plan revision was submitted on March 26, 2003, by the Governor’s designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality and Environmental Management. (1) Section 93, adopted on June 22, 2000 by the Clark County Board of Commissioners and amended on March 4, 2003; Section 94, adopted on June 22, 2000 by the Clark County Board of Commissioners and amended on March 18, 2003; and, the ‘‘Construction Activities Dust Control Handbook’’, adopted June 22, 2000 by the Clark County Board of Commissioners and amended on March 18, 2003. * * * * * [FR Doc. E6–18158 Filed 10–27–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL–8235–5] Washington: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Immediate final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: Washington has applied to EPA for Final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA). EPA has determined that these changes VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 satisfy all requirements needed to qualify for Final authorization, and is authorizing the State’s changes through this immediate final rule. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. DATES: This final authorization will become effective on December 29, 2006, unless EPA receives adverse written comments on or before November 29, 2006. If we receive comments that oppose this action, EPA will publish a document in the Federal Register withdrawing this rule before it takes effect. ADDRESSES: Submit your comments, identified by EPA–R10–RCRA–2006– 0810 by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: kocourek.nina@epamail.epa.gov. 3. Fax: 206–553–8509. 4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT–122, Seattle, Washington 98101. Instructions: Direct your comments to EPA–10–RCRA–2006–0810. EPA’s policy is that all comments received will be included in the public file without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov website is an ‘‘anonymous access’’ system which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public file and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 63253 comment. Electronic files should avoid the use of special characters and any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/ dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the U.S. Environmental Protection Agency, Region 10 Library, 1200 Sixth Avenue, Seattle, Washington, 98101, phone, and (206) 553–1289. The EPA Region 10 Library is open from 9 a.m. to 12 p.m. and from 1 p.m. to 2:30 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT–122, Seattle, Washington 98101, phone number (206) 553–6502, fax number (206) 553–8509, e-mail: kocourek.nina@epa.gov; or Patricia Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington 98503, phone (360) 407– 6756, e-mail: pher461@ecy.wa.gov. SUPPLEMENTARY INFORMATION: I. Authorization of Revisions to State Program and of State-Initiated Changes to Washington’s Hazardous Waste Program A. Why Are Revisions to State Programs Necessary? States that have received final authorization from EPA pursuant to section 3006(b) of RCRA, 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 Title 40 of the Code of Federal E:\FR\FM\30OCR1.SGM 30OCR1 63254 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279. B. What Decisions Have We Made in This Rule? We conclude that Washington’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, with respect to these revisions, we are granting Washington final authorization to operate its hazardous waste program as described in the revision authorization application. Washington’s authorized program will be responsible for carrying out the aspects of the RCRA program as described in its revised program application, subject to the limitations of RCRA, including 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 they are authorized for the requirements. Thus, EPA will implement those HSWA requirements and prohibitions for which Washington has not been authorized, including issuing HSWA permits, until the State is granted authorization to do so. cprice-sewell on PROD1PC66 with RULES C. What Is the Effect of This Authorization Decision? The effect of this authorization decision is that a facility in Washington subject to RCRA will continue to be subject to the authorized State requirements and to the Federal HSWA provisions for which the State is not authorized in order to comply with RCRA. Washington has enforcement responsibilities under its State hazardous waste program for violations of its program, but EPA retains its independent enforcement authority under RCRA sections 3007, 3008, 3013, and 7003, which authority includes, among other things, the authority to: • Perform inspections, and require monitoring, tests, analyses or reports; • Enforce RCRA requirements and suspend or revoke permits; and • Take enforcement actions regardless of whether Washington has taken its own actions. This action does not impose additional requirements on the regulated community because the regulations for which Washington is being authorized by this action are already effective under State law, and are not changed by this action. D. Why Wasn’t There a Proposed Rule Before This Rule? EPA did not publish a proposal before this rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the proposed rules section of this Federal Register, we are publishing a separate document that proposes to authorize Washington’s program changes. If we receive comments, which oppose this authorization, that document will serve as a proposal to authorize these changes. E. What Happens if EPA Receives Comments That Oppose This Action? If we receive comments that oppose this action, EPA will publish a document in the Federal Register withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on the proposed rule in this Federal Register. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we will withdraw that part of this rule. However, the authorization of program changes that are not opposed by any comments will become effective on December 29, 2006. A Federal Register withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time. F. What Has Washington Previously Been Authorized for? Washington initially received final authorization on January 30, 1986, effective January 31, 1986 (51 FR 3782), to implement the State’s dangerous waste management program. EPA granted authorization for changes to Washington’s program on September 22, 1987, effective on November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16, 1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR 55322); February 29, 1996, effective April 29, 1996 (61 FR 7736); September 22, 1998, effective October 22, 1998 (63 FR 50531); October 12, 1999, effective January 11, 2000 (64 FR 55142); April 11, 2002, effective April 11, 2002 (67 FR 17636) and on April 14, 2006, effective June 13, 2006 (71 FR 19442). G. What Revisions Are We Authorizing With This Action? We are granting final authorization for the revisions to Washington’s federallyauthorized program described in Washington’s final complete program revision application submitted to EPA on June 26, 2006, and deemed complete by EPA on July 25, 2006. We have made a final determination, subject to receipt of written comments that oppose this action, that Washington’s hazardous waste program revisions, as described in this rule, satisfy the requirements necessary for final authorization. Regulatory revisions that are less stringent than the Federal program requirements and those regulatory revisions that are broader in scope than the Federal program requirements are not authorized. Washington’s authorized hazardous waste program, as amended by these provisions, remains equivalent to, consistent with, and is no less stringent than the Federal RCRA program. Therefore, we grant final authorization for the following program changes as identified in Table 1 and Table 2 below. The provisions listed in these tables are from the Washington Administrative Code (WAC) and are analogous to the RCRA regulations as indicated in the tables. The RCRA regulations are those as published in 40 CFR parts 260 through 265, 268, 270, and 279, as of July 1, 2003, unless otherwise noted. Table 1 identifies new State rules that EPA is authorizing as equivalent or more stringent to the Federal program, and Table 2 identifies those Stateinitiated changes to its previouslyauthorized program. (Note, in Table 2 some State provisions have no direct Federal analog but are related to particular paragraphs, sections, or parts of the Federal hazardous waste requirements in the 40 CFR). All of the referenced analogous State authorities were legally adopted and effective as of January 1, 2005. TABLE 1.—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM 1 Checklist 4 Federal requirements 17D 3 ................ VerDate Aug<31>2005 Waste Minimization HSWA Codification Rule. 16:00 Oct 27, 2006 Jkt 211001 PO 00000 Federal Register 50 FR 28702, 7/15/85 ............ Frm 00042 Fmt 4700 Sfmt 4700 Analogous state authority (WAC 173–303–* * *) 180(1); 370(1); 380(1); 805(1)(b), 805(1)(c). E:\FR\FM\30OCR1.SGM 390(1); 30OCR1 380(1)(q); 810(11)(c); Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations 63255 TABLE 1.—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM 1—Continued Checklist 4 Federal requirements Federal Register Analogous state authority (WAC 173–303–* * *) 30 ..................... 108 ................... Biennial Report Correction ..... Toxicity Characteristic Revisions; Technical Corrections. Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision. Military Munitions Rule ........... Conformance With the Carbamate Vacatur. Emergency Revision of the Carbamate Land Disposal Restrictions (LDR). Hazardous Waste Combustors; Revised Standards. Hazardous Air Pollutants Standards for Combustors. 51 FR 28556, 8/8/86 .............. 57 FR 30657, 7/10/92 ............ 390(2)(g), 390(2)(h), 390(2)(i). 071(3)(aa); 071(3)(g)(i); 400(3)(a) Incorporated by Reference (IBR) 045(1) 120(6); 170(6); 070(1); 230(2); 280(1), 280(2); 600(3)(f); 950; 960; 230(1) IBR 045(1); 240(11); 250(1); 290(1)(a), 290(1)(b); 370(6); 525(1)(b)(ii), 525(1)(b)(iii); 573(16); 573(27), 573(34), 573(38), 573(38)(d). 578(3); 578(4)(d), 578(4)(d)(i), 578(4)(d)(ii), 578(4)(e). 9904; 082(1); 9903; 082(4) IBR 045(1); 9905; 140(2)(a) IBR 045(1). 140(2)(a) IBR 045(1). LDR Phase IV—Technical Correction. Accumulation Time for Waste Water Treatment Sludges. 64 FR 56469, 10/20/99 .......... 152 ................... 156 3 ................. 159 ................... 161 ................... 168 ................... 182 ................... 183 ................... 184 2 ................. 187 ................... 188 ................... 189 ................... 192A 2 .............. 192B ................. 193 ................... 194 2 ................. cprice-sewell on PROD1PC66 with RULES 195 ................... VerDate Aug<31>2005 Petroleum Refining Process Wastes—Clarification. Hazardous Air Pollutant Standards; Technical Corrections. Chlorinated Aliphatics Listing and LDR for Newly Identified Wastes. Mixture and Derived—From Rules Revisions. LDR Correction ....................... Change of Official EPA Mailing Address. Mixture and Derived—From Rules Revision II. Inorganic Chemical Manufacturing Wastes Identification and Listing. 16:00 Oct 27, 2006 Jkt 211001 PO 00000 61 FR 16290, 4/12/96 ............ 62 FR 6622, 2/12/97 .............. 62 FR 32974, 6/17/97 ............ 62 FR 45568, 8/28/97 ............ 63 FR 33782, 6/19/98 ............ 64 FR 52828, 9/30/99 amended at 64 FR 63209, 11/19/ 99. 65 FR 12378, 3/8/00 .............. 830(4)(j), 830(4)(j)(i), 830(4)(j)(ii), 830 Appendix I—L. 9.; 805(7)(b)(viii). 040; 670(1)(b), 670(1)(b)(i), 670(1)(b)(ii), 670(1)(c), 670(1)(d); 680(2); 400(3)(a) IBR 045(1); 510(1)(a) IBR 045(1); 806(4)(f), 806(4)(f)(v), 806(4)(n); 830 Appendix I— A.8 and I.9.; 807 Intro.; 811 IBR 045(1). 9904; 082(1); 200(1)(f); 140(2)(a) IBR 045(1). 64 FR 36365, 6/8/00 .............. 200(1)(e), 200(1)(f); 200(4)(a), 200(4)(a)(i), 200(4)(a)(ii), 200(4)(a)(iii), 200(4)(a)(iv), 200(4)(a)(iv)(A), 200(4)(a)(iv)(A)(I), 200(4)(a)(iv)(A)(II), 200(4)(a)(iv)(A)(III), 200(4)(a)(iv)(A)(III) 1st and 2nd Bullets, 200(4)(a)(iv)(B), 200(4)(a)(iv)(C), 200(4)(a)(v)(D), 200(4)(a)(iv)(E), 200(4)(b), 200(4)(c). 9904; 140(2) IBR 045(1). 65 FR 42292, 7/10/00 ............ 670(1)(b)(i), 670(1)(b)(iii); 830(4)(j)(i). 65 FR 67068, 11/8/00 ............ 9904; 082(1); 082(4) IBR 045(1); 9905; 140(2)(a) IBR 045(1). 66 FR 27266, 5/16/01 ............ 66 FR 27266, 5/16/01 ............ 66 FR 34374, 6/28/01 ............ 070(2)(a), 070(2)(c)(i), 070(2)(c)(ii), 070(2)(c)(ii)(A), 070(2)(c)(ii)(B); 071(2), 071(3)(bb), 071(3)(o); 081(3); 082(3). 140(2) IBR 045(1). 110(3)(a). 66 FR 50332, 10/3/01 ............ 071(2); 081(3); and 082(3). 66 FR 58258, 11/20/01; 67 FR 17119, 4/9/02. 071(3)(kk), 071(3)(kk)(i), 071(3)(kk)(ii), 071(3)(kk)(iii), 071(3)(kk)(iv), 071(3)(kk)(v); 9904; 082(1), 082(4) IBR 045(1); 140(2)(a) IBR 045(1). Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 63256 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations TABLE 1.—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM 1—Continued Checklist 4 Federal requirements Federal Register Analogous state authority (WAC 173–303–* * *) 196 ................... Corrective Action Management Unit (CAMU) Amendments. 