Washington: Authorization of State Hazardous Waste Management Program Revisions, 10383-10390 [2018-04702]
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Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations
10383
TABLE 1 TO PARAGRAPH (a)—CLASSIFICATIONS AND ATTAINMENT DATES FOR 2015 8-HOUR OZONE NAAQS (0.070
ppm) FOR AREAS SUBJECT TO § 51.1302—Continued
8-hour ozone
design value
(ppm)
Area class
Severe-17 ..........................................................
from up to * ........................................................
Extreme ..............................................................
equal to or above ..............................................
Primary standard
attainment date
(years after the effective
date of designation for
2015 primary NAAQS)
0.111
0.163
0.163
17
20
* But not including.
(b) A state may request, and the
Administrator must approve, a higher
classification for an area for any reason
in accordance with CAA section
181(b)(3).
(c) A state may request, and the
Administrator may in the
Administrator’s discretion approve, a
higher or lower classification for an area
in accordance with CAA section
181(a)(4).
[FR Doc. 2018–04810 Filed 3–8–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R10–RCRA–2017–0285; FRL–9974–
35–Region 10]
Washington: Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final authorization.
AGENCY:
Washington applied to the
Environmental Protection Agency (EPA)
for final authorization of certain changes
to its hazardous waste program under
the Resource Conservation and
Recovery Act, as amended, (RCRA). The
EPA reviewed Washington’s
application, and has determined that
these changes satisfy all requirements
needed to qualify for final authorization.
The EPA sought public comment under
Docket number EPA–R10–RCRA–2017–
0285 from July 13, 2017 to August 14,
2017 and from September 25, 2017 to
October 25, 2017, prior to taking this
final action to authorize these changes.
The EPA received one comment which
was responded to but was not
applicable to this authorization action.
DATES: This final authorization is
effective April 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Barbara McCullough, U.S.
Environmental Protection Agency,
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SUMMARY:
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Region 10, Office of Air and Waste
(OAW–150), 1200 Sixth Avenue, Suite
900, Seattle, Washington 98101, phone
number: (206) 553–2416, email:
mccullough.barbara@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States that have received final
authorization from the 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 the 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 the EPA’s
regulations in title 40 of the Code of
Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273, and 279.
Washington State’s hazardous waste
management program was initially
approved on January 30, 1986 and
became effective on January 31, 1986.
As explained in Section E below, it has
been revised and reauthorized
numerous times since then. On January
26, 2017, the EPA received the State’s
most recent authorization revision
application. This authorization revision
application requested federal
authorization for Washington’s Rules
and Standards for Hazardous Waste,
effective as of December 31, 2014, and
sought to revise its federally-authorized
hazardous waste management program
to include Federal hazardous waste
regulations promulgated through July 1,
2013.
B. What decisions has the EPA made in
this authorization?
The EPA has reviewed Washington’s
application to revise its authorized
program and has determined that it
meets all the statutory and regulatory
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requirements established by RCRA.
Therefore, the EPA is granting
Washington final authorization to
operate its hazardous waste program
with the changes described in the
authorization revision application.
Washington will continue to have
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
within its borders (except in Indian
country (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
(see Section J below for full description)
and for carrying out the aspects of the
RCRA program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA, and
which are not less stringent than
existing requirements, take effect in
authorized states before the states are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in
Washington, including issuing permits,
until the State is granted authorization
to do so.
C. What is the effect of this
authorization decision?
A person in Washington subject to
RCRA must comply with the authorized
State requirements in lieu of the
corresponding Federal requirements.
Additionally, such persons will have to
comply with any applicable Federal
requirements, such as HSWA
regulations issued by the EPA for which
the State has not received authorization
and RCRA requirements that are not
supplanted by authorized State-issued
requirements. Washington continues to
have enforcement responsibilities under
its State hazardous waste management
program for violations of this program,
but the EPA retains its authority under
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RCRA Sections 3007, 3008, 3013, and
7003, which includes, among others, the
authority to:
• Conduct inspections;
• Require monitoring, tests, analyses,
or reports;
• Suspend, terminate, modify, or
revoke permits;
• Abate conditions that may present
an imminent and substantial
endangerment to human health and the
environment; and
• Enforce RCRA requirements and
take enforcement actions regardless of
whether the State has taken its own
actions.
The action to approve these revisions
will not impose additional requirements
on the regulated community because the
regulations for which Washington has
requested federal authorization are
already effective under State law and
are not changed by the act of
authorization.
D. What were the comments received
on this authorization action?
The EPA received one comment
during the public comment periods of
this action. That commenter requested
the regulations not be authorized as they
add State administrative burden to a
CERCLA site. However, the
authorization of these regulations do not
impact the State’s authority to
implement its rules. This authorization
action allows the EPA to implement the
State of Washington’s rules which were
adopted on December 31, 2014. This
comment should have been addressed to
the State prior to the adoption of their
rule package. No such comment was
received. The concern raised in this
comment was referred to the State to be
addressed. For a copy of the specific
comment received, please see Docket
number EPA–R10–RCRA–2017–0285
under ‘‘Comment1’’ at
www.regulations.gov.
E. 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 hazardous
waste management program. The 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); April 14, 2006, effective June
13, 2006 (71 FR 19442); October 30,
2006 effective December 29, 2006 (71 FR
63253) and June 18, 2010 effective July
28, 2010 (75 FR 44144).
F. What changes is the EPA authorizing
with this action?
The EPA is authorizing revisions to
Washington’s authorized program
described in Washington’s official
program revision application, submitted
to the EPA on January 26, 2017 and
deemed complete by the EPA on
February 23, 2017. The EPA has
determined that Washington’s
hazardous waste management program
revisions as described in the January 23,
2017 State’s authorization revision
application satisfy the requirements
necessary to qualify 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 management program, as
amended by these provisions, remains
equivalent to, consistent with, and is no
less stringent than the Federal RCRA
program. Therefore, the EPA is
authorizing the State for the following
program changes as identified in Table
1 and Table 2 below.
The provisions listed in Table 1 and
Table 2 are from the Washington
Administrative Code (WAC) and are
analogous to the RCRA regulations as
indicated in the Tables. The RCRA
regulations that the State incorporated
by reference are those as published in
40 CFR parts 260 through 265, 268, 270,
and 279, as of July 1, 2013, unless
otherwise noted. Table 1 identifies new
State rules that the EPA is authorizing
as equivalent or more stringent than the
Federal program. Table 2 identifies
State-initiated changes to previously
authorized State provisions. (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
regulations.) The referenced analogous
State authorities were State adopted and
effective as of December 31, 2014.
TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM
Checklist 1
Federal requirements
12 2 .............
174 .............
Satellite Accumulation .......
Post-Closure Permit Requirement and Closure
Process.
Nonwastewaters from Dyes
and Pigments.
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206 .............
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Analogous State authority
(WAC 173–303–* * *)
Federal Register
49 FR 49568, 12/20/1984
63 FR 56710, 10/22/1998
70 FR 9138, 2/24/2005 .....
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200(2).
645(1)(e); 800(12); 610(3)(a)(ix); 620(1)(d)(i); 610(3)(b)(ii)(D);
610(8)(d)(ii)(D); 045(1); 400(3)(a); IBR 045(1); 800(2);
806(4)(a); 806(4)(o).
071(3)(kk), 071(3)(kk)(i), 071(3)(kk)(ii), 071(3)(kk)(iii), 071(3)(kk)(iv), 071(3)(kk)(v); 9904,
9904(1), 9904(2), 9904(3), 9904(4), 9904(4)(a), 9904(4)(b), 9904(4)(b)(i), 9904(4)(b)(ii),
9904(4)(b)(iii), 9904(4)(b)(iv), 9904(4)(b)(iv)(A), 9904(4)(b)(iv)(B), 9904(4)(b)(iv)(C),
9904(4)(c), 9904(4)(c)(i), 9904(4)(c)(ii), 9904(4)(c)(iii), 9904(4)(c)(iii)(A), 9904(4)(c)(iii)(B),
9904(4)(c)(iii)(C), 9904(4)(c)(iii)(D), 9904(4)(c)(iv), 9904(4)(c)(iv)(A), 9904(4)(c)(iv)(B),
9904(4)(c)(v), 9904(4)(c)(vi), 9904(4)(c)(vii), 9904(4)(c)(viii), 9904(4)(c)(ix), 9904(4)(c)(x),
9904(4)(c)(x)(A), 9904(4)(c)(x)(B), 9904(4)(c)(x)(C), 9904(4)(c)(x)(D), 9904(4)(c)(xi),
9904(4)(c)(xi)(A), 9904(4)(c)(xi)(B), 9904(4)(c)(xi)(C), 9904(4)(d), 9904(4)(e); 082(4);
045(1); 9905; 140(2)(a) IBR; 045(1).
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TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM—Continued
Checklist 1
Federal Register
Federal requirements
Analogous State authority
(WAC 173–303–* * *)
070(7)(c)(vi), 070(7)(c)(vii); 170(7), 170(7)(a), 170(7)(b); 235, 235(1), 235(1)(a), 235(1)(b),
235(1)(c), 235(1)(d), 235(1)(e), 235(1)(f), 235(1)(g), 235(1)(h), 235(1)(i), 235(1)(j) and (k),
235(1)(l), 235(1)(m), 235(1)(n), 235(2), 235(2)(a), 235(2)(b); 225(3), 225(3)(a), 225(3)(b);
235(4), 235(4)(a), 235(4)(b), 235(4)(b)(i), 235(4)(b)(ii), 235(4)(b)(iii), 235(4)(b)(iv),
235(4)(b)(v), 235(4)(b)(vi), 235(4)(b)(vii), 235(4)(b)(viii), 235(4)(b)(ix), 235(4)(b)(x),
235(4)(b)(xi), 235(4)(c), 235(4)(d), 235(4)(e), 235(5)(a), 235(5)(b), 235(5)(b)(i),
235(5)(b)(ii), 235(5)(b)(iii), 235(5)(b)(iv), 235(5)(b)(v), 235(5)(b)(vi), 235(5)(b)(vii),
235(5)(b)(viii), 235(5)(b)(ix), 235(5)(b)(x), 235(5)(b)(xi), 235(5)(c), 235(6), 235(6), 235(7),
235(7), 235(7)(a), 235(7)(a)(i), 235(7)(a)(i)(A), 235(7)(a)(i)(C), 235(7)(a)(i)(B),
235(7)(a)(i)(C)(I), 235(7)(a)(i)(C)(II), 235(7)(a)(ii), 235(7)(a)(ii), 235(7)(a)(ii)(A),
235(7)(a)(ii)(B), 235(7)(a)(ii)(C), 235(7)(b), 235(7)(b)(i), 235(7)(b)(ii), 235(7)(b)(iii),
235(7)(b)(iii)(A), 235(7)(b)(iii)(B), 235(7)(b)(iii)(C), 235(7)(b)(iii)(C)(I), 235(7)(b)(iii)(C)(II),
235(8), 235(8), 235(8)(a), 235(8)(b), 235(8)(b)(i), 235(8)(b)(ii), 235(8)(b)(iii), 235(8)(b)(iv),
235(8)(b)(v), 235(8)(c), 235(8)(c)(i), 235(8)(c)(ii), 235(8)(c)(iii), 235(8)(c)(iv), 235(8)(d),
235(8)(d)(i), 235(8)(d)(ii), 235(9), 235(9)(a), 235(9)(a)(i), 235(9)(a)(ii), 235(9)(b),
235(9)(c), 235(9)(d), 235(9)(d)(i), 235(9)(d)(i)(A), 235(9)(d)(i)(B), 235(9)(d)(ii),
235(9)(d)(ii)(A), 235(9)(d)(ii)(B), 235(10), 235(10)(a), 235(10)(a)(i), 235(10)(a)(ii),
235(10)(a)(iii), 235(10)(b), 235(11), 235(11), 235(11)(a), 235(11)(b), 235(11)(b)(i),
235(11)(b)(ii), 235(11)(b)(iii), 235(11)(c), 235(11)(d), 235(11)(d)(i), 235(11)(d)(ii),
235(11)(e), 235(12), 235(12), 235(12)(a), 235(12)(b), 235(12)(c) except for ‘‘WAC 173–
303–200(1)(b)(i)’’ citation, 235(12)(d), 235(12)(e), 235(12)(e)(i), 235(12)(e)(ii),
235(12)(e)(iii), 235(12)(e)(iv), 235(13), 235(13), 235(13)(a), 235(13)(b), 235(13)(c),
235(13)(d), 235(13)(e), 235(13)(e)(i), 235(13)(e)(ii), 235(13)(e)(iii), 235(13)(e)(iv),
235(14), 235(14)(a), 235(14)(a)(i), 235(14)(a)(ii), 235(14)(a)(iii) except for the phrase ‘‘,
more than 2.2 pounds of WT01 EHW’’, 235(14)(a)(iv), 235(14)(b), 235(14)(b)(i),
235(14)(b)(ii), 235(15), 235(15)(a), 235(15)(a)(i), 235(15)(a)(i)(A), 235(15)(a)(i)(B),
235(15)(a)(ii), 235(15)(b), 235(15)(b)(i), 235(15)(b)(ii), 235(15)(b)(iii), 235(15)(b)(iv),
235(15)(b)(iv)(A), 235(15)(b)(iv)(B), 235(15)(b)(iv)(B)(I), 235(15)(b)(iv)(B)(II),
235(15)(b)(v), 235(15)(b)(vi), 235(15)(b)(vi)(A), 235(15)(b)(vi)(B), 235(15)(b)(vii),
235(15)(b)(vii)(A), 235(15)(b)(vii)(B), 235(15)(b)(vii)(C), 235(15)(b)(vii)(D), 235(15)(c),
235(15)(d), 235(16), 235(16)(a), 235(16)(b), 235(17), 235(17)(a), 235(17)(b).
170(6); 230(1) IBR; 045(1); 240(11); 290(1)(b); 370(3), 370(7); 290(1)(b); 370(3), 370(7);
520(1)(a) and (b).
220 2 ...........
Academic Laboratories
Generator Standards.
73 FR 72912, 12/1/2008 ...
222 .............
OECD Requirements; Export Shipments of Spent
Lead-Acid Batteries.
Hazardous Waste Technical Corrections and
Clarifications.
75 FR 1236, 1/8/2010 .......
Academic Laboratories
Generator Standards
Technical Corrections.
Revision of the Land Disposal Treatment Standards for Carbamate
Wastes.
Hazardous Waste Technical Corrections and
Clarifications Rule.
75 FR 79304, 12/20/2010
040 ‘‘New TSD facility’’ definition; 040 ‘‘Processed scrap metal’’ definition; 016 Table 1;
070(8)(a)(iii); 120(3), 120(3)(d); 090(7)(a)(viii); 9904; 9903; 082(4) IBR; 045(1); 180(3)(f),
180(3)(f)(i), 180(3)(f)(i)(A), 180(3)(f)(i)(B), 180(3)(f)(ii), 180(3)(f)(iii), 180(3)(f)(iv);
200(1)(b)(iv)(B), 200(1)(f), 200(1)(g) , 200(2)(a), 200(2)(b); 220(2)(e), 220(2)(e)(i),
220(2)(e)(ii)
220(2)(e)(ii) Note; 230(2); 350(2); 370(5)(e)(vi), 370(5)(f)(i), 370(5)(f)(vii), 370(5)(f)(viii);
350(2); 360(2)(d)(ii); 370(5)(e)(vi), 370(5)(f)(i), 370(5)(f)(vii), 370(5)(f)(viii); 400(3)(a) IBR
and 045(1); 505(1)(b)(i); 140(2)(a) IBR; 045(1); 810(8)(b).
235(1), 235(1)(b), 235(7)(b)(iii)(A), 235(13)(e)(i), 235(15)(a)(i), 235(15)(b)(i).
76 FR 34147, 6/13/2011 ...
140(2)(a) IBR; 045(1).
77 FR 22229, 4/13/2012 ...
9904; 505(1)(b)(i).
223 2 ...........
226 2 ...........
227 .............
228 2 ...........
75 FR 12989, 1/18/2010 ...
1 The Checklist is a document that addresses the specific changes made to the Federal regulations by one or more related final rules published in the Federal
Register. The EPA develops these checklists as tools to assist states in developing their authorization application and in documenting specific state regulations analogous to the Federal regulations. For more information, see the EPA’s RCRA State Authorization website at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra#about.
2 State rule contains more stringent provisions. For identification of the more stringent State provisions refer to the authorization revision application’s Attorney General Statement and Checklists found in the docket for this final authorization. Some of the more stringent state provisions are discussed in Section G of this
authorization.
TABLE 2—STATE INITIATED CHANGES
State Citation WAC 173–303–. . .
Reason for change
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040 ..........................................................
040 ..........................................................
040 ..........................................................
040 ..........................................................
045(1) ......................................................
070(1)(b) .................................................
072(1)(b) .................................................
110(3)(a) .................................................
110(3)(c), 110(7) .....................................
110(3)(g)(ix), 110(3)(h)(i), 110(3)(h)(vii)
170(3) ......................................................
180(3)(c) ..................................................