67 FR 2962, 1/22/02 .............. 197 ................... Hazardous Air Pollutant Standards for Combustors: Interim Standards. Hazardous Air Pollutant Standards for Combustors: Corrections. Zinc Fertilizer Rule ................. 67 FR 6792, 2/13/02 .............. 040; 64650(1), 64650(2); 64640, 64640(1); 64650(3), 64650(3)(a), 64650(3)(a)(i), 64650(3)(a)(ii), 64650(3)(a)(ii)(A), 64650(3)(a)(ii)(B), 64650(3)(a)(iii), 64650(3)(b), 64650(3)(c), 64650(3)(c)(i), 64650(3)(c)(ii), 64650(3)(c)(iii), 64650(3)(c)(iv), 64650(3)(d), 64650(3)(e); 64670(1), 64670(1)(a), 64670(1)(b), 64670(2); 64660(1), 64660(1)(a), 64660(1)(b), 64660(1)(c), 64660(1)(d), 64660(1)(e), 64660(1)(f), 64660(1)(g), 64660(2), 64660(2)(a), 64660(2)(b), 64660(2)(c), 64660(3), 64660(3)(a), 64660(3)(b), 64660(3)(c), 64660(3)(c)(i), 64660(3)(c)(ii), 64660(3)(c)(ii)(A), 64660(3)(c)(ii)(B), 64660(3)(d), 64660(3)(d)(i), 64660(3)(d)(i)(A), 64660(3)(d)(i)(A)(I), 64660(3)(d)(i)(A)(II), 64660(3)(d)(i)(B), 64660(3)(d)(i)(C), 64660(3)(d)(ii), 64660(3)(d)(iii), 64660(3)(d)(iv), 64660(3)(d)(iv)(A), 64660(3)(d)(iv)(B), 64660(3)(d)(iv)(C), 64660(3)(d)(iv)(D), 64660(3)(d)(iv)(E), 64660(3)(d)(iv)(F), 64660(3)(d)(v), 64660(3)(d)(v)(A), 64660(3)(d)(v)(B), 64660(3)(d)(v)(C), 64660(3)(d)(v)(D), 64660(3)(d)(v)(E), 64660(3)(d)(v)(E)(I), 64660(3)(d)(v)(E)(II), 64660(3)(d)(v)(E)(III), 64660(3)(d)(v)(E)(IV), 64660(3)(d)(v)(E)(V), 64660(3)(d)(vi), 64660(3)(d)(vii), 64660(3)(e), 64660(3)(e)(i), 64660(3)(e)(ii), 64660(3)(e)(iii), 64660(3)(f), 64660(3)(f)(iv), 64660(3)(f)(i), 64660(3)(f)(i)(A), 64660(3)(f)(i)(B), 64660(3)(f)(ii), 64660(3)(f)(ii)(A), 64660(3)(f)(ii)(B), 64660(3)(f)(ii)(C), 64660(3)(f)(ii)(D), 64660(3)(f)(ii)(E), 64660(3)(f)(ii)(F), 64660(3)(f)(iii), 64660(3)(f)(iii)(A), 64660(3)(f)(iii)(A)(I), 64660(3)(f)(iii)(A)(II), 64660(3)(f)(iii)(A)(III), 64660(3)(f)(iii)(A)(IV), 64660(3)(f)(iii)(A)(V), 64660(3)(f)(iii)(B), 64660(3)(f)(iv), 64660(4), 64660(4)(a), 64660(4)(b), 64660(4)(b)(i), 64660(4)(b)(ii), 64660(5), 64660(6), 64660(7), 64660(8); 64650(4); 64690 IBR 045(1); 646910(1), 646910(1)(a), 646910(1)(b), 646910(1)(b)(i), 646910(1)(b)(ii), 646910(1)(b)(iii), 646910(1)(c), 646910(2), 646910(3), 646910(4), 646910(5), 646910(5)(a), 646910(5)(b), 646910(5)(c), 646910(5)(d), 646910(5)(e), 646910(5)(f), 646910(6), 646910(7). 670(1)(b)(i), 670(1)(b)(iv), 670(1)(b)(iv)(A), 670(1)(b)(iv)(B); 400(3)(a) IBR 045(1); 806(4)(f)(v), 806(4)(n); 807 Introduction; 811 IBR 045(1); 841 IBR 045(1). 510(1)(a) IBR 045(1); 830(4)(j)(i). Treatment Variance for Radioactively Contaminated Batteries. Hazardous Air Pollutant Standards for Combustors: Corrections 2. Performance Track and Amendments. 67 FR 62618, 10/7/02 ............ 071(3), 071(3)(pp), 071(3)(pp)(i), 071(3)(pp)(i)(A), 071(3)(pp)(i)(B), 071(3)(pp)(ii), 071(3)(pp)(iii), 071(3)(pp)(iii)(A), 071(3)(pp)(iii)(B), 071(3)(pp)(iii)(C), 071(3)(pp)(iii)(D), 071(3)(pp)(iii)(E), 071(3)(pp)(iii)(F); 505(1)(b)(i), 505(1)(b)(iii), 505(1)(b)(iii)(A), 505(1)(b)(iii)(B); 140(2)(a) IBR 045(1). 140(2)(a) IBR 045(1). 67 FR 77687, 12/19/02 .......... 806(4)(f)(v), 806(4)(n); 807 Introduction; 811 IBR 045(1). 69 FR 21737, 4/22/04 amended 69 FR 62217, 10/25/04. 200(5) IBR 045(1), 200(5)(a), 200(5)(b), 200(5)(c), 200(5)(d), 200(5)(e). 198 ................... 200 ................... 201 ................... 202 ................... cprice-sewell on PROD1PC66 with RULES 204 2, 204.1 2 ... VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 PO 00000 67 FR 6968, 2/14/02 .............. 67 FR 48393, 7/24/02 ............ Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations 63257 TABLE 1.—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM 1—Continued Checklist 4 Federal Register Federal requirements Analogous state authority (WAC 173–303–* * *) 040; 077(2), 077(3); 600(3)(o)(ii), 600(3)(o)(iii); 400(2)(c)(xi)(B), 400(2)(c)(xi)(C); 573(4)(d) IBR 045(1); 800(7)(c)(iii)(B), 800(7)(c)(iii)(C); 573(3)(a), 573(3)(b), 573(3)(b)(i), 573(3)(b)(ii), 573(3)(c)(i), 573(3)(c)(ii), 573(4)(a), 573(4)(b), 573(4)(b)(i), 573(4)(b)(ii), 573(4)(c)(i), 573(4)(c)(ii); 573(9)(b), 573(9)(b)(i), 573(9)(b)(ii), 573(9)(b)(ii)(A)–(H), 573(9)(b)(iii)(A), 573(9)(b)(iii)(A)(I), 573(9)(b)(iii) (9)(A)(II), 573(9)(b)(iii)(B), 573(9)(b)(iii)(C), 573(10)(b), 573(10)(c), 573(11)(c)(ii), 573(19)(b)(iv), 573(19)(b)(v), 573(20)(b), 573(20)(b)(i), 573(20)(b)(ii), 573(20)(b)(ii)(A)–(H), 573(20)(b)(iii)(A), 573(20)(b)(iii)(A)(I), 573(20)(b)(iii)(A)(II), 573(20)(b)(iii)(B), 573(20)(b)(iii)(C), 573(21)(b), 573(21)(c), 573(22)(c)(ii), 573(26)(a)(ii), 573(26)(b)(ii), 573(37)(a)(ii). 120(4). 209 2 ................. Mercury Containing Equipment, Universal Waste. 70 FR 45508, 8/5/05 .............. 13, 79 (Consolidated Checklist C2). Identification and Listing of Hazardous Waste—Recycling Facility Requirements. IVA, IVB, 34, 64, 78, 102 (Consolidated Checklist C5/ C6). Standards for Owners and Operators of Hazardous Waste Treatment Storage and Disposal Facilities— Waste Analysis Plan. V, 13, 71 (Consolidated Checklist C9 2). Permits by Rule—Subpart F— Special Forms of Permits. 54, 85, 94, 168, 188, 198 (Consolidated Checklist C9). Hazardous Waste Management Facilities—Boilers and Industrial Furnaces. 50 FR 614, 1/4/85; amended 50 FR 14216, 4/11/85 and 50 FR 33541, 8/20/85; 55 FR 25454, 6/21/90. 45 FR 33232, 5/19/80; 51 FR 40572, 11/7/86 amended 52 FR 21010, 6/4/87; 54 FR 33376, 8/14/89; 55 FR 22520, 6/1/90; 57 FR 8086, 3/6/92. 48 FR 14228, 4/12/83, amended 48 FR 30113, 6/ 30/83; 50 FR 614, 1/4/85; amended 50 FR 14216, 4/ 11/85 and 50 FR 33541, 8/ 20/85; 55 FR 2322, 1/23/90. 53 FR 37912, 9/28/88 amended 53 FR 41649, 10/24/88; 56 FR 7134, 2/21/91; 56 FR 32688, 7/17/91; 63 FR 33782, 6/19/98; 65 FR 42292, 7/10/00; amended 66 FR 24270, 5/14/01 and 66 FR 35087, 7/3/01; 67 FR 6968, 2/14/02. 300(1), 300(2); 040. 802(5)(a), 802(5)(b); 040. 830(4)(g), 830(4)(g)(i), 830(4)(g)(i)(A), 830(4)(g)(i)(B), 830(4)(g)(i)(C), 830(4)(g)(i)(D), 830(4)(g)(i)(E), 830(4)(j), 830(4)(j)(i), 830(4)(j)(ii). 1 For further discussion on where the revised State rules differ from the Federal rules refer to Section G. below, the authorization revision application, and the administrative record for this decision. 2 State rule contains some more stringent provisions. For identification of more stringent State provisions refer to the authorization revision application and the administrative record for this decision. 3 State requested authorization for portions of the Federal regulation. For identification of which portions are authorized refer to the authorization revision application and the administrative record for this decision. 4 Checklists generally reflect changes made to the Federal regulations pursuant to a particular Federal Register notice and EPA publishes these Checklists as aids for States to use for the development of their authorization application. (See EPA’s RCRA State Authorization Web page at https://www.epa.gov/epaoswer/hazwaste/state/rcra.) TABLE 2.—STATE INITIATED CHANGES Analogous Federal 40 CFR citation1 cprice-sewell on PROD1PC66 with RULES State requirement and reason for change (WAC 173–303–* * *) 40 ‘‘Partial closure’’ definition, Internal citation corrected ........................ 045(1), Date of incorporation by reference updated ................................ 045(2)(a) Federal citation for a delegable provision moved to next subsubsection. 045(2)(b), Citation corrected .................................................................... 045(2)(c), Citation corrected ..................................................................... 045(3), Clarification of delegable federal citation not incorporated by reference. 045(4), New subsection—substitution of state for federal terms ............. 060(1), Clarification of ID# issuance and state-only transfer facility registration number issuance. 060(2), Corrections for new form name ................................................... 060(5), Corrections for new form name ................................................... 070(2)(c), Hazardous debris exclusion moved to 071(3)(qq) .................. 070(7)(c)(ii), Citation added ...................................................................... 070(8)(b)(iii)(C), Citation updated ............................................................. 070(8)(d), Clarification of application of used oil standards to CESQGs 071(3)(k), Citation corrected ..................................................................... VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 PO 00000 Frm 00045 Fmt 4700 260.10. No direct federal analog. 260.20–260.22. 264.301(l). 268.5, 268.6, 268.10–14, 268.42(b), 268.44 except 268.44(a)–(g). 260.20–22. No direct federal analog. 262.12(a)&(c). 262.12(b). 262.12 related. 261.3(f). 261.5(c) and 262.10 related. 261.5(f)(3) & 261.5(g)(3) related. 261.6(a)(4). No direct federal analog. Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 63258 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations TABLE 2.—STATE INITIATED CHANGES—Continued Analogous Federal 40 CFR citation1 cprice-sewell on PROD1PC66 with RULES State requirement and reason for change (WAC 173–303–* * *) 071(3)(o), SIC changed to NAIC Codes .................................................. 071(3)(cc), SIC changed to NAIC Codes ................................................. 071(3)(hh), SIC changed to NAIC Codes ................................................ 071(3)(nn), State-only drug exclusion ...................................................... 081(3), Clarification of ‘‘mixture’’ language .............................................. 082(3), Clarification of ‘‘mixture’’ language .............................................. 090(5)(a)(iii), Citation deletion to conform to federal rule ........................ 100(5)(b)(i), Clarification ........................................................................... 100(6), Publication reference update ....................................................... 100(6)(d), Obsolete reference deleted ..................................................... 104, State-only waste codes identified in one location ............................ 110(3)(g)(vii), Spelling correction and year update .................................. 120(3) ....................................................................................................... 120(4) ....................................................................................................... 120(4)(c)(v)–(viii) ...................................................................................... Closure requirements for recycling and used oil facilities (new in 2005). 140(2)(a), Citation added Clarification ..................................................... 161(6), 5 years added as retention period for labpacks .......................... 170(5), Citations corrected ....................................................................... 190(5)(b), Marking directions corrected ................................................... 200(1)(b)(i)&(ii), Citation corrected ........................................................... 200(1)(b)(ii)&(iii), Stress of installation added for equivalence with federal rule. 200(1)(b)(iv)(B), Citation added for equivalence with federal rule at unnumbered paragraph following (B). 200(1)(e)(i), Citation added for equivalence with federal rule ................. 201(2)(e), Citations corrected; generators of between 220 and 2200 pounds are subject to secondary containment. 210(2), Corrections for new form name ................................................... 240(6)(a), Corrections for new form name ............................................... 283(2), Citation corrected ......................................................................... 290(1)(a)(i) through (vi), Subsection renumbered .................................... 320(2)(a), Edit for clarity ........................................................................... 380(1)(i), (j), (k), (l), (m), (n), (o), Citations corrected .............................. 380(1)(p), Reference added ..................................................................... 390(1), Deleted obsolete form title ........................................................... 395(1)(d), Uniform Fire Code changed to International Fire Code .......... 400(3)(c)(ix), Closure notification clarified ................................................ 400(3)(c)(xi)(C) & (G), Citations corrected ............................................... 500(1), Reference to 120(3) & (5) added ................................................ 505(1) Intro, Reference to 120(3) added ................................................. 505(1)(b), State fertilizer registration requirements moved from (1)(b)(i) to (1)(b)(iv). 506(1), Reference to 120(3) added .......................................................... 510(1), Reference to 120(3) added .......................................................... 510(1)(b)(i)(B) and Note, Clarification; Previous (C) deleted and consolidated into (B) References to state-only W001 removed. 515(5)(a), State waste code W001 changed to WPCB ........................... 515(9)(a), Closure requirements for recycling and used oil facilities (new in 2005). 515(13), Used oil testing (new subsection) .............................................. 