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Analogous Federal 40 CFR citation
‘‘Enforceable document’’ definition internal citations corrected: WAC 173–303–
610(1)(e); WAC 173–303–620(1)(d).
‘‘Facility’’ definition internal citation corrected: RCW 70.105D.020(8) ...................
‘‘Performance track member facility’’ obsolete definition deleted ..........................
‘‘Release’’ definition internal citation corrected: RCW 70.105D.020(32) ...............
Date of incorporation by reference updated ...........................................................
Language revised for equivalence with Federal rule .............................................
Internal citation corrected: ‘‘described in subsections (3) and (4) of this section.’’
SW–846 reference information updated .................................................................
Updated Chemical Test Methods guidance and publication date ..........................
References to industry standards and codes updated ..........................................
Clarification that final facility standards are found in WAC 173–303–600 .............
Redundant manifest instructions deleted (Previous(d), (e) and (f) are renumbered to (c), (d) and (e)).
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270.1(c)(7).
260.10.
260.10.
280.12 related.
No direct analog.
262.11.
260.20.
260.11(c).
Related to 260.11 and 40 CFR appendix IX.
260.11(d) and (e).
264.1(g)(3) related.
262.23 related.
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TABLE 2—STATE INITIATED CHANGES—Continued
State Citation WAC 173–303–. . .
Reason for change
Analogous Federal 40 CFR citation
200(1)(b)(iv) ............................................
Requirement for independent qualified registered professional engineer (IQRPE)
200(1)(b)(iv)(B) ........................................
Second sentence of this citation was relocated to new 200(1)(g) to clarify applicability to all generators.
‘‘Per waste stream’’ deleted for equivalence with Federal rule ..............................
Reminder added that facilities use an IQRPE to certify containment building design.
Requirements for National Environmental Performance Track Program deleted
(Previous (6) is renumbered to (5)).
Editing correction ....................................................................................................
200(2)(b), 200(3)(c) .................................
200(4)(a)(iv)(A)(III) ..................................
200(5) ......................................................
240(6) ......................................................
330(1)(d) .................................................
370(1) ......................................................
380(1)(r) ..................................................
400(3)(c)(ii)(G) ........................................
400(3)(c)(xxii)(B) .....................................
400(3)(c)(xxii)(B) .....................................
573(9)(b)(ii)(A) .........................................
573(19)(b)(iv) and (v) ..............................
600(1) ......................................................
600(2) ......................................................
610(4)(c) ..................................................
610(3)(a)(ix), 610(3)(b)(ii)(D),
610(8)(d)(ii)(D).
610(12)(f) ................................................
620(1)(d)(i) ..............................................
620(3)(a)(ii), 620(6)(a), 620(9)(a) ...........
620(3)(a)(ii), 620(5)(a) ............................
620(3)(a)(v), 620(4)(g), 620(6)(c) ...........
620(4)(a)(vi), 620(4)(d)(iv), 620(6)(a)(vi)
620(4)(d)(iv), 620(6)(a)(vi), 620(8)(a)(iv)
620(4)(d)(v), 620(6)(a)(vii) ......................
620(8)(a)(i) ..............................................
630(7)(d) .................................................
640(2)(c)(v)(B) Note 640(4)(i)(iii) Note
640(9)(b).
645(1)(e) .................................................
Editing correction; The second sentence of previous (c)(ii) is changed to (d),
and (d) renumbered to (e).
‘‘Owners and operators’’ clarified to mean the phrase applies only to permitted
facilities and dangerous waste recyclers.
New sub-section: Certificates of major tank system repair added for equivalence
with Federal rule.
Enforceable documents in lieu of a post closure permit adopted ..........................
Reference to Performance Track member facilities deleted ..................................
Rule is modified to add IQRPE requirement ..........................................................
Corrected for equivalence with Federal rule ..........................................................
References to thermostat universal waste are removed, including in the example calculation.
Edit to clarify which rules are the final facility standards .......................................
Clarification on what types of facilities can accept dangerous waste from off-site
sources.
Internal citations corrected for equivalence with Federal rule ................................
Internal citation corrected .......................................................................................
Editing correction ....................................................................................................
Internal citation corrected .......................................................................................
Revise wording to be gender neutral .....................................................................
Clarify that financial assurance cost estimates are performed by a third party .....
Clarify that net present value adjustments are not allowed ...................................
Clarify that financial test and the corporate guarantee are two separate but related options.
Minimum tangible net worth raised to $25 million ..................................................
‘‘Agreed upon Procedures’’ report can be used in place of a ‘‘Negative Assurance’’ report.
Minimum financial assurance liability amounts increased. (Previous (i), (ii) and
(iii) are renumbered to (ii), (iii) and (iv)).
Clarify that rule applies to TSD owners and operators, not generators ................
References to industry standards and codes updated ..........................................
64620(5) ..................................................
New rules for corrective action financial assurance ...............................................
64690 ......................................................
Facilities must use an IQRPE for staging pile design ............................................
650(4)(c) ..................................................
Facilities must use an IQRPE to certify dike integrity ............................................
650(5)(d)(ii)(B) .........................................
Facilities must use an IQRPE for impoundment design ........................................
650(6)(b)(ii) .............................................
665(2)(a)(i) ..............................................
Internal citation corrected .......................................................................................
Facilities must use an IQRPE to certify report on basis for landfill liner selection
800(2), 800(12), 806(4)(a), 806(4)(o) .....
Rules for enforceable documents in lieu of a post closure permit .........................
806(4)(d)(v) .............................................
Facilities must use an IQRPE for certifying dike integrity ......................................
806(4)(e)(iii)(A)(I) ....................................
Reference to IQRPE requirement to certify waste pile liner selection ...................
806(4)(h)(ii)(A)(I) .....................................
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645(8)(c) ..................................................
Rule for enforceable documents in lieu of a post closure permit (previous (e) became (f)).
Clarify rule applicability ...........................................................................................
Reference to IQRPE requirement to certify landfill liner selection .........................
806(4)(j)(iv)(C), 806(4)(k)(v)(C) ...............
The word ‘‘design’’ is deleted after ‘‘basic control device’’ for equivalence with
Federal rule.
New facilities added to list of those able to burn hazardous waste .......................
New Boiler and Industrial Furnace (BIF) facility types added to list ......................
New entry for ‘‘Burden Reduction’’ added ..............................................................
806(4)(n) .................................................
811 ..........................................................
830 Appendix I Permit modifications
table.
830 Appendix I(F)(1)(c), (F)(4)(a),
(G)(1)(e), (G)(5)(c), (H)(5)(C).
841 ..........................................................
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262.34(a)(1)(iv)—more stringent State
requirement.
262.34(a)(1)(iv)(B).
262.34(c).
262.34(g)(4)(i)(C)—more stringent State
requirement.
262.34(j), (k) and (l).
263.12 related—more stringent State
requirement.
264.16(b).
264.70(a).
264.73(b)(19).
265.110(c), 265.118(c)(4) and 265.121.
265.1101(c)(4).
265.1101(c)(3)(iii)—more stringent State
requirement.
273.13(c)(2)(i).
273.32(b)(4) and (5)—more stringent
State requirement.
264.1(a).
264.1(b).
264.113(c).
264.112(b)(8), 264.112(c)(2)(iv), and
264.118(d)(2)(iv).
No direct analog.
264.140(d)(1).
264.142(a)(2), 264.145, and 264.148(a).
264.142(a)(2) and 264.144(a)(1).
262.142(a), 264.142(a), and 264.144(a).
264.143(f), 264.143(f), and 264.145(f).
264.143(f)—more stringent State requirement. 264.145(f)—more stringent
State requirement. 264.147(f)—more
stringent State requirement.
264.143(f)(3)(iii) and 264.143(f)(3)(iii).
264.147(a) and 264.147(b)—more stringent State requirements.
264.175(d)—more stringent State requirement.
264.191(b)(5)(ii) Note and 264.193(i)(3)
Note.
264.90(e).
264.97(c)—more stringent State requirement.
264.101 related—more stringent State
requirement.
264.554 IBR, 045(1)—more stringent
State requirement.
254.226(c)—more stringent State requirement.
254.227(d)(2)(ii)—more stringent State
requirement.
264.228(b)(2).
264.301(a)(1)—more stringent State requirement.
270.1(c) intro, 270.1(c)(7), 270.14(a),
and 270.28.
270.17(d)—more stringent State requirement.
270.18(c)(1)(i)—more stringent State requirement.
270.21(b)(1)(i)—more stringent State requirement.
270.24(d)(3) and 270.25(e)(3).
Note added acknowledging non-existent RCRA section ........................................
270.22 intro.