520 Intro, Reference to 120(3) added ...................................................... 522(1), Reference to 120(3) added .......................................................... 525(1), Reference to 120(3) added .......................................................... 600(3)(e), Citation correction .................................................................... 600(3)(g), Citation correction .................................................................... 610(1)(c), (previous ‘‘c’’ became ‘‘d’’ & ‘‘d’’ became ‘‘e’’) Closure requirements for recycling and used oil facilities (new in 2005). 610(2)(b)(i), Closure standard wording corrected .................................... 610(3)(c)(i), Closure notification clarified ................................................. 610(12) New subsection, Closure requirements for recycling and used oil facilities (new in 2005). 620(1)(e) New sub-subsection, Closure requirements for recycling and used oil facilities (new in 2005). 620(2)(a), Closure requirements for recycling and used oil facilities (new in 2005); Closure plan definition modified to include recycling and used oil processors. 620(3), New un-numbered exception paragraph, Closure requirements for recycling and used oil facilities (new in 2005). 620(4)(a), Reference to used oil and recycling facilities added, Closure requirements for recycling and used oil facilities (new in 2005). 620(4)(b), Clarification .............................................................................. VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 PO 00000 Frm 00046 Fmt 4700 261.3(c)(2)(ii)(A). 261.4(a)(12). 261.4(a)(18). No direct federal analog. 261.3(c). 261.3(b)(2). 261.21. No direct federal analog. No direct federal analog. No direct federal analog. No direct federal analog. 260.11(a)(15). 261.6(a)(2). 261.6(c)(1). 261.6(c)(2). Part 268. No direct federal analog. 262.10(i). No direct federal analog 262.30–260.33 related. 262.34(a)(1) intro and (a)(1)(i) & (ii). 262.34(a)(1) intro and (a)(1)(ii) & (iii). 262.34(a)(1)(iv) paragraph following (B). 262.34(a)(4). 262.34(d). 262.40(b). 263.12 related. No direct federal analog. 264/265.12(a). 264/265.15 except (b)(4)&(d). 264.73(b)(8), (9), (10), (11), (12), (13), (14), (15), and (16). 264.73(b)(17). 264/265 Intro. 264/265.17. 265.112(d)(1) related. 265 related. No federal analog. No direct federal analog. No direct federal analog. 261.4(b)(12). 266.30(a) (1990 CFR). 266.30(b) intro and (b)(1) (1990 CFR) 266.100(b)(1) (1999 CFR). 279.12. 279.52 related. 279 related. 266.80(a). No federal analog. 266.70 except 266.70(v)(3). 270.1(c)(2) 264.1(b). 270.1(c)(2) 264.1(b). 264.110 related. 264.111(c). 264.112(d). 264.112 related. 264.140 related. 264.141(a)–(e) related. 264.142 related. 264.143 related. 264.143. Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations 63259 TABLE 2.—STATE INITIATED CHANGES—Continued Analogous Federal 40 CFR citation1 State requirement and reason for change (WAC 173–303–* * *) 620(4)(c), New sub-subsection, Closure requirements for recycling and used oil facilities (new in 2005). 620(6)(a)(i), Partially funded trust funds no longer allowed for closure .. 620(6)(a)(v), Minimum ratings of financial strength for financial and insurance institutions required. 620(6)(a)(vi), Minimum tangible net worth increased to $20M ................ 620(8)(a), Closure requirements for recycling and used oil facilities (new in 2005); Liability requirements modified to apply to recyclers and used oil processors. 620(8)(a)(i), Minimum ratings of financial strength for financial and insurance institutions required. 620(8)(a)(ii), Allow Ecology to file claims against liability insurance ....... 620(8)(a)(iii), Minimum tangible net worth increased to $20M ................ 620(8)(b)&(f), Citations corrected ............................................................. 630(8)(a) and (b), Uniform Fire Code references changed to International Fire Code. 640(2)(c)(iv)(B) Note, Reference to obsolete guidance replaced with list of publications that may be used. 640(4)(i), Citations corrected .................................................................... 640(4)(i)(iii) Note, Reference to obsolete guidance replaced with list of publications that may be used. 640(7)(d)(i)–(iii), (ii) and (iii) deleted; Spill requirements modified—must be reported immediately. 640(7)(d)(i)(F), Section 360 applies in the event of emergency .............. 645(1)(a)(ii), Citations corrected ............................................................... 645(10)(h) Lettering corrected, (h) was added as a reserved sub-subsection since it had been missing from previous text. No text is missing. Two federal provisions (g) and (h) are combined at (g) in the State rules. 64690 (previous 646(8)), Clarification that ‘‘director’’ means ‘‘department’’. 670(1)(c)(i)–(ii) .......................................................................................... 670(1)(c)(iii) .............................................................................................. 670(1)(d) ................................................................................................... Re-lettered from (b) to (c) and (c) to (d) to accommodated new (b). 680(3), Citation corrected ......................................................................... 690(1)(c), Citation clarified ....................................................................... 691(1)(b) Intro, Citation clarified ............................................................... 691(1)(c), Paragraph updated .................................................................. 692(2) Note, Citations corrected .............................................................. 802(3), Citation corrected ......................................................................... 802(4)(c)(viii), Citation corrected .............................................................. 803(3)(c), SIC changed to NAIC Codes .................................................. 805(7)(a)(v), Citation correction ............................................................... 806(6), Note added .................................................................................. 830 Appendix I—6. and 7.a. & b., Citations corrected ............................ 830 Appendix I—N.1. and 2., Citations corrected ................................... 910(1)(c), Minimum public comment period reduced from 45 to 21 days 910(6)(f)(i), Minimum public comment period reduced from 45 to 21 days. 960, Changed to be consistent with Hazardous Waste Management Act. 9904 State sources, State PCB waste code changed from W001 to WPCB. 1 Reference cprice-sewell on PROD1PC66 with RULES 264.145. 264.145. 264.145. 264.147(a). 264.147(a). 264.147(a). 264.147(a). 264.147(b), 264.147(f)–(j). 264.176. 264.191(b)(5)(ii), Note. 264.193. 264.193. 264.196. 264.196. 264.90(a). 264.99. 264.554. 264.340(b) & (c). 264.340 related. 264.340(d). 264.602. 264.1030(c). 264.1050(b) intro. 264.1050(c). 264.1081–1091. 270.60(b). 270.60(c). 270.13. 270.72(a)(5). 270.10(h). 270.42 Appendix I. 270.42 Appendix I. 260.20(c). 268 related. RCRA 7003 related. 261.31(a), 261.32. to ‘‘No direct federal analog’’ is for informational purposes and is not authorized. H. Where Are the Revised State Rules Different From the Federal Rules? Under RCRA 3009, EPA may not authorize State rules that are less stringent than the Federal program. Any State rules that are less stringent do not supplant the Federal regulations. State rules that are broader in scope than the Federal program requirements are allowed but are not authorized. State rules that are equivalent to, and State rules that are more stringent than, the VerDate Aug<31>2005 No direct federal analog. 16:00 Oct 27, 2006 Jkt 211001 Federal program may be authorized, in which case they are enforceable by EPA. This section discusses certain rules where EPA has made the finding that the State program is more stringent and will be authorized; it discusses those State rules which are being authorized as different but equivalent to the Federal program; it discusses those rules where the State program is broader in scope, and cannot be authorized. Certain portions of the Federal program are not PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 delegable to the States because of the Federal government’s special role in foreign policy matters and because of national concerns that arise with certain decisions. EPA does not delegate import/export functions. Under RCRA regulations found in 40 CFR part 262, EPA will continue to implement requirements for import/export functions. The State amended its import and export rules to include 40 CFR part 262, subpart H in accordance with the E:\FR\FM\30OCR1.SGM 30OCR1 63260 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations cprice-sewell on PROD1PC66 with RULES Federal rule on Imports and Exports Regulations of Hazardous Waste: Implementation of Organization for Economic Cooperation and Development (OECD) Council Decision (61 FR 16290, 4/12/96). The State’s counterpart to this Federal rule is found at WAC 173–303–120(6), although EPA will continue to implement those requirements. Not all program differences are discussed in this section because Washington writes its own version of the Federal hazardous waste rules. Persons must consult Tables 1 and 2, in Section G above, for the specific State regulations that EPA is authorizing in this final rule. 1. More Stringent States are allowed to seek authorization for State requirements that are more stringent than Federal requirements. EPA has authority to authorize and enforce those parts of a State’s program EPA finds to be more stringent than the Federal program. This section does not discuss each more stringent finding made by EPA, but persons can locate such sections by consulting Table 1 in Section G above, as well as by reviewing the docket for this rule. The State program is authorized for each more stringent requirement as part of this rulemaking. The State revised its previouslyauthorized permits-by-rule provision at WAC–173–303–802(5)(a) and (5)(b) to allow off-site dangerous waste, including federally-regulated waste, to be received at a wastewater treatment unit. These State provisions are considered broader in scope for Stateonly wastes and more stringent for the federally-regulated wastes since the State rule includes additional safeguards that the Federal requirements found at 40 CFR 270.1(c)(2(iv) and (v) do not include, such as: (1) Requirement that the source of the wastewater be identified; (2) requirement that the generator keep an operating record when federally-regulated wastes are received from off-site, and (3) requirement that wastewater received from off-site be generated within the same industry and be able to be effectively treated by the wastewater treatment unit. The State adopted portions of the Federal Mercury-Containing Equipment, Universal Waste Rule (70 FR 45508, 8/ 5/05). The State’s rule is based on EPA’s proposed rule (67 FR 40508, 6/12/02) and until the State revises its rules to include the changes EPA made with its final rule (70 FR 45508, 8/5/05) the State’s program will be more stringent than the Federal program. The State’s rule is more stringent because it does VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 not include the following Federal provisions: the definition for ‘‘ampule’’ (40 CFR 260.10); merging ‘‘mercurycontaining thermostats’’ with ‘‘mercurycontaining equipment’’ into one universal waste category (40 CFR 260.10); and revised waste management standards for mercury-containing equipment that have open housings instead of ampules (40 CFR 273.13). Additionally, the State’s definitions of small and large quantity handler of universal waste found at WAC 173– 303–040 are more stringent than the Federal rule (40 CFR 273.9) because (1) the State’s rule regulates universal waste lamps at a lower accumulation threshold than the Federal requirement and (2) the State’s rule does not include the Federal language that allows equipment with non-contained elemental mercury to be managed as universal waste. The State incorporated by reference most of the Federal Performance Track Rule (69 FR 21737, 4/22/04) into State law (WAC 173–303–200(5)). However, there are some Federal provisions for which the State included its own internal citations, which include the following more stringent requirements: aisle space requirement for containers (WAC 173–303–630(5)(c)); risk labeling (WAC 173–303–200(1)(d)); verification of training (WAC 173–303–300(2)(c)); cause of incident (WAC 173–303– 360(2)(k)(viii)); and description of corrective action taken to prevent reoccurrence of the incident (WAC– 173–303–360(2)(k)(ix)); and the requirement that drip pads remain subject to closure standards (WAC 173– 303–675(6)(b)). We also consider the State’s new requirement for accumulating dangerous waste on-site for waste water treatment sludges (WAC 173–303–200(1)(e) and (f)) to be more stringent than the Federal requirement (40 CFR 262.34(a)(4)) because the State rule-unlike the Federal rule-requires compliance with ‘‘general inspections’’ (WAC 173–303– 320) in addition to the other Federal requirements. The State’s revised mixture rules (WAC 173–303–071(2); 081(3); and 082(3)) are more stringent than the Federal rules because the State rules do not include all of the Federal wastewater mixture exclusions as identified in the Federal Mixture and Derived-From Rule Revisions (66 FR 27266, 516/01; and 66 FR 50332, 10/3/ 01). 2. Different But Equivalent The following State requirements are different than the Federal requirements, but EPA has determined that they are PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 nevertheless equivalent to the Federal program. In 2005, the State enacted its Hazardous Waste Facilities Initiative (HWFI), which among other things makes many recycling activities subject to closure plan requirements, pollution liability coverage requirements, and financial assurance requirements. In contrast, under the Federal rules, hazardous waste recycling activities are generally exempt from hazardous waste requirements and therefore are not subject to closure plans, pollution liability coverage and financial assurance. Additionally, the State amended its previously authorized provision (WAC 173–303–120(4)) to be more similar to the Federal rule (40 CFR 261.6(c)(2)) in that the State removed the provision that specified that recyclable materials would be considered stored unless they were moved into an active recycling process within 24 hours The State revised its rule so that it can determine on a caseby-case basis whether recyclable materials received from off-site are not stored if they are moved into an active recycling process in a period of time not to exceed 72 hours. While the Federal analog does not specify a timeframe after which holding recyclable materials is considered storage, EPA Region 1 authorized the State of Vermont for a similar provision (see 64 FR 51702, September 24, 1999), stating ‘‘EPA has previously agreed that States administering the RCRA program have some discretion to determine that short periods of accumulation by recyclers of incoming material do not constitute storage and would not trigger the RCRA storage permitting requirements’’. Region 1 determined that Vermont’s rule, which allows up to three days without a storage permit, was equivalent to the Federal program and therefore federally approvable. Based on the Vermont authorization and based on the fact that Washington’s comprehensive recycling program approach will result in significantly better environmental performance by affected facilities, EPA has determined Washington’s rule to be equivalent to the Federal program and federally approvable. The State revised its previouslyauthorized waste analysis plan requirements at WAC 173–303–300(1) and (2). The State amended its rule to provide clarity for Treatment, Storage and Disposal (TSD) facilities. The State rule is worded differently than the Federal rule at 40 CFR 264.13(a)(1) and (2); however, we consider it to be equivalent to the Federal program. While the Federal rule states that a TSD facility must obtain a detailed chemical E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations cprice-sewell on PROD1PC66 with RULES and physical analysis of a representative sample of the waste, 40 CFR 264.13(2) states that the analysis may include data developed under 40 CFR part 261 and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes. Federal guidance allows the use of knowledge rather than direct testing under certain circumstances (Waste Analysis at Facilities That Generate, Treat, Store, and Dispose of Hazardous Waste—A Guidance Manual OSWER 9938.4–03, April 1994). Therefore, the State amended its rule to require documentation when a TSD facility relies upon such knowledge other than testing. The State rule clarifies when the use of knowledge, as defined in WAC 173–303–040, is acceptable, and requires documentation to ensure that such knowledge is sufficient and used appropriately. Overall, EPA believes that the State rule ensures that wastes will be properly designated and managed in a safe and protective manner, and therefore we have determined that the State rule is equivalent to the Federal program. 3. Broader in Scope States are not allowed to seek authorization for State requirements that are broader in scope than Federal requirements. EPA does not have authority to authorize and enforce those parts of a State’s program EPA finds to be broader in scope than the Federal program. However, they remain part of the State’s hazardous waste program and the regulated community must comply with them in accordance with State law. Such rules are identified in the State’s authorization revision application, and include, but are not limited to, the following: The State adopted the Federal Zinc Fertilizer Rule (67 FR 48393, 7/24/02) but did not adopt the Federal exclusions found at 40 CFR 261.4(a)(20) and (21) for hazardous secondary materials used to make zinc fertilizers. Therefore, the State rule as applied to waste excluded under Federal rules is broader in scope than the Federal requirements. Additionally, the State added a Stateonly provision at WAC 173–303– 505(1)(b)(iv) for waste-derived fertilizer registration which is not a Federal requirement and is considered broader in scope than the Federal program. The State adopted the Federal Hazardous Waste Combustors Revised Standards (63 FR 33782, 6/19/98) but did not adopt the Federal comparable or syngas fuel exclusion (40 CFR 261.38), and therefore is broader in scope as applied to waste excluded under the Federal rules because the State rule VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 considers these wastes to be solid wastes. 4. Partial Rules Adopted In addition to the program differences described above, the State’s program has also elected to adopt portions of the following Federal rules. We have found the State portions to these Federal rules to be consistent with and equivalent to the Federal program. The State’s program includes those requirements of the Federal Waste Minimization Rule (50 FR 28702, 7/15/95) that are applicable to owners and operators of hazardous waste TSD facilities. The Federal waste minimization requirements applicable to generators (40 CFR 262.41(a)(6)–(8)) were not adopted by the State because generators must comply with the Stateonly pollution prevention planning requirements. EPA implements the Boilers and Industrial Furnaces (BIF) program in Washington State under its HSWA authority, although in order to fully implement the BIF program the State must adopt and receive authorization for the Non-HSWA Federal BIF requirements. In this action, the State is not seeking authorization for the BIF program (40 CFR 266.102 through 40 CFR 266.111). Although, the State did not adopt these Federal provisions, it did adopt the Non-HSWA Federal permit modification provisions (40 CFR 270.42(g) and 40 CFR 270.42(j)) related to boilers and industrial furnaces (WAC 173–303–830(4)(g) and WAC 173–303– 830(4)(j)). 5. Renumbering of Corrective Action Requirements In addition to authorizing the State’s corrective action management unit (CAMU) amendments, as identified in Table 1, Section G above, the State regulations for corrective action that were located at WAC 173–303–646 have been renumbered and restructured into eleven new sections. See table at WAC 173–303–646 for cross-references between new and previous State corrective action citations. I. Who Handles Permits After This Authorization Takes Effect? After authorization, Washington will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits that were issued prior to the effective date of this authorization. EPA will not issue any new permits or new portions of permits for the provisions listed in Section G after the effective PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 63261 date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Washington is not yet authorized. J. How Does Today’s Action Affect Indian Country (18 U.S.C. 1151) in Washington? EPA’s decision to authorize the Washington hazardous waste program does not include any land that is, or becomes after the date of this authorization, ‘‘Indian Country,’’ as defined in 18 U.S.C. 1151, with the exception of the non-trust lands within the exterior boundaries of the Puyallup Indian Reservation (also referred to as the ‘‘1873 Survey Area’’ or ‘‘Survey Area’’) located in Tacoma, Washington. EPA retains jurisdiction over ‘‘Indian Country’’. Effective October 22, 1998 (63 FR 50531, 9/22/98) Washington’s State program was authorized to implement the State authorized program on the non-trust lands within the 1873 Survey Area of the Puyallup Indian Reservation. The authorization did not extend to trust lands within the reservation. EPA retains its authority to implement RCRA on trust lands and over Indians and Indian activities within the 1873 Survey Area. K. What Is Codification and Is EPA Codifying Washington’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. EPA does this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart WW, for this authorization of Washington’s program revisions until a later date. II. Statutory and Executive Order Reviews This rule authorizes revisions to the State of Washington’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 E:\FR\FM\30OCR1.SGM 30OCR1 63262 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations cprice-sewell on PROD1PC66 with RULES 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 final rule is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is therefore not subject to OMB review. 2. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this final 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 Act The Regulatory Flexibility Act (RFA), as amended by the Small Business VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et seq., generally requires Federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s rule on small entities, small entity is defined as: (1) A small business, as codified in the Small Business Size Regulations at 13 CFR part 121; (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 impact on small entities because the final rule will only have the effect of authorizing preexisting requirements under State law. After considering the economic impacts of today’s rule, I certify that this action will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104–4) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Administrator publishes with the final 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, 8/10/99), 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 addresses the 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, 11/9/00), requires EPA to E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This rule does not have tribal implications, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045 applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866 and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. cprice-sewell on PROD1PC66 with RULES 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, 5/22/01) 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, section 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 VerDate Aug<31>2005 16:00 Oct 27, 2006 Jkt 211001 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 addresses authorizing 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). This rule will be effective on the December 29, 2006. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indians—lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006 and PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 63263 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: October 18, 2006. Ronald A. Kreizenbeck, Acting Regional Administrator, Region 10. [FR Doc. E6–18222 Filed 10–27–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION 49 CFR Part 37 [Docket OST–2006–26035] RIN 2105–AC86 Transportation for Individuals With Disabilities; Adoption of New Accessibility Standards Office of the Secretary, Department of Transportation. ACTION: Final rule. AGENCY: SUMMARY: The Department is amending its Americans with Disabilities Act (ADA) regulations to adopt, as its regulatory standards, the new Americans with Disabilities Act Accessibility Guidelines (ADAAG) recently issued by the Access Board, including technical amendments the Access Board subsequently made to the new ADAAG. In adopting the new ADAAG as its standards, the Department is making minor modifications to some of the Guidelines and is providing further guidance concerning its newly-adopted standards. DATES: This rule is effective November 29, 2006. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., Room 10424, Washington, DC 20590. (202) 366–9306 (voice); (202) 755–7687 (TDD), bob.ashby@dot.gov (e-mail). SUPPLEMENTARY INFORMATION: Under the ADA, the Access Board has the responsibility of creating ‘‘guidelines’’ for the accessibility of buildings, facilities, and vehicles subject to ADA requirements (the Americans with Disabilities Act Accessibility Guidelines, or ADAAG). It is then the responsibility of the Department of Transportation and Department of Justice to incorporate into their ADA regulations accessibility ‘‘standards’’ consistent with the Access Board’s minimum guidelines. The Department met this obligation in its 1991 ADA regulations through verbatim incorporation of the original ADAAG in Appendix A to part 37. The Access Board issued a major revision to E:\FR\FM\30OCR1.SGM 30OCR1