270.66 IBR 045(1).
270.42 Appendix I—more stringent
State requirement.
270.42 Appendix I.
New Boiler and Industrial Furnace (BIF) facility types added to list ......................
270.235(a)(1) intro IBR 045(1).
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10387
TABLE 2—STATE INITIATED CHANGES—Continued
State Citation WAC 173–303–. . .
Reason for change
9903 ........................................................
9904(1) K181 ..........................................
9904 K181 entry, 9904(1) K181(iv),
9904(4)(b), 9904(4)(c), 9904(4)(c)(i)
and (ii).
9904 K069 ...............................................
Administrative stay note added ..............................................................................
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G. Where are the revised State rules
different from the Federal rules?
Under RCRA Section 3009, the 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 the
EPA.
This Section does not discuss all the
program differences, because in most
instances Washington writes its own
version of the Federal hazardous waste
rules. Persons must consult Tables 1
and 2 in Section F for the specific State
regulations that the EPA is authorizing.
This Section discusses rules of
particular interest where the EPA has
found the State program is more
stringent and will be authorized. Table
2 above indicates all the rules that the
EPA determined to be more stringent
than the Federal rules. The Section
below also discusses an example of a
rule 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. The EPA does not delegate
import and export functions. Under
RCRA regulations found in 40 CFR part
262, the EPA will continue to
implement requirements for import and
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Analogous Federal 40 CFR citation
Numerical P list .......................................................................................................
• P108 CAS number corrected (2 entries).
• P114 Tetraethydithiopyrophosphate is replaced with Thallium(I) selinite.
• P115 Thiodiphosphoric acid, tetraethyl ester is replaced with Sulfuric
acid, dithallium(1+) salt.
• P115 Plumbane, tetraethyl is replaced with Thallium(I) sulfate.
• P116 Tetraethyl lead is replaced with Hydrazinecarbothioamide.
• Correct errors with waste codes, CAS numbers and chemical names.
• P128 Mexacarbate CAS number corrected.
Alphabetical U list.
• U202 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts deleted.*
• U202 Saccharin, & salts deleted.*
• U227 waste code for 1,1,1-Trichloroethane is replaced with U226.
Numerical U list.
• U202 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts deleted.*
• U202 Saccharin, & salts deleted.*
* These entries were deleted as part of State adoption of the December 17,
2010 (75 FR 78918) EPA rule removing saccharin from the discarded chemicals list. Although these changes are not State-initiated, they are listed here
because an EPA checklist was not available.
K181 listing code codified .......................................................................................
Four internal citations corrected .............................................................................
Jkt 244001
export functions. However, the State
rules (WAC 173–303–230) reference the
EPA’s import and export requirements,
and the State has amended these
references to include those changes
promulgated in the Federal Rule on
Corrections to Errors in the Code of
Federal Regulations (71 FR 40254, July,
7, 2006). Additional information
regarding the EPA’s analysis concerning
the State’s rules that are more stringent
and/or broader in scope than the
Federal rules can be found in the
docket.
1. More Stringent
States are allowed to seek
authorization for state requirements that
are more stringent than Federal
requirements. The EPA has authority to
authorize and enforce those parts of a
state’s program the EPA finds to be more
stringent than the Federal program. This
Section does not discuss each more
stringent finding made by the EPA, but
persons can locate such findings by
consulting Table 1 in Section F and by
reviewing the docket for these rules.
This action authorizes the State program
for each more stringent requirement.
a. Satellite Accumulation—On
December 20, 1984 (49 FR 49568), the
Federal Satellite Accumulation rule was
promulgated. The State adopted a
satellite accumulation rule in 1986 and
adopted a revised rule on December 8,
1993. On December 18, 2014, the State
adopted another revision to WAC 173–
303–200(2) with all instances of ‘‘per
waste stream’’ removed for consistency
with the Federal rule at 40 CFR
262.34(c). The State rule has an
additional provision for satellite
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261.33.
261.32(a) K181.
261.32(a) K181, 261.32(d)(2),
261.32(d)(3), and 261.32(d)(3)(i) and
(ii).
261.32 K069.
accumulation requirements whereby the
State can require additional
management requirements on a case-bycase basis, which renders the State rule
more stringent than the Federal rule.
Additional details regarding the State’s
adoption of the revised satellite
accumulation rule are available in the
docket.
b. Academic Laboratory Generator
Standards—The State’s Academic
Laboratories Generator Standards
contain more stringent requirements
than the corresponding Federal rules (73
FR 72912, December 1, 2008).
i. WAC 173–303–235(4)(a), (4)(b)(ii),
(5)(a), and (5)(b)(ii), are more stringent
because the State requires small
quantity generators to obtain EPA/state
identification numbers, whereas the
Federal rules at 40 CFR 262.203(a) and
(b)(2) and 40 CFR 262.204(a) and (b)(2)
exempt the comparable Conditionally
Exempt Small Quantity Generators
(CESQGs).
ii. WAC 173–303–235(4)(b) and (5)(b)
are more stringent than 40 CFR
262.203(b) and 262.204(b) introductory
paragraphs due to the State requirement
for small quantity generators to
complete the entire Washington State
Dangerous Waste Site Identification
form, whereas the Federal rules exempt
CESQGs from filling in a site
identification number.
iii. WAC 173–303–235(7)(a)(i),
235(9)(d)(i)(A) and 235(9)(d)(ii)(A)
require accumulation start dates and full
container dates to be attached to the
containers rather than, at a minimum,
be associated with them as required by
40 CFR 262.206(a)(1) and
262.208(d)(1)(i).
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iv. WAC 173–303–235(14)(a)(iv)
requires eligible academic entities to
maintain records for five years after
laboratory cleanouts rather than three
years as required in 40 CFR
262.213(a)(4).
On December 12, 2010 (75 FR 79304),
the Federal Academic Laboratories
Generator Standards Technical
Corrections rules were promulgated.
The State’s rules at WAC 173–303–
235(15)(a)(i) and (b)(i) are more
stringent than the Federal rules because
they require the accumulation date to
appear on the container label, whereas
the Federal rules at 40 CFR
262.214(a)(1) and (b)(1) allow the
information to be associated with, but
not necessarily placed on, the container.
Additional details regarding the more
stringent State provisions associated
with the State’s adoption of the Federal
Academic Laboratories Generator
Standards are available in the docket.
c. Characteristic of Reactivity—On
January 31, 1986 (51 FR 3782), the State
received authorization for its dangerous
waste identification rules including
WAC 173–303–090(7) Characteristic of
reactivity. On January 18, 2010 (75 FR
12989), the Federal rule at 40 CFR
261.23(a)(8) was revised to update the
forbidden explosives regulation under
40 CFR 261.23 Characteristic of
reactivity. The State revised the
corresponding WAC 173–303–
090(7)(a)(viii), but included Division 1.5
explosives (refer to the US Department
of Transportation Hazardous Materials
Class 1 explosives chart) not included in
the Federal rule. As a result, the State’s
rule is more stringent than the Federal
rule. Additional details regarding the
more stringent State provisions
associated with forbidden explosives
under the characteristic of reactivity
rule are available in the docket.
d. Exception Reporting—On January
18, 2010 (75 FR 12989), the Federal
Hazardous Waste Technical Corrections
and Clarifications rules were
promulgated. Under 40 CFR
262.42(c)(2), the 35/45/60 day
timeframes for exception reporting
begin the date the waste was accepted
by the initial transporter forwarding the
hazardous waste from the designated
facility to the alternate facility. The
State rule at WAC 173–303–220(2)(e)(ii)
is more stringent because it does not
have a 60-day window for Medium
Quantity Generators (equivalent to
Federal Small Quantity Generators) to
submit exception reports to the
Washington State Department of
Ecology. Additional details regarding
the more stringent State provisions
associated with Exception reports are
available in the docket.
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Jkt 244001
e. Independent Qualified Registered
Professional Engineers—On December
18, 2014, the State adopted rule changes
to require Independent Qualified
Registered Professional Engineers
(IQRPEs) to certify certain activities.
The revised State rules at WAC 173–
303–200(1)(b)(iv), 200(4)(a)(iv)(A)(III),
400(3)(c)(xxii)(B), 64690, 650(4)(c),
650(5)(d)(ii)(B), 665(2)(a)(i), 806(4)(d)(v),
806(4)(e)(iii)(A)(I), and 806(4)(h)(ii)(A)(I)
are more stringent than corresponding
Federal rules at 40 CFR 262.34(a)(1)(iv)
and (g)(4)(i)(C), 265.1101(c)(3)(iii),
264.554 (IBR, 045(1)), 264.226(c),
264.227(d)(2)(ii), 264.301(a)(1),
270.17(d), 270.18(c)(1)(i), and
270.21(b)(1)(i). Additional details
regarding the more stringent State
provisions associated with IQRPE
requirements are available in the docket.