Agencies

[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Pages 63253-63263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18222]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8235-5]


Washington: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

SUMMARY: Washington has applied to EPA for Final authorization of 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act, as amended, (RCRA). EPA has determined that these 
changes satisfy all requirements needed to qualify for Final 
authorization, and is authorizing the State's changes through this 
immediate final rule. EPA is publishing this rule to authorize the 
changes without a prior proposal because we believe this action is not 
controversial and do not expect comments that oppose it.

DATES: This final authorization will become effective on December 29, 
2006, unless EPA receives adverse written comments on or before 
November 29, 2006. If we receive comments that oppose this action, EPA 
will publish a document in the Federal Register withdrawing this rule 
before it takes effect.

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0810 
by one of the following methods:
    1. https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: kocourek.nina@epamail.epa.gov.
    3. Fax: 206-553-8509.
    4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste 
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington 
98101.
    Instructions: Direct your comments to EPA-10-RCRA-2006-0810. EPA's 
policy is that all comments received will be included in the public 
file without change and may be made available online at https://
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov website is an ``anonymous access'' 
system which means that EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through https://
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public file 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters and any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy during normal business 
hours at the U.S. Environmental Protection Agency, Region 10 Library, 
1200 Sixth Avenue, Seattle, Washington, 98101, phone, and (206) 553-
1289. The EPA Region 10 Library is open from 9 a.m. to 12 p.m. and from 
1 p.m. to 2:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, 
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, 
Seattle, Washington 98101, phone number (206) 553-6502, fax number 
(206) 553-8509, e-mail: kocourek.nina@epa.gov; or Patricia Hervieux, 
Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington 
98503, phone (360) 407-6756, e-mail: pher461@ecy.wa.gov.

SUPPLEMENTARY INFORMATION:

I. Authorization of Revisions to State Program and of State-Initiated 
Changes to Washington's Hazardous Waste Program

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA pursuant to 
section 3006(b) of RCRA, 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 Title 40 of the Code of Federal

[[Page 63254]]

Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Washington's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, with respect to these revisions, we are 
granting Washington final authorization to operate its hazardous waste 
program as described in the revision authorization application. 
Washington's authorized program will be responsible for carrying out 
the aspects of the RCRA program as described in its revised program 
application, subject to the limitations of RCRA, including 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 they are authorized for the requirements. Thus, EPA will 
implement those HSWA requirements and prohibitions for which Washington 
has not been authorized, including issuing HSWA permits, until the 
State is granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

    The effect of this authorization decision is that a facility in 
Washington subject to RCRA will continue to be subject to the 
authorized State requirements and to the Federal HSWA provisions for 
which the State is not authorized in order to comply with RCRA. 
Washington has enforcement responsibilities under its State hazardous 
waste program for violations of its program, but EPA retains its 
independent enforcement authority under RCRA sections 3007, 3008, 3013, 
and 7003, which authority includes, among other things, the authority 
to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Washington 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Washington is 
being authorized by this action are already effective under State law, 
and are not changed by this action.

D. Why Wasn't There a Proposed Rule Before This Rule?

    EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of this Federal 
Register, we are publishing a separate document that proposes to 
authorize Washington's program changes. If we receive comments, which 
oppose this authorization, that document will serve as a proposal to 
authorize these changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If we receive comments that oppose this action, EPA will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect. EPA will then address public comments in a later final rule 
based on the proposed rule in this Federal Register. If we receive 
comments that oppose only the authorization of a particular change to 
the State hazardous waste program, we will withdraw that part of this 
rule. However, the authorization of program changes that are not 
opposed by any comments will become effective on December 29, 2006. A 
Federal Register withdrawal document will specify which part of the 
authorization will become effective and which part is being withdrawn. 
You may not have another opportunity to comment. If you want to comment 
on this authorization, you must do so at this time.

F. What Has Washington Previously Been Authorized for?

    Washington initially received final authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3782), to implement the State's 
dangerous waste management program. EPA granted authorization for 
changes to Washington's program on September 22, 1987, effective on 
November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16, 
1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR 
55322); February 29, 1996, effective April 29, 1996 (61 FR 7736); 
September 22, 1998, effective October 22, 1998 (63 FR 50531); October 
12, 1999, effective January 11, 2000 (64 FR 55142); April 11, 2002, 
effective April 11, 2002 (67 FR 17636) and on April 14, 2006, effective 
June 13, 2006 (71 FR 19442).

G. What Revisions Are We Authorizing With This Action?

    We are granting final authorization for the revisions to 
Washington's federally-authorized program described in Washington's 
final complete program revision application submitted to EPA on June 
26, 2006, and deemed complete by EPA on July 25, 2006. We have made a 
final determination, subject to receipt of written comments that oppose 
this action, that Washington's hazardous waste program revisions, as 
described in this rule, satisfy the requirements necessary for final 
authorization. Regulatory revisions that are less stringent than the 
Federal program requirements and those regulatory revisions that are 
broader in scope than the Federal program requirements are not 
authorized. Washington's authorized hazardous waste program, as amended 
by these provisions, remains equivalent to, consistent with, and is no 
less stringent than the Federal RCRA program. Therefore, we grant final 
authorization for the following program changes as identified in Table 
1 and Table 2 below.
    The provisions listed in these tables are from the Washington 
Administrative Code (WAC) and are analogous to the RCRA regulations as 
indicated in the tables. The RCRA regulations are those as published in 
40 CFR parts 260 through 265, 268, 270, and 279, as of July 1, 2003, 
unless otherwise noted. Table 1 identifies new State rules that EPA is 
authorizing as equivalent or more stringent to the Federal program, and 
Table 2 identifies those State-initiated changes to its previously-
authorized program. (Note, in Table 2 some State provisions have no 
direct Federal analog but are related to particular paragraphs, 
sections, or parts of the Federal hazardous waste requirements in the 
40 CFR). All of the referenced analogous State authorities were legally 
adopted and effective as of January 1, 2005.

                  Table 1.--Equivalent and More Stringent Analogues to the Federal Program \1\
----------------------------------------------------------------------------------------------------------------
                                                                                      Analogous state authority
           Checklist \4\              Federal requirements      Federal Register         (WAC 173-303-* * *)
----------------------------------------------------------------------------------------------------------------
17D \3\............................  Waste Minimization      50 FR 28702, 7/15/85..  180(1); 370(1); 380(1);
                                      HSWA Codification                               390(1); 380(1)(q);
                                      Rule.                                           810(11)(c); 805(1)(b),
                                                                                      805(1)(c).

[[Page 63255]]

 
30.................................  Biennial Report         51 FR 28556, 8/8/86...  390(2)(g), 390(2)(h),
                                      Correction.                                     390(2)(i).
108................................  Toxicity                57 FR 30657, 7/10/92..  071(3)(aa); 071(3)(g)(i);
                                      Characteristic                                  400(3)(a) Incorporated by
                                      Revisions; Technical                            Reference (IBR) 045(1)
                                      Corrections.
152................................  Imports and Exports of  61 FR 16290, 4/12/96..  120(6); 170(6); 070(1);
                                      Hazardous Waste:                                230(2); 280(1), 280(2);
                                      Implementation of                               600(3)(f); 950; 960;
                                      OECD Council Decision.                          230(1) IBR 045(1);
                                                                                      240(11); 250(1);
                                                                                      290(1)(a), 290(1)(b);
                                                                                      370(6); 525(1)(b)(ii),
                                                                                      525(1)(b)(iii); 573(16);
                                                                                      573(27), 573(34), 573(38),
                                                                                      573(38)(d).
156 \3\............................  Military Munitions      62 FR 6622, 2/12/97...  578(3); 578(4)(d),
                                      Rule.                                           578(4)(d)(i),
                                                                                      578(4)(d)(ii), 578(4)(e).
159................................  Conformance With the    62 FR 32974, 6/17/97..  9904; 082(1); 9903; 082(4)
                                      Carbamate Vacatur.                              IBR 045(1); 9905;
                                                                                      140(2)(a) IBR 045(1).
161................................  Emergency Revision of   62 FR 45568, 8/28/97..  140(2)(a) IBR 045(1).
                                      the Carbamate Land
                                      Disposal Restrictions
                                      (LDR).
168................................  Hazardous Waste         63 FR 33782, 6/19/98..  830(4)(j), 830(4)(j)(i),
                                      Combustors; Revised                             830(4)(j)(ii), 830
                                      Standards.                                      Appendix I--L. 9.;
                                                                                      805(7)(b)(viii).
182................................  Hazardous Air           64 FR 52828, 9/30/99    040; 670(1)(b),
                                      Pollutants Standards    amended at 64 FR        670(1)(b)(i),
                                      for Combustors.         63209, 11/19/99.        670(1)(b)(ii), 670(1)(c),
                                                                                      670(1)(d); 680(2);
                                                                                      400(3)(a) IBR 045(1);
                                                                                      510(1)(a) IBR 045(1);
                                                                                      806(4)(f), 806(4)(f)(v),
                                                                                      806(4)(n); 830 Appendix I--
                                                                                      A.8 and I.9.; 807 Intro.;
                                                                                      811 IBR 045(1).
183................................  LDR Phase IV--          64 FR 56469, 10/20/99.  9904; 082(1); 200(1)(f);
                                      Technical Correction.                           140(2)(a) IBR 045(1).
184 \2\............................  Accumulation Time for   65 FR 12378, 3/8/00...  200(1)(e), 200(1)(f);
                                      Waste Water Treatment                           200(4)(a), 200(4)(a)(i),
                                      Sludges.                                        200(4)(a)(ii),
                                                                                      200(4)(a)(iii),
                                                                                      200(4)(a)(iv),
                                                                                      200(4)(a)(iv)(A),
                                                                                      200(4)(a)(iv)(A)(I),
                                                                                      200(4)(a)(iv)(A)(II),
                                                                                      200(4)(a)(iv)(A)(III),
                                                                                      200(4)(a)(iv)(A)(III) 1st
                                                                                      and 2nd Bullets,
                                                                                      200(4)(a)(iv)(B),
                                                                                      200(4)(a)(iv)(C),
                                                                                      200(4)(a)(v)(D),
                                                                                      200(4)(a)(iv)(E),
                                                                                      200(4)(b), 200(4)(c).
187................................  Petroleum Refining      64 FR 36365, 6/8/00...  9904; 140(2) IBR 045(1).
                                      Process Wastes--
                                      Clarification.
188................................  Hazardous Air           65 FR 42292, 7/10/00..  670(1)(b)(i),
                                      Pollutant Standards;                            670(1)(b)(iii);
                                      Technical Corrections.                          830(4)(j)(i).
189................................  Chlorinated Aliphatics  65 FR 67068, 11/8/00..  9904; 082(1); 082(4) IBR
                                      Listing and LDR for                             045(1); 9905; 140(2)(a)
                                      Newly Identified                                IBR 045(1).
                                      Wastes.
192A \2\...........................  Mixture and Derived--   66 FR 27266, 5/16/01..  070(2)(a), 070(2)(c)(i),
                                      From Rules Revisions.                           070(2)(c)(ii),
                                                                                      070(2)(c)(ii)(A),
                                                                                      070(2)(c)(ii)(B); 071(2),
                                                                                      071(3)(bb), 071(3)(o);
                                                                                      081(3); 082(3).
192B...............................  LDR Correction........  66 FR 27266, 5/16/01..  140(2) IBR 045(1).
193................................  Change of Official EPA  66 FR 34374, 6/28/01..  110(3)(a).
                                      Mailing Address.
194 \2\............................  Mixture and Derived--   66 FR 50332, 10/3/01..  071(2); 081(3); and 082(3).
                                      From Rules Revision
                                      II.
195................................  Inorganic Chemical      66 FR 58258, 11/20/01;  071(3)(kk), 071(3)(kk)(i),
                                      Manufacturing Wastes    67 FR 17119, 4/9/02.    071(3)(kk)(ii),
                                      Identification and                              071(3)(kk)(iii),
                                      Listing.                                        071(3)(kk)(iv),
                                                                                      071(3)(kk)(v); 9904;
                                                                                      082(1), 082(4) IBR 045(1);
                                                                                      140(2)(a) IBR 045(1).

[[Page 63256]]

 
196................................  Corrective Action       67 FR 2962, 1/22/02...  040; 64650(1), 64650(2);
                                      Management Unit                                 64640, 64640(1); 64650(3),
                                      (CAMU) Amendments.                              64650(3)(a),
                                                                                      64650(3)(a)(i),
                                                                                      64650(3)(a)(ii),
                                                                                      64650(3)(a)(ii)(A),
                                                                                      64650(3)(a)(ii)(B),
                                                                                      64650(3)(a)(iii),
                                                                                      64650(3)(b), 64650(3)(c),
                                                                                      64650(3)(c)(i),
                                                                                      64650(3)(c)(ii),
                                                                                      64650(3)(c)(iii),
                                                                                      64650(3)(c)(iv),
                                                                                      64650(3)(d), 64650(3)(e);
                                                                                      64670(1), 64670(1)(a),
                                                                                      64670(1)(b), 64670(2);
                                                                                      64660(1), 64660(1)(a),
                                                                                      64660(1)(b), 64660(1)(c),
                                                                                      64660(1)(d), 64660(1)(e),
                                                                                      64660(1)(f), 64660(1)(g),
                                                                                      64660(2), 64660(2)(a),
                                                                                      64660(2)(b), 64660(2)(c),
                                                                                      64660(3), 64660(3)(a),
                                                                                      64660(3)(b), 64660(3)(c),
                                                                                      64660(3)(c)(i),
                                                                                      64660(3)(c)(ii),
                                                                                      64660(3)(c)(ii)(A),
                                                                                      64660(3)(c)(ii)(B),
                                                                                      64660(3)(d),
                                                                                      64660(3)(d)(i),
                                                                                      64660(3)(d)(i)(A),
                                                                                      64660(3)(d)(i)(A)(I),
                                                                                      64660(3)(d)(i)(A)(II),
                                                                                      64660(3)(d)(i)(B),
                                                                                      64660(3)(d)(i)(C),
                                                                                      64660(3)(d)(ii),
                                                                                      64660(3)(d)(iii),
                                                                                      64660(3)(d)(iv),
                                                                                      64660(3)(d)(iv)(A),
                                                                                      64660(3)(d)(iv)(B),
                                                                                      64660(3)(d)(iv)(C),
                                                                                      64660(3)(d)(iv)(D),
                                                                                      64660(3)(d)(iv)(E),
                                                                                      64660(3)(d)(iv)(F),
                                                                                      64660(3)(d)(v),
                                                                                      64660(3)(d)(v)(A),
                                                                                      64660(3)(d)(v)(B),
                                                                                      64660(3)(d)(v)(C),
                                                                                      64660(3)(d)(v)(D),
                                                                                      64660(3)(d)(v)(E),
                                                                                      64660(3)(d)(v)(E)(I),
                                                                                      64660(3)(d)(v)(E)(II),
                                                                                      64660(3)(d)(v)(E)(III),
                                                                                      64660(3)(d)(v)(E)(IV),
                                                                                      64660(3)(d)(v)(E)(V),
                                                                                      64660(3)(d)(vi),
                                                                                      64660(3)(d)(vii),
                                                                                      64660(3)(e),
                                                                                      64660(3)(e)(i),
                                                                                      64660(3)(e)(ii),
                                                                                      64660(3)(e)(iii),
                                                                                      64660(3)(f),
                                                                                      64660(3)(f)(iv),
                                                                                      64660(3)(f)(i),
                                                                                      64660(3)(f)(i)(A),
                                                                                      64660(3)(f)(i)(B),
                                                                                      64660(3)(f)(ii),
                                                                                      64660(3)(f)(ii)(A),
                                                                                      64660(3)(f)(ii)(B),
                                                                                      64660(3)(f)(ii)(C),
                                                                                      64660(3)(f)(ii)(D),
                                                                                      64660(3)(f)(ii)(E),
                                                                                      64660(3)(f)(ii)(F),
                                                                                      64660(3)(f)(iii),
                                                                                      64660(3)(f)(iii)(A),
                                                                                      64660(3)(f)(iii)(A)(I),
                                                                                      64660(3)(f)(iii)(A)(II),
                                                                                      64660(3)(f)(iii)(A)(III),
                                                                                      64660(3)(f)(iii)(A)(IV),
                                                                                      64660(3)(f)(iii)(A)(V),
                                                                                      64660(3)(f)(iii)(B),
                                                                                      64660(3)(f)(iv), 64660(4),
                                                                                      64660(4)(a), 64660(4)(b),
                                                                                      64660(4)(b)(i),
                                                                                      64660(4)(b)(ii), 64660(5),
                                                                                      64660(6), 64660(7),
                                                                                      64660(8); 64650(4); 64690
                                                                                      IBR 045(1); 646910(1),
                                                                                      646910(1)(a),
                                                                                      646910(1)(b),
                                                                                      646910(1)(b)(i),
                                                                                      646910(1)(b)(ii),
                                                                                      646910(1)(b)(iii),
                                                                                      646910(1)(c), 646910(2),
                                                                                      646910(3), 646910(4),
                                                                                      646910(5), 646910(5)(a),
                                                                                      646910(5)(b),
                                                                                      646910(5)(c),
                                                                                      646910(5)(d),
                                                                                      646910(5)(e),
                                                                                      646910(5)(f), 646910(6),
                                                                                      646910(7).
197................................  Hazardous Air           67 FR 6792, 2/13/02...  670(1)(b)(i),
                                      Pollutant Standards                             670(1)(b)(iv),
                                      for Combustors:                                 670(1)(b)(iv)(A),
                                      Interim Standards.                              670(1)(b)(iv)(B);
                                                                                      400(3)(a) IBR 045(1);
                                                                                      806(4)(f)(v), 806(4)(n);
                                                                                      807 Introduction; 811 IBR
                                                                                      045(1); 841 IBR 045(1).
198................................  Hazardous Air           67 FR 6968, 2/14/02...  510(1)(a) IBR 045(1);
                                      Pollutant Standards                             830(4)(j)(i).
                                      for Combustors:
                                      Corrections.
200................................  Zinc Fertilizer Rule..  67 FR 48393, 7/24/02..  071(3), 071(3)(pp),
                                                                                      071(3)(pp)(i),
                                                                                      071(3)(pp)(i)(A),
                                                                                      071(3)(pp)(i)(B),
                                                                                      071(3)(pp)(ii),
                                                                                      071(3)(pp)(iii),
                                                                                      071(3)(pp)(iii)(A),
                                                                                      071(3)(pp)(iii)(B),
                                                                                      071(3)(pp)(iii)(C),
                                                                                      071(3)(pp)(iii)(D),
                                                                                      071(3)(pp)(iii)(E),
                                                                                      071(3)(pp)(iii)(F);
                                                                                      505(1)(b)(i),
                                                                                      505(1)(b)(iii),
                                                                                      505(1)(b)(iii)(A),
                                                                                      505(1)(b)(iii)(B);
                                                                                      140(2)(a) IBR 045(1).
201................................  Treatment Variance for  67 FR 62618, 10/7/02..  140(2)(a) IBR 045(1).
                                      Radioactively
                                      Contaminated
                                      Batteries.
202................................  Hazardous Air           67 FR 77687, 12/19/02.  806(4)(f)(v), 806(4)(n);
                                      Pollutant Standards                             807 Introduction; 811 IBR
                                      for Combustors:                                 045(1).
                                      Corrections 2.
204 \2\, 204.1 \2\.................  Performance Track and   69 FR 21737, 4/22/04    200(5) IBR 045(1),
                                      Amendments.             amended 69 FR 62217,    200(5)(a), 200(5)(b),
                                                              10/25/04.               200(5)(c), 200(5)(d),
                                                                                      200(5)(e).