2. Broader in Scope
The State has added a time limit for
special wastes that are stored at transfer
stations under WAC 173–303–
073(2)(e)(v). The Federal rules do not
regulate these special wastes which are
State-only wastes and defined at WAC
173–303–040; therefore, the regulation
of these wastes is broader in scope than
the Federal rules. As noted above,
broader in scope rules are not
authorized by the EPA.
H. Who issues permits once the
authorization takes effect?
Washington will continue to issue
permits for all the provisions for which
it is authorized and will administer the
permits it issues. Permits issued by the
EPA prior to authorizing Washington for
these revisions will continue in force
until the effective date of the State’s
issuance or denial of a State hazardous
waste management permit, at which
time, the EPA will modify the existing
EPA permit to expire at an earlier date,
terminate the existing EPA permit, or
allow the existing EPA permit to
otherwise expire by its terms, except for
those facilities located in Indian
Country. The EPA will not issue new
permits or new portions of permits for
provisions for which Washington is
authorized after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Washington is
not yet authorized.
I. What is codification and is the EPA
codifying Washington’s hazardous
waste program as authorized in this
authorization?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
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of Federal Regulations. This is done by
referencing the authorized State rules in
40 CFR part 272. The EPA is reserving
the amendment of 40 CFR part 272,
subpart WW, for this authorization of
Washington’s program revisions until a
later date.
J. How does this action affect Indian
Country (18 U.S.C. 1151) in
Washington?
The EPA’s decision to authorize the
Washington hazardous waste
management 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. The EPA retains
jurisdiction over ‘‘Indian Country’’.
Effective October 22, 1998 (63 FR 50531,
September 22, 1998) the State of
Washington was authorized to
implement the State’s federallyauthorized hazardous waste
management 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. The EPA
retains its authority to implement RCRA
on trust lands and over Indians and
Indian activities within the 1873 Survey
Area.
K. Statutory and Executive Order
Reviews
This final authorization revises the
State of Washington’s authorized
hazardous waste management program
pursuant to Section 3006 of RCRA and
imposes no requirements other than
those currently imposed by State law.
This authorization complies with
applicable executive orders and
statutory provisions as follows:
1. Executive Order 12866
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), Federal
agencies must determine whether the
regulatory action is ‘‘significant’’, and
therefore subject to OMB review and the
requirements of the E.O. The E.O.
defines ‘‘significant regulatory action’’
as one that is likely to result in a rule
that may: (1) Have an annual effect on
the economy of $100 million or more, or
adversely affect in a material way, the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities; (2) create a serious
inconsistency or otherwise interfere
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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 E.O. The EPA has
determined that this final authorization
is not a ‘‘significant regulatory action’’
under the terms of E.O. 12866 and is
therefore not subject to OMB review.
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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 authorization 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 the EPA’s regulations in
title 40 of the CFR are listed in 40 CFR
part 9.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
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
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governmental jurisdictions. For
purposes of assessing the impacts of this
authorization on small entities, small
entity is defined as: (1) A small business
defined by the Small Business
Administration’s size regulations at 13
CFR part 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. I certify that this
final authorization will not have a
significant economic impact on a
substantial number of small entities
because the final authorization will only
have the effect of authorizing preexisting requirements under State law
and imposes no additional requirements
beyond those imposed by State law.
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,
the EPA generally must prepare a
written statement, including a costbenefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, Section 205
of the UMRA generally requires the 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 the EPA to adopt an alternative
other than the least costly, most costeffective, or least burdensome
alternative if the Administrator
publishes with the rule an explanation
why the alternative was not adopted.
Before the 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 the EPA regulatory
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10389
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements. This final
authorization 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, the EPA has also determined
that this final authorization contains no
regulatory requirements that might
significantly or uniquely affect small
government entities. Thus, this final
authorization is not subject to the
requirements of Sections 202 and 203 of
the UMRA.
5. Executive Order 13132: Federalism
This final authorization 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 E.O. 13132
(64 FR 43255, August 10, 1999). This
document authorizes pre-existing State
rules. Thus, E.O. 13132 does not apply
to this final authorization. In the spirit
of E.O. 13132, and consistent with the
EPA policy to promote communications
between the EPA and state and local
governments, the EPA specifically
solicited comment on this authorization
from State and local officials.
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (59 FR
22951, November 9, 2000), requires the
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final authorization
does not have tribal implications, as
specified in E.O. 13175 because the EPA
retains its authority over Indian
Country. Thus, E.O. 13175 does not
apply to this final authorization. The
EPA specifically solicited comment on
this authorization from tribal officials.
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
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under Section 5–501 of the E.O. has the
potential to influence the regulation.
This action is not subject to E.O. 13045
because it approves a state program.
because this document authorizes preexisting State rules which are equivalent
to and no less stringent than existing
Federal requirements.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final authorization is not subject
to Executive Order 13211, ‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a ‘‘significant
regulatory action’’ as defined under E.O.
12866, as discussed in detail above.
11. The Congressional Review Act, 5
U.S.C. 801–808
The Congressional Review Act, 5
U.S.C. 801–808, 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 document 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 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).
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9. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), (Pub. L. 104–
113, 12(d)) (15 U.S.C. 272), directs the
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 the EPA to provide
Congress, through OMB, explanations
when the Federal agency decides not to
use available and applicable voluntary
consensus standards. This authorization
does not involve technical standards.
Therefore, the 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
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA has determined that this final
authorization will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations.
This final authorization does not affect
the level of protection provided to
human health or the environment
VerDate Sep<11>2014
15:43 Mar 08, 2018
Jkt 244001
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians—lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This final action is issued
under the authority of Sections 1006, 2002(a),
and 3006 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6905, 6912(a), and 6926.
Dated: February 20, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–04702 Filed 3–8–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 180206132–8132–01]
RIN 0648–BH53
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The Assistant Administrator
for Fisheries, National Oceanic and
Atmospheric Administration (NOAA),
on behalf of the International Pacific
SUMMARY:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
Halibut Commission (IPHC), publishes
as regulations the 2018 annual
management measures governing the
Pacific halibut fishery that have been
recommended by the IPHC and accepted
by the Secretary of State. This action is
intended to enhance the conservation of
Pacific halibut and further the goals and
objectives of the Pacific Fishery
Management Council (PFMC) and the
North Pacific Fishery Management
Council (NPFMC or Council).
DATES: The IPHC’s 2018 annual
management measures are valid March
8, 2018. The 2018 management
measures are valid until superseded.
ADDRESSES: Additional requests for
information regarding this action may
be obtained by contacting the
International Pacific Halibut
Commission, 2320 W. Commodore Way,
Suite 300, Seattle, WA 98199–1287; or
Sustainable Fisheries Division, NMFS
Alaska Region, P.O. Box 21668, Juneau,
AK 99802, Attn: Ellen Sebastian,
Records Officer; or Sustainable Fisheries
Division, NMFS West Coast Region,
7600 Sand Point Way NE, Seattle, WA
98115. This final rule also is accessible
via the internet at the Federal
eRulemaking portal at https://
www.regulations.gov, identified by
docket number NOAA–NMFS–2017–
0157.
FOR FURTHER INFORMATION CONTACT: For
waters off Alaska, Kurt Iverson, 907–
586–7210; or, for waters off the U.S.
West Coast, Kathryn Blair, 206–526–
6140.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has recommended
regulations that would govern the
Pacific halibut fishery in 2018, pursuant
to the Convention between Canada and
the United States of America (U.S.) for
the Preservation of the Halibut Fishery
of the North Pacific Ocean and Bering
Sea (Convention), signed at Ottawa,
Ontario, on March 2, 1953, as amended
by a Protocol Amending the Convention
(signed at Washington, DC, on March
29, 1979).
As provided by the Northern Pacific
Halibut Act of 1982 (Halibut Act) at 16
U.S.C. 773b, the Secretary of State, with
the concurrence of the Secretary of
Commerce, may accept or reject, on
behalf of the United States, regulations
recommended by the IPHC in
accordance with the Convention
(Halibut Act, Sections 773–773k). The
Secretary of State, with the concurrence
of the Secretary of Commerce, accepted
the 2018 IPHC regulations as provided
by the Halibut Act at 16 U.S.C. 773–
773k.
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10383-10390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04702]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R10-RCRA-2017-0285; FRL-9974-35-Region 10]
Washington: Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final authorization.