[[Page 63257]]

 
209 \2\............................  Mercury Containing      70 FR 45508, 8/5/05...  040; 077(2), 077(3);
                                      Equipment, Universal                            600(3)(o)(ii),
                                      Waste.                                          600(3)(o)(iii);
                                                                                      400(2)(c)(xi)(B),
                                                                                      400(2)(c)(xi)(C);
                                                                                      573(4)(d) IBR 045(1);
                                                                                      800(7)(c)(iii)(B),
                                                                                      800(7)(c)(iii)(C);
                                                                                      573(3)(a), 573(3)(b),
                                                                                      573(3)(b)(i),
                                                                                      573(3)(b)(ii),
                                                                                      573(3)(c)(i),
                                                                                      573(3)(c)(ii), 573(4)(a),
                                                                                      573(4)(b), 573(4)(b)(i),
                                                                                      573(4)(b)(ii),
                                                                                      573(4)(c)(i),
                                                                                      573(4)(c)(ii); 573(9)(b),
                                                                                      573(9)(b)(i),
                                                                                      573(9)(b)(ii),
                                                                                      573(9)(b)(ii)(A)-(H),
                                                                                      573(9)(b)(iii)(A),
                                                                                      573(9)(b)(iii)(A)(I),
                                                                                      573(9)(b)(iii) (9)(A)(II),
                                                                                      573(9)(b)(iii)(B),
                                                                                      573(9)(b)(iii)(C),
                                                                                      573(10)(b), 573(10)(c),
                                                                                      573(11)(c)(ii),
                                                                                      573(19)(b)(iv),
                                                                                      573(19)(b)(v), 573(20)(b),
                                                                                      573(20)(b)(i),
                                                                                      573(20)(b)(ii),
                                                                                      573(20)(b)(ii)(A)-(H),
                                                                                      573(20)(b)(iii)(A),
                                                                                      573(20)(b)(iii)(A)(I),
                                                                                      573(20)(b)(iii)(A)(II),
                                                                                      573(20)(b)(iii)(B),
                                                                                      573(20)(b)(iii)(C),
                                                                                      573(21)(b), 573(21)(c),
                                                                                      573(22)(c)(ii),
                                                                                      573(26)(a)(ii),
                                                                                      573(26)(b)(ii),
                                                                                      573(37)(a)(ii).
13, 79 (Consolidated Checklist C2).  Identification and      50 FR 614, 1/4/85;      120(4).
                                      Listing of Hazardous    amended 50 FR 14216,
                                      Waste--Recycling        4/11/85 and 50 FR
                                      Facility Requirements.  33541, 8/20/85; 55 FR
                                                              25454, 6/21/90.
IVA, IVB, 34, 64, 78, 102            Standards for Owners    45 FR 33232, 5/19/80;   300(1), 300(2); 040.
 (Consolidated Checklist C5/C6).      and Operators of        51 FR 40572, 11/7/86
                                      Hazardous Waste         amended 52 FR 21010,
                                      Treatment Storage and   6/4/87; 54 FR 33376,
                                      Disposal Facilities--   8/14/89; 55 FR 22520,
                                      Waste Analysis Plan.    6/1/90; 57 FR 8086, 3/
                                                              6/92.
V, 13, 71 (Consolidated Checklist    Permits by Rule--       48 FR 14228, 4/12/83,   802(5)(a), 802(5)(b); 040.
 C9 \2\).                             Subpart F--Special      amended 48 FR 30113,
                                      Forms of Permits.       6/30/83; 50 FR 614, 1/
                                                              4/85; amended 50 FR
                                                              14216, 4/11/85 and 50
                                                              FR 33541, 8/20/85; 55
                                                              FR 2322, 1/23/90.
54, 85, 94, 168, 188, 198            Hazardous Waste         53 FR 37912, 9/28/88    830(4)(g), 830(4)(g)(i),
 (Consolidated Checklist C9).         Management              amended 53 FR 41649,    830(4)(g)(i)(A),
                                      Facilities--Boilers     10/24/88; 56 FR 7134,   830(4)(g)(i)(B),
                                      and Industrial          2/21/91; 56 FR 32688,   830(4)(g)(i)(C),
                                      Furnaces.               7/17/91; 63 FR 33782,   830(4)(g)(i)(D),
                                                              6/19/98; 65 FR 42292,   830(4)(g)(i)(E),
                                                              7/10/00; amended 66     830(4)(j), 830(4)(j)(i),
                                                              FR 24270, 5/14/01 and   830(4)(j)(ii).
                                                              66 FR 35087, 7/3/01;
                                                              67 FR 6968, 2/14/02.
----------------------------------------------------------------------------------------------------------------
\1\ For further discussion on where the revised State rules differ from the Federal rules refer to Section G.
  below, the authorization revision application, and the administrative record for this decision.
\2\ State rule contains some more stringent provisions. For identification of more stringent State provisions
  refer to the authorization revision application and the administrative record for this decision.
\3\ State requested authorization for portions of the Federal regulation. For identification of which portions
  are authorized refer to the authorization revision application and the administrative record for this
  decision.
\4\ Checklists generally reflect changes made to the Federal regulations pursuant to a particular Federal
  Register notice and EPA publishes these Checklists as aids for States to use for the development of their
  authorization application. (See EPA's RCRA State Authorization Web page at https://www.epa.gov/epaoswer/
 hazwaste/state/rcra.)


                    Table 2.--State Initiated Changes
------------------------------------------------------------------------
State requirement and reason for change      Analogous Federal 40 CFR
          (WAC 173-303-* * *)                      citation\1\
------------------------------------------------------------------------
40 ``Partial closure'' definition,       260.10.
 Internal citation corrected.
045(1), Date of incorporation by         No direct federal analog.
 reference updated.
045(2)(a) Federal citation for a         260.20-260.22.
 delegable provision moved to next sub-
 subsection.
045(2)(b), Citation corrected..........  264.301(l).
045(2)(c), Citation corrected..........  268.5, 268.6, 268.10-14,
                                          268.42(b), 268.44 except
                                          268.44(a)-(g).
045(3), Clarification of delegable       260.20-22.
 federal citation not incorporated by
 reference.
045(4), New subsection--substitution of  No direct federal analog.
 state for federal terms.
060(1), Clarification of ID     262.12(a)&(c).
 issuance and state-only transfer
 facility registration number issuance.
060(2), Corrections for new form name..  262.12(b).
060(5), Corrections for new form name..  262.12 related.
070(2)(c), Hazardous debris exclusion    261.3(f).
 moved to 071(3)(qq).
070(7)(c)(ii), Citation added..........  261.5(c) and 262.10 related.
070(8)(b)(iii)(C), Citation updated....  261.5(f)(3) & 261.5(g)(3)
                                          related.
070(8)(d), Clarification of application  261.6(a)(4).
 of used oil standards to CESQGs.
071(3)(k), Citation corrected..........  No direct federal analog.

[[Page 63258]]

 
071(3)(o), SIC changed to NAIC Codes...  261.3(c)(2)(ii)(A).
071(3)(cc), SIC changed to NAIC Codes..  261.4(a)(12).
071(3)(hh), SIC changed to NAIC Codes..  261.4(a)(18).
071(3)(nn), State-only drug exclusion..  No direct federal analog.
081(3), Clarification of ``mixture''     261.3(c).
 language.
082(3), Clarification of ``mixture''     261.3(b)(2).
 language.
090(5)(a)(iii), Citation deletion to     261.21.
 conform to federal rule.
100(5)(b)(i), Clarification............  No direct federal analog.
100(6), Publication reference update...  No direct federal analog.
100(6)(d), Obsolete reference deleted..  No direct federal analog.
104, State-only waste codes identified   No direct federal analog.
 in one location.
110(3)(g)(vii), Spelling correction and  260.11(a)(15).
 year update.
120(3).................................  261.6(a)(2).
120(4).................................  261.6(c)(1).
120(4)(c)(v)-(viii)....................  261.6(c)(2).
Closure requirements for recycling and
 used oil facilities (new in 2005).
140(2)(a), Citation added Clarification  Part 268.
161(6), 5 years added as retention       No direct federal analog.
 period for labpacks.
170(5), Citations corrected............  262.10(i).
190(5)(b), Marking directions corrected  No direct federal analog 262.30-
                                          260.33 related.
200(1)(b)(i)&(ii), Citation corrected..  262.34(a)(1) intro and
                                          (a)(1)(i) & (ii).
200(1)(b)(ii)&(iii), Stress of           262.34(a)(1) intro and
 installation added for equivalence       (a)(1)(ii) & (iii).
 with federal rule.
200(1)(b)(iv)(B), Citation added for     262.34(a)(1)(iv) paragraph
 equivalence with federal rule at un-     following (B).
 numbered paragraph following (B).
200(1)(e)(i), Citation added for         262.34(a)(4).
 equivalence with federal rule.
201(2)(e), Citations corrected;          262.34(d).
 generators of between 220 and 2200
 pounds are subject to secondary
 containment.
210(2), Corrections for new form name..  262.40(b).
240(6)(a), Corrections for new form      263.12 related.
 name.
283(2), Citation corrected.............  No direct federal analog.
290(1)(a)(i) through (vi), Subsection    264/265.12(a).
 renumbered.
320(2)(a), Edit for clarity............  264/265.15 except (b)(4)&(d).
380(1)(i), (j), (k), (l), (m), (n),      264.73(b)(8), (9), (10), (11),
 (o), Citations corrected.                (12), (13), (14), (15), and
                                          (16).
380(1)(p), Reference added.............  264.73(b)(17).
390(1), Deleted obsolete form title....  264/265 Intro.
395(1)(d), Uniform Fire Code changed to  264/265.17.
 International Fire Code.
400(3)(c)(ix), Closure notification      265.112(d)(1) related.
 clarified.
400(3)(c)(xi)(C) & (G), Citations        265 related.
 corrected.
500(1), Reference to 120(3) & (5) added  No federal analog.
505(1) Intro, Reference to 120(3) added  No direct federal analog.
505(1)(b), State fertilizer              No direct federal analog.
 registration requirements moved from
 (1)(b)(i) to (1)(b)(iv).
506(1), Reference to 120(3) added......  261.4(b)(12).
510(1), Reference to 120(3) added......  266.30(a) (1990 CFR).
510(1)(b)(i)(B) and Note,                266.30(b) intro and (b)(1)
 Clarification; Previous (C) deleted      (1990 CFR) 266.100(b)(1) (1999
 and consolidated into (B) References     CFR).
 to state-only W001 removed.
515(5)(a), State waste code W001         279.12.
 changed to WPCB.
515(9)(a), Closure requirements for      279.52 related.
 recycling and used oil facilities (new
 in 2005).
515(13), Used oil testing (new           279 related.
 subsection).
520 Intro, Reference to 120(3) added...  266.80(a).
522(1), Reference to 120(3) added......  No federal analog.
525(1), Reference to 120(3) added......  266.70 except 266.70(v)(3).
600(3)(e), Citation correction.........  270.1(c)(2) 264.1(b).
600(3)(g), Citation correction.........  270.1(c)(2) 264.1(b).
610(1)(c), (previous ``c'' became ``d''  264.110 related.
 & ``d'' became ``e'') Closure
 requirements for recycling and used
 oil facilities (new in 2005).
610(2)(b)(i), Closure standard wording   264.111(c).
 corrected.
610(3)(c)(i), Closure notification       264.112(d).
 clarified.
610(12) New subsection, Closure          264.112 related.
 requirements for recycling and used
 oil facilities (new in 2005).
620(1)(e) New sub-subsection, Closure    264.140 related.
 requirements for recycling and used
 oil facilities (new in 2005).
620(2)(a), Closure requirements for      264.141(a)-(e) related.
 recycling and used oil facilities (new
 in 2005); Closure plan definition
 modified to include recycling and used
 oil processors.
620(3), New un-numbered exception        264.142 related.
 paragraph, Closure requirements for
 recycling and used oil facilities (new
 in 2005).
620(4)(a), Reference to used oil and     264.143 related.
 recycling facilities added, Closure
 requirements for recycling and used
 oil facilities (new in 2005).
620(4)(b), Clarification...............  264.143.

[[Page 63259]]

 
620(4)(c), New sub-subsection, Closure   No direct federal analog.
 requirements for recycling and used
 oil facilities (new in 2005).
620(6)(a)(i), Partially funded trust     264.145.
 funds no longer allowed for closure.
620(6)(a)(v), Minimum ratings of         264.145.
 financial strength for financial and
 insurance institutions required.
620(6)(a)(vi), Minimum tangible net      264.145.
 worth increased to $20M.
620(8)(a), Closure requirements for      264.147(a).
 recycling and used oil facilities (new
 in 2005); Liability requirements
 modified to apply to recyclers and
 used oil processors.
620(8)(a)(i), Minimum ratings of         264.147(a).
 financial strength for financial and
 insurance institutions required.
620(8)(a)(ii), Allow Ecology to file     264.147(a).
 claims against liability insurance.
620(8)(a)(iii), Minimum tangible net     264.147(a).
 worth increased to $20M.
620(8)(b)&(f), Citations corrected.....  264.147(b), 264.147(f)-(j).
630(8)(a) and (b), Uniform Fire Code     264.176.
 references changed to International
 Fire Code.
640(2)(c)(iv)(B) Note, Reference to      264.191(b)(5)(ii), Note.
 obsolete guidance replaced with list
 of publications that may be used.
640(4)(i), Citations corrected.........  264.193.
640(4)(i)(iii) Note, Reference to        264.193.
 obsolete guidance replaced with list
 of publications that may be used.
640(7)(d)(i)-(iii), (ii) and (iii)       264.196.
 deleted; Spill requirements modified--
 must be reported immediately.
640(7)(d)(i)(F), Section 360 applies in  264.196.
 the event of emergency.
645(1)(a)(ii), Citations corrected.....  264.90(a).
645(10)(h) Lettering corrected, (h) was  264.99.
 added as a reserved sub-subsection
 since it had been missing from
 previous text. No text is missing. Two
 federal provisions (g) and (h) are
 combined at (g) in the State rules.
64690 (previous 646(8)), Clarification   264.554.
 that ``director'' means ``department''.
670(1)(c)(i)-(ii)......................  264.340(b) & (c).
670(1)(c)(iii).........................  264.340 related.
670(1)(d)..............................  264.340(d).
Re-lettered from (b) to (c) and (c) to
 (d) to accommodated new (b).
680(3), Citation corrected.............  264.602.
690(1)(c), Citation clarified..........  264.1030(c).
691(1)(b) Intro, Citation clarified....  264.1050(b) intro.
691(1)(c), Paragraph updated...........  264.1050(c).
692(2) Note, Citations corrected.......  264.1081-1091.
802(3), Citation corrected.............  270.60(b).
802(4)(c)(viii), Citation corrected....  270.60(c).
803(3)(c), SIC changed to NAIC Codes...  270.13.
805(7)(a)(v), Citation correction......  270.72(a)(5).
806(6), Note added.....................  270.10(h).
830 Appendix I--6. and 7.a. & b.,        270.42 Appendix I.
 Citations corrected.
830 Appendix I--N.1. and 2., Citations   270.42 Appendix I.
 corrected.
910(1)(c), Minimum public comment        260.20(c).
 period reduced from 45 to 21 days.
910(6)(f)(i), Minimum public comment     268 related.
 period reduced from 45 to 21 days.
960, Changed to be consistent with       RCRA 7003 related.
 Hazardous Waste Management Act.
9904 State sources, State PCB waste      261.31(a), 261.32.
 code changed from W001 to WPCB.
------------------------------------------------------------------------
\1\ Reference to ``No direct federal analog'' is for informational
  purposes and is not authorized.

H. Where Are the Revised State Rules Different From the Federal Rules?

    Under RCRA 3009, EPA may not authorize State rules that are less 
stringent than the Federal program. Any State rules that are less 
stringent do not supplant the Federal regulations. State rules that are 
broader in scope than the Federal program requirements are allowed but 
are not authorized. State rules that are equivalent to, and State rules 
that are more stringent than, the Federal program may be authorized, in 
which case they are enforceable by EPA.
    This section discusses certain rules where EPA has made the finding 
that the State program is more stringent and will be authorized; it 
discusses those State rules which are being authorized as different but 
equivalent to the Federal program; it discusses those rules where the 
State program is broader in scope, and cannot be authorized. Certain 
portions of the Federal program are not delegable to the States because 
of the Federal government's special role in foreign policy matters and 
because of national concerns that arise with certain decisions. EPA 
does not delegate import/export functions. Under RCRA regulations found 
in 40 CFR part 262, EPA will continue to implement requirements for 
import/export functions. The State amended its import and export rules 
to include 40 CFR part 262, subpart H in accordance with the

[[Page 63260]]

Federal rule on Imports and Exports Regulations of Hazardous Waste: 
Implementation of Organization for Economic Cooperation and Development 
(OECD) Council Decision (61 FR 16290, 4/12/96). The State's counterpart 
to this Federal rule is found at WAC 173-303-120(6), although EPA will 
continue to implement those requirements. Not all program differences 
are discussed in this section because Washington writes its own version 
of the Federal hazardous waste rules. Persons must consult Tables 1 and 
2, in Section G above, for the specific State regulations that EPA is 
authorizing in this final rule.
1. More Stringent
    States are allowed to seek authorization for State requirements 
that are more stringent than Federal requirements. EPA has authority to 
authorize and enforce those parts of a State's program EPA finds to be 
more stringent than the Federal program. This section does not discuss 
each more stringent finding made by EPA, but persons can locate such 
sections by consulting Table 1 in Section G above, as well as by 
reviewing the docket for this rule. The State program is authorized for 
each more stringent requirement as part of this rulemaking.
    The State revised its previously-authorized permits-by-rule 
provision at WAC-173-303-802(5)(a) and (5)(b) to allow off-site 
dangerous waste, including federally-regulated waste, to be received at 
a wastewater treatment unit. These State provisions are considered 
broader in scope for State-only wastes and more stringent for the 
federally-regulated wastes since the State rule includes additional 
safeguards that the Federal requirements found at 40 CFR 270.1(c)(2(iv) 
and (v) do not include, such as: (1) Requirement that the source of the 
wastewater be identified; (2) requirement that the generator keep an 
operating record when federally-regulated wastes are received from off-
site, and (3) requirement that wastewater received from off-site be 
generated within the same industry and be able to be effectively 
treated by the wastewater treatment unit.
    The State adopted portions of the Federal Mercury-Containing 
Equipment, Universal Waste Rule (70 FR 45508, 8/5/05). The State's rule 
is based on EPA's proposed rule (67 FR 40508, 6/12/02) and until the 
State revises its rules to include the changes EPA made with its final 
rule (70 FR 45508, 8/5/05) the State's program will be more stringent 
than the Federal program. The State's rule is more stringent because it 
does not include the following Federal provisions: the definition for 
``ampule'' (40 CFR 260.10); merging ``mercury-containing thermostats'' 
with ``mercury-containing equipment'' into one universal waste category 
(40 CFR 260.10); and revised waste management standards for mercury-
containing equipment that have open housings instead of ampules (40 CFR 
273.13). Additionally, the State's definitions of small and large 
quantity handler of universal waste found at WAC 173-303-040 are more 
stringent than the Federal rule (40 CFR 273.9) because (1) the State's 
rule regulates universal waste lamps at a lower accumulation threshold 
than the Federal requirement and (2) the State's rule does not include 
the Federal language that allows equipment with non-contained elemental 
mercury to be managed as universal waste.
    The State incorporated by reference most of the Federal Performance 
Track Rule (69 FR 21737, 4/22/04) into State law (WAC 173-303-200(5)). 
However, there are some Federal provisions for which the State included 
its own internal citations, which include the following more stringent 
requirements: aisle space requirement for containers (WAC 173-303-
630(5)(c)); risk labeling (WAC 173-303-200(1)(d)); verification of 
training (WAC 173-303-300(2)(c)); cause of incident (WAC 173-303-
360(2)(k)(viii)); and description of corrective action taken to prevent 
reoccurrence of the incident (WAC-173-303-360(2)(k)(ix)); and the 
requirement that drip pads remain subject to closure standards (WAC 
173-303-675(6)(b)).
    We also consider the State's new requirement for accumulating 
dangerous waste on-site for waste water treatment sludges (WAC 173-303-
200(1)(e) and (f)) to be more stringent than the Federal requirement 
(40 CFR 262.34(a)(4)) because the State rule-unlike the Federal rule-
requires compliance with ``general inspections'' (WAC 173-303-320) in 
addition to the other Federal requirements.
    The State's revised mixture rules (WAC 173-303-071(2); 081(3); and 
082(3)) are more stringent than the Federal rules because the State 
rules do not include all of the Federal wastewater mixture exclusions 
as identified in the Federal Mixture and Derived-From Rule Revisions 
(66 FR 27266, 516/01; and 66 FR 50332, 10/3/01).
2. Different But Equivalent
    The following State requirements are different than the Federal 
requirements, but EPA has determined that they are nevertheless 
equivalent to the Federal program.
    In 2005, the State enacted its Hazardous Waste Facilities 
Initiative (HWFI), which among other things makes many recycling 
activities subject to closure plan requirements, pollution liability 
coverage requirements, and financial assurance requirements. In 
contrast, under the Federal rules, hazardous waste recycling activities 
are generally exempt from hazardous waste requirements and therefore 
are not subject to closure plans, pollution liability coverage and 
financial assurance. Additionally, the State amended its previously 
authorized provision (WAC 173-303-120(4)) to be more similar to the 
Federal rule (40 CFR 261.6(c)(2)) in that the State removed the 
provision that specified that recyclable materials would be considered 
stored unless they were moved into an active recycling process within 
24 hours The State revised its rule so that it can determine on a case-
by-case basis whether recyclable materials received from off-site are 
not stored if they are moved into an active recycling process in a 
period of time not to exceed 72 hours. While the Federal analog does 
not specify a timeframe after which holding recyclable materials is 
considered storage, EPA Region 1 authorized the State of Vermont for a 
similar provision (see 64 FR 51702, September 24, 1999), stating ``EPA 
has previously agreed that States administering the RCRA program have 
some discretion to determine that short periods of accumulation by 
recyclers of incoming material do not constitute storage and would not 
trigger the RCRA storage permitting requirements''. Region 1 determined 
that Vermont's rule, which allows up to three days without a storage 
permit, was equivalent to the Federal program and therefore federally 
approvable. Based on the Vermont authorization and based on the fact 
that Washington's comprehensive recycling program approach will result 
in significantly better environmental performance by affected 
facilities, EPA has determined Washington's rule to be equivalent to 
the Federal program and federally approvable.
    The State revised its previously-authorized waste analysis plan 
requirements at WAC 173-303-300(1) and (2). The State amended its rule 
to provide clarity for Treatment, Storage and Disposal (TSD) 
facilities. The State rule is worded differently than the Federal rule 
at 40 CFR 264.13(a)(1) and (2); however, we consider it to be 
equivalent to the Federal program. While the Federal rule states that a 
TSD facility must obtain a detailed chemical

[[Page 63261]]

and physical analysis of a representative sample of the waste, 40 CFR 
264.13(2) states that the analysis may include data developed under 40 
CFR part 261 and existing published or documented data on the hazardous 
waste or on hazardous waste generated from similar processes. Federal 
guidance allows the use of knowledge rather than direct testing under 
certain circumstances (Waste Analysis at Facilities That Generate, 
Treat, Store, and Dispose of Hazardous Waste--A Guidance Manual OSWER 
9938.4-03, April 1994). Therefore, the State amended its rule to 
require documentation when a TSD facility relies upon such knowledge 
other than testing. The State rule clarifies when the use of knowledge, 
as defined in WAC 173-303-040, is acceptable, and requires 
documentation to ensure that such knowledge is sufficient and used 
appropriately. Overall, EPA believes that the State rule ensures that 
wastes will be properly designated and managed in a safe and protective 
manner, and therefore we have determined that the State rule is 
equivalent to the Federal program.
3. Broader in Scope
    States are not allowed to seek authorization for State requirements 
that are broader in scope than Federal requirements
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