-----------------------------------------------------------------------
SUMMARY: Washington applied to the Environmental Protection Agency
(EPA) for final authorization of certain changes to its hazardous waste
program under the Resource Conservation and Recovery Act, as amended,
(RCRA). The EPA reviewed Washington's application, and has determined
that these changes satisfy all requirements needed to qualify for final
authorization. The EPA sought public comment under Docket number EPA-
R10-RCRA-2017-0285 from July 13, 2017 to August 14, 2017 and from
September 25, 2017 to October 25, 2017, prior to taking this final
action to authorize these changes. The EPA received one comment which
was responded to but was not applicable to this authorization action.
DATES: This final authorization is effective April 9, 2018.
FOR FURTHER INFORMATION CONTACT: Barbara McCullough, U.S. Environmental
Protection Agency, Region 10, Office of Air and Waste (OAW-150), 1200
Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: (206)
553-2416, email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from the 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 the 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 the EPA's regulations in title 40 of the Code of
Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273,
and 279.
Washington State's hazardous waste management program was initially
approved on January 30, 1986 and became effective on January 31, 1986.
As explained in Section E below, it has been revised and reauthorized
numerous times since then. On January 26, 2017, the EPA received the
State's most recent authorization revision application. This
authorization revision application requested federal authorization for
Washington's Rules and Standards for Hazardous Waste, effective as of
December 31, 2014, and sought to revise its federally-authorized
hazardous waste management program to include Federal hazardous waste
regulations promulgated through July 1, 2013.
B. What decisions has the EPA made in this authorization?
The EPA has reviewed Washington's application to revise its
authorized program and has determined that it meets all the statutory
and regulatory requirements established by RCRA. Therefore, the EPA is
granting Washington final authorization to operate its hazardous waste
program with the changes described in the authorization revision
application. Washington will continue to have responsibility for
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within
its borders (except in Indian country (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 (see Section J
below for full description) and for carrying out the aspects of the
RCRA program described in its revised program application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates under the authority of HSWA, and
which are not less stringent than existing requirements, take effect in
authorized states before the states are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Washington, including issuing permits, until the State
is granted authorization to do so.
C. What is the effect of this authorization decision?
A person in Washington subject to RCRA must comply with the
authorized State requirements in lieu of the corresponding Federal
requirements. Additionally, such persons will have to comply with any
applicable Federal requirements, such as HSWA regulations issued by the
EPA for which the State has not received authorization and RCRA
requirements that are not supplanted by authorized State-issued
requirements. Washington continues to have enforcement responsibilities
under its State hazardous waste management program for violations of
this program, but the EPA retains its authority under
[[Page 10384]]
RCRA Sections 3007, 3008, 3013, and 7003, which includes, among others,
the authority to:
Conduct inspections;
Require monitoring, tests, analyses, or reports;
Suspend, terminate, modify, or revoke permits;
Abate conditions that may present an imminent and
substantial endangerment to human health and the environment; and
Enforce RCRA requirements and take enforcement actions
regardless of whether the State has taken its own actions.
The action to approve these revisions will not impose additional
requirements on the regulated community because the regulations for
which Washington has requested federal authorization are already
effective under State law and are not changed by the act of
authorization.
D. What were the comments received on this authorization action?
The EPA received one comment during the public comment periods of
this action. That commenter requested the regulations not be authorized
as they add State administrative burden to a CERCLA site. However, the
authorization of these regulations do not impact the State's authority
to implement its rules. This authorization action allows the EPA to
implement the State of Washington's rules which were adopted on
December 31, 2014. This comment should have been addressed to the State
prior to the adoption of their rule package. No such comment was
received. The concern raised in this comment was referred to the State
to be addressed. For a copy of the specific comment received, please
see Docket number EPA-R10-RCRA-2017-0285 under ``Comment1'' at
www.regulations.gov.
E. 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
hazardous waste management program. The 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); April 14, 2006, effective June
13, 2006 (71 FR 19442); October 30, 2006 effective December 29, 2006
(71 FR 63253) and June 18, 2010 effective July 28, 2010 (75 FR 44144).
F. What changes is the EPA authorizing with this action?
The EPA is authorizing revisions to Washington's authorized program
described in Washington's official program revision application,
submitted to the EPA on January 26, 2017 and deemed complete by the EPA
on February 23, 2017. The EPA has determined that Washington's
hazardous waste management program revisions as described in the
January 23, 2017 State's authorization revision application satisfy the
requirements necessary to qualify 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 management program, as amended by these
provisions, remains equivalent to, consistent with, and is no less
stringent than the Federal RCRA program. Therefore, the EPA is
authorizing the State for the following program changes as identified
in Table 1 and Table 2 below.
The provisions listed in Table 1 and Table 2 are from the
Washington Administrative Code (WAC) and are analogous to the RCRA
regulations as indicated in the Tables. The RCRA regulations that the
State incorporated by reference are those as published in 40 CFR parts
260 through 265, 268, 270, and 279, as of July 1, 2013, unless
otherwise noted. Table 1 identifies new State rules that the EPA is
authorizing as equivalent or more stringent than the Federal program.
Table 2 identifies State-initiated changes to previously authorized
State provisions. (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 regulations.) The
referenced analogous State authorities were State adopted and effective
as of December 31, 2014.
Table 1--Equivalent and More Stringent Analogues to the Federal Program
------------------------------------------------------------------------
Analogous State
Checklist \1\ Federal Federal Register authority (WAC 173-
requirements 303-* * *)
------------------------------------------------------------------------
12 \2\........ Satellite 49 FR 49568, 12/ 200(2).
Accumulation. 20/1984.
174........... Post-Closure 63 FR 56710, 10/ 645(1)(e); 800(12);
Permit 22/1998. 610(3)(a)(ix);
Requirement and 620(1)(d)(i);
Closure Process. 610(3)(b)(ii)(D);
610(8)(d)(ii)(D);
045(1); 400(3)(a);
IBR 045(1); 800(2);
806(4)(a);
806(4)(o).
206........... Nonwastewaters 70 FR 9138, 2/24/ 071(3)(kk),
from Dyes and 2005. 071(3)(kk)(i),
Pigments. 071(3)(kk)(ii),
071(3)(kk)(iii),
071(3)(kk)(iv),
071(3)(kk)(v);
9904, 9904(1),
9904(2), 9904(3),
9904(4),
9904(4)(a),
9904(4)(b),
9904(4)(b)(i),
9904(4)(b)(ii),
9904(4)(b)(iii),
9904(4)(b)(iv),
9904(4)(b)(iv)(A),
9904(4)(b)(iv)(B),
9904(4)(b)(iv)(C),
9904(4)(c),
9904(4)(c)(i),
9904(4)(c)(ii),
9904(4)(c)(iii),
9904(4)(c)(iii)(A),
9904(4)(c)(iii)(B),
9904(4)(c)(iii)(C),
9904(4)(c)(iii)(D),
9904(4)(c)(iv),
9904(4)(c)(iv)(A),
9904(4)(c)(iv)(B),
9904(4)(c)(v),
9904(4)(c)(vi),
9904(4)(c)(vii),
9904(4)(c)(viii),
9904(4)(c)(ix),
9904(4)(c)(x),
9904(4)(c)(x)(A),
9904(4)(c)(x)(B),
9904(4)(c)(x)(C),
9904(4)(c)(x)(D),
9904(4)(c)(xi),
9904(4)(c)(xi)(A),
9904(4)(c)(xi)(B),
9904(4)(c)(xi)(C),
9904(4)(d),
9904(4)(e); 082(4);
045(1); 9905;
140(2)(a) IBR;
045(1).
[[Page 10385]]
220 \2\....... Academic 73 FR 72912, 12/ 070(7)(c)(vi),
Laboratories 1/2008. 070(7)(c)(vii);
Generator 170(7), 170(7)(a),
Standards. 170(7)(b); 235,
235(1), 235(1)(a),
235(1)(b),
235(1)(c),
235(1)(d),
235(1)(e),
235(1)(f),
235(1)(g),
235(1)(h),
235(1)(i),
235(1)(j) and (k),
235(1)(l),
235(1)(m),
235(1)(n), 235(2),
235(2)(a),
235(2)(b); 225(3),
225(3)(a),
225(3)(b); 235(4),
235(4)(a),
235(4)(b),
235(4)(b)(i),
235(4)(b)(ii),
235(4)(b)(iii),
235(4)(b)(iv),
235(4)(b)(v),
235(4)(b)(vi),
235(4)(b)(vii),
235(4)(b)(viii),
235(4)(b)(ix),
235(4)(b)(x),
235(4)(b)(xi),
235(4)(c),
235(4)(d),
235(4)(e),
235(5)(a),
235(5)(b),
235(5)(b)(i),
235(5)(b)(ii),
235(5)(b)(iii),
235(5)(b)(iv),
235(5)(b)(v),
235(5)(b)(vi),
235(5)(b)(vii),
235(5)(b)(viii),
235(5)(b)(ix),
235(5)(b)(x),
235(5)(b)(xi),
235(5)(c), 235(6),
235(6), 235(7),
235(7), 235(7)(a),
235(7)(a)(i),
235(7)(a)(i)(A),
235(7)(a)(i)(C),
235(7)(a)(i)(B),
235(7)(a)(i)(C)(I),
235(7)(a)(i)(C)(II)
, 235(7)(a)(ii),
235(7)(a)(ii),
235(7)(a)(ii)(A),
235(7)(a)(ii)(B),
235(7)(a)(ii)(C),
235(7)(b),
235(7)(b)(i),
235(7)(b)(ii),
235(7)(b)(iii),
235(7)(b)(iii)(A),
235(7)(b)(iii)(B),
235(7)(b)(iii)(C),
235(7)(b)(iii)(C)(I
),
235(7)(b)(iii)(C)(I
I), 235(8), 235(8),
235(8)(a),
235(8)(b),
235(8)(b)(i),
235(8)(b)(ii),
235(8)(b)(iii),
235(8)(b)(iv),
235(8)(b)(v),
235(8)(c),
235(8)(c)(i),
235(8)(c)(ii),
235(8)(c)(iii),
235(8)(c)(iv),
235(8)(d),
235(8)(d)(i),
235(8)(d)(ii),
235(9), 235(9)(a),
235(9)(a)(i),
235(9)(a)(ii),
235(9)(b),
235(9)(c),
235(9)(d),
235(9)(d)(i),
235(9)(d)(i)(A),
235(9)(d)(i)(B),
235(9)(d)(ii),
235(9)(d)(ii)(A),
235(9)(d)(ii)(B),
235(10),
235(10)(a),
235(10)(a)(i),
235(10)(a)(ii),
235(10)(a)(iii),
235(10)(b),
235(11), 235(11),
235(11)(a),
235(11)(b),
235(11)(b)(i),
235(11)(b)(ii),
235(11)(b)(iii),
235(11)(c),
235(11)(d),
235(11)(d)(i),
235(11)(d)(ii),
235(11)(e),
235(12), 235(12),
235(12)(a),
235(12)(b),
235(12)(c) except
for ``WAC 173-303-
200(1)(b)(i)''
citation,
235(12)(d),
235(12)(e),
235(12)(e)(i),
235(12)(e)(ii),
235(12)(e)(iii),
235(12)(e)(iv),
235(13), 235(13),
235(13)(a),
235(13)(b),
235(13)(c),
235(13)(d),
235(13)(e),
235(13)(e)(i),
235(13)(e)(ii),
235(13)(e)(iii),
235(13)(e)(iv),
235(14),
235(14)(a),
235(14)(a)(i),
235(14)(a)(ii),
235(14)(a)(iii)
except for the
phrase ``, more
than 2.2 pounds of
WT01 EHW'',
235(14)(a)(iv),
235(14)(b),
235(14)(b)(i),
235(14)(b)(ii),
235(15),
235(15)(a),
235(15)(a)(i),
235(15)(a)(i)(A),
235(15)(a)(i)(B),
235(15)(a)(ii),
235(15)(b),
235(15)(b)(i),
235(15)(b)(ii),
235(15)(b)(iii),
235(15)(b)(iv),
235(15)(b)(iv)(A),
235(15)(b)(iv)(B),
235(15)(b)(iv)(B)(I
),
235(15)(b)(iv)(B)(I
I), 235(15)(b)(v),
235(15)(b)(vi),
235(15)(b)(vi)(A),
235(15)(b)(vi)(B),
235(15)(b)(vii),
235(15)(b)(vii)(A),
235(15)(b)(vii)(B),
235(15)(b)(vii)(C),
235(15)(b)(vii)(D),
235(15)(c),
235(15)(d),
235(16),
235(16)(a),
235(16)(b),
235(17),
235(17)(a),
235(17)(b).
222........... OECD 75 FR 1236, 1/8/ 170(6); 230(1) IBR;
Requirements; 2010. 045(1); 240(11);
Export 290(1)(b); 370(3),
Shipments of 370(7); 290(1)(b);
Spent Lead-Acid 370(3), 370(7);
Batteries. 520(1)(a) and (b).
223 \2\....... Hazardous Waste 75 FR 12989, 1/ 040 ``New TSD
Technical 18/2010. facility''
Corrections and definition; 040
Clarifications. ``Processed scrap
metal'' definition;
016 Table 1;
070(8)(a)(iii);
120(3), 120(3)(d);
090(7)(a)(viii);
9904; 9903; 082(4)
IBR; 045(1);
180(3)(f),
180(3)(f)(i),
180(3)(f)(i)(A),
180(3)(f)(i)(B),
180(3)(f)(ii),
180(3)(f)(iii),
180(3)(f)(iv);
200(1)(b)(iv)(B),
200(1)(f),
200(1)(g) ,
200(2)(a),
200(2)(b);
220(2)(e),
220(2)(e)(i),
220(2)(e)(ii)
220(2)(e)(ii) Note;
230(2); 350(2);
370(5)(e)(vi),
370(5)(f)(i),
370(5)(f)(vii),
370(5)(f)(viii);
350(2);
360(2)(d)(ii);
370(5)(e)(vi),
370(5)(f)(i),
370(5)(f)(vii),
370(5)(f)(viii);
400(3)(a) IBR and
045(1);
505(1)(b)(i);
140(2)(a) IBR;
045(1); 810(8)(b).
226 \2\....... Academic 75 FR 79304, 12/ 235(1), 235(1)(b),
Laboratories 20/2010. 235(7)(b)(iii)(A),
Generator 235(13)(e)(i),
Standards 235(15)(a)(i),
Technical 235(15)(b)(i).
Corrections.
227........... Revision of the 76 FR 34147, 6/ 140(2)(a) IBR;
Land Disposal 13/2011. 045(1).
Treatment
Standards for
Carbamate
Wastes.
228 \2\....... Hazardous Waste 77 FR 22229, 4/ 9904; 505(1)(b)(i).
Technical 13/2012.
Corrections and
Clarifications
Rule.
------------------------------------------------------------------------
\1\ The Checklist is a document that addresses the specific changes made
to the Federal regulations by one or more related final rules
published in the Federal Register. The EPA develops these checklists
as tools to assist states in developing their authorization
application and in documenting specific state regulations analogous to
the Federal regulations. For more information, see the EPA's RCRA
State Authorization website at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra#about.
\2\ State rule contains more stringent provisions. For identification of
the more stringent State provisions refer to the authorization
revision application's Attorney General Statement and Checklists found
in the docket for this final authorization. Some of the more stringent
state provisions are discussed in Section G of this authorization.
Table 2--State Initiated Changes
------------------------------------------------------------------------
Analogous
State Citation WAC 173-303-. . Reason for change Federal 40 CFR
. citation
------------------------------------------------------------------------
040........................... ``Enforceable 270.1(c)(7).
document'' definition
internal citations
corrected: WAC 173-
303-610(1)(e); WAC
173-303-620(1)(d).
040........................... ``Facility'' 260.10.
definition internal
citation corrected:
RCW 70.105D.020(8).
040........................... ``Performance track 260.10.
member facility''
obsolete definition
deleted.
040........................... ``Release'' definition 280.12 related.
internal citation
corrected: RCW
70.105D.020(32).
045(1)........................ Date of incorporation No direct
by reference updated. analog.
070(1)(b)..................... Language revised for 262.11.
equivalence with
Federal rule.
072(1)(b)..................... Internal citation 260.20.
corrected:
``described in
subsections (3) and
(4) of this
section.''.
110(3)(a)..................... SW-846 reference 260.11(c).
information updated.
110(3)(c), 110(7)............. Updated Chemical Test Related to
Methods guidance and 260.11 and 40
publication date. CFR appendix
IX.
110(3)(g)(ix), 110(3)(h)(i), References to industry 260.11(d) and
110(3)(h)(vii). standards and codes (e).
updated.
170(3)........................ Clarification that 264.1(g)(3)
final facility related.
standards are found
in WAC 173-303-600.
180(3)(c)..................... Redundant manifest 262.23 related.
instructions deleted
(Previous(d), (e) and
(f) are renumbered to
(c), (d) and (e)).
[[Page 10386]]
200(1)(b)(iv)................. Requirement for 262.34(a)(1)(iv)
independent qualified -more stringent
registered State
professional engineer requirement.
(IQRPE).
200(1)(b)(iv)(B).............. Second sentence of 262.34(a)(1)(iv)
this citation was (B).
relocated to new
200(1)(g) to clarify
applicability to all
generators.
200(2)(b), 200(3)(c).......... ``Per waste stream'' 262.34(c).
deleted for
equivalence with
Federal rule.
200(4)(a)(iv)(A)(III)......... Reminder added that 262.34(g)(4)(i)(
facilities use an C)--more
IQRPE to certify stringent State
containment building requirement.
design.
200(5)........................ Requirements for 262.34(j), (k)
National and (l).
Environmental
Performance Track
Program deleted
(Previous (6) is
renumbered to (5)).
240(6)........................ Editing correction.... 263.12 related--
more stringent
State
requirement.
330(1)(d)..................... Editing correction; 264.16(b).
The second sentence
of previous (c)(ii)
is changed to (d),
and (d) renumbered to
(e).
370(1)........................ ``Owners and 264.70(a).
operators'' clarified
to mean the phrase
applies only to
permitted facilities
and dangerous waste
recyclers.
380(1)(r)..................... New sub-section: 264.73(b)(19).
Certificates of major
tank system repair
added for equivalence
with Federal rule.
400(3)(c)(ii)(G).............. Enforceable documents 265.110(c),
in lieu of a post 265.118(c)(4)
closure permit and 265.121.
adopted.
400(3)(c)(xxii)(B)............ Reference to 265.1101(c)(4).
Performance Track
member facilities
deleted.
400(3)(c)(xxii)(B)............ Rule is modified to 265.1101(c)(3)(i
add IQRPE requirement. ii)--more
stringent State
requirement.
573(9)(b)(ii)(A).............. Corrected for 273.13(c)(2)(i).
equivalence with
Federal rule.
573(19)(b)(iv) and (v)........ References to 273.32(b)(4) and
thermostat universal (5)--more
waste are removed, stringent State
including in the requirement.
example calculation.
600(1)........................ Edit to clarify which 264.1(a).
rules are the final
facility standards.
600(2)........................ Clarification on what 264.1(b).
types of facilities
can accept dangerous
waste from off-site
sources.
610(4)(c)..................... Internal citations 264.113(c).
corrected for
equivalence with
Federal rule.
610(3)(a)(ix), Internal citation 264.112(b)(8),
610(3)(b)(ii)(D), corrected. 264.112(c)(2)(i
610(8)(d)(ii)(D). v), and
264.118(d)(2)(i
v).
610(12)(f).................... Editing correction.... No direct
analog.
620(1)(d)(i).................. Internal citation 264.140(d)(1).
corrected.
620(3)(a)(ii), 620(6)(a), Revise wording to be 264.142(a)(2),
620(9)(a). gender neutral. 264.145, and
264.148(a).
620(3)(a)(ii), 620(5)(a)...... Clarify that financial 264.142(a)(2)
assurance cost and
estimates are 264.144(a)(1).
performed by a third
party.
620(3)(a)(v), 620(4)(g), Clarify that net 262.142(a),
620(6)(c). present value 264.142(a), and
adjustments are not 264.144(a).
allowed.
620(4)(a)(vi), 620(4)(d)(iv), Clarify that financial 264.143(f),
620(6)(a)(vi). test and the 264.143(f), and
corporate guarantee 264.145(f).
are two separate but
related options.
620(4)(d)(iv), 620(6)(a)(vi), Minimum tangible net 264.143(f)--more
620(8)(a)(iv). worth raised to $25 stringent State
million. requirement.
264.145(f)--mor
e stringent
State
requirement.
264.147(f)--mor
e stringent
State
requirement.
620(4)(d)(v), 620(6)(a)(vii).. ``Agreed upon 264.143(f)(3)(ii
Procedures'' report i) and
can be used in place 264.143(f)(3)(i
of a ``Negative ii).
Assurance'' report.
620(8)(a)(i).................. Minimum financial 264.147(a) and
assurance liability 264.147(b)--mor
amounts increased. e stringent
(Previous (i), (ii) State
and (iii) are requirements.
renumbered to (ii),
(iii) and (iv)).
630(7)(d)..................... Clarify that rule 264.175(d)--more
applies to TSD owners stringent State
and operators, not requirement.
generators.
640(2)(c)(v)(B) Note References to industry 264.191(b)(5)(ii
640(4)(i)(iii) Note 640(9)(b). standards and codes ) Note and
updated. 264.193(i)(3)
Note.
645(1)(e)..................... Rule for enforceable 264.90(e).
documents in lieu of
a post closure permit
(previous (e) became
(f)).
645(8)(c)..................... Clarify rule 264.97(c)--more
applicability. stringent State
requirement.
64620(5)...................... New rules for 264.101 related--
corrective action more stringent
financial assurance. State
requirement.
64690......................... Facilities must use an 264.554 IBR,
IQRPE for staging 045(1)--more
pile design. stringent State
requirement.
650(4)(c)..................... Facilities must use an 254.226(c)--more
IQRPE to certify dike stringent State
integrity. requirement.
650(5)(d)(ii)(B).............. Facilities must use an 254.227(d)(2)(ii
IQRPE for impoundment )--more
design. stringent State
requirement.
650(6)(b)(ii)................. Internal citation 264.228(b)(2).
corrected.
665(2)(a)(i).................. Facilities must use an 264.301(a)(1)--m
IQRPE to certify ore stringent
report on basis for State
landfill liner requirement.
selection.
800(2), 800(12), 806(4)(a), Rules for enforceable 270.1(c) intro,
806(4)(o). documents in lieu of 270.1(c)(7),
a post closure permit. 270.14(a), and
270.28.
806(4)(d)(v).................. Facilities must use an 270.17(d)--more
IQRPE for certifying stringent State
dike integrity. requirement.
806(4)(e)(iii)(A)(I).......... Reference to IQRPE 270.18(c)(1)(i)-
requirement to -more stringent
certify waste pile State
liner selection. requirement.
806(4)(h)(ii)(A)(I)........... Reference to IQRPE 270.21(b)(1)(i)-
requirement to -more stringent
certify landfill State
liner selection. requirement.
806(4)(j)(iv)(C), The word ``design'' is 270.24(d)(3) and
806(4)(k)(v)(C). deleted after ``basic 270.25(e)(3).
control device'' for
equivalence with
Federal rule.
806(4)(n)..................... New facilities added 270.22 intro.
to list of those able
to burn hazardous
waste.
811........................... New Boiler and 270.66 IBR
Industrial Furnace 045(1).
(BIF) facility types
added to list.
830 Appendix I Permit New entry for ``Burden 270.42 Appendix
modifications table. Reduction'' added. I--more
stringent State
requirement.
830 Appendix I(F)(1)(c), Note added 270.42 Appendix
(F)(4)(a), (G)(1)(e), acknowledging non- I.
(G)(5)(c), (H)(5)(C). existent RCRA section.
841........................... New Boiler and 270.235(a)(1)
Industrial Furnace intro IBR
(BIF) facility types 045(1).
added to list.
[[Page 10387]]
9903.......................... Numerical P list...... 261.33.
P108 CAS
number corrected
(2 entries).
P114
Tetraethydithiopyr
ophosphate is
replaced with
Thallium(I)
selinite.
P115
Thiodiphosphoric
acid, tetraethyl
ester is replaced
with Sulfuric
acid,
dithallium(1+)
salt.
P115
Plumbane,
tetraethyl is
replaced with
Thallium(I)
sulfate.
P116
Tetraethyl lead is
replaced with
Hydrazinecarbothio
amide.
Correct
errors with waste
codes, CAS numbers
and chemical names.
P128
Mexacarbate CAS
number corrected.
Alphabetical U list...
U202 1,2-
Benzisothiazol-3(2H)-
one, 1,1-dioxide, &
salts deleted.*
U202
Saccharin, & salts
deleted.*
U227 waste
code for 1,1,1-
Trichloroethane is
replaced with U226.
Numerical U list......
U202 1,2-
Benzisothiazol-3(2H)-
one, 1,1-dioxide, &
salts deleted.*
U202
Saccharin, & salts
deleted.*
* These entries were
deleted as part of
State adoption of the
December 17, 2010 (75
FR 78918) EPA rule
removing saccharin
from the discarded
chemicals list.
Although these
changes are not State-
initiated, they are
listed here because
an EPA checklist was
not available.
9904(1) K181.................. K181 listing code 261.32(a) K181.
codified.
9904 K181 entry, 9904(1) Four internal 261.32(a) K181,
K181(iv), 9904(4)(b), citations corrected. 261.32(d)(2),
9904(4)(c), 9904(4)(c)(i) and 261.32(d)(3),
(ii). and
261.32(d)(3)(i)
and (ii).
9904 K069..................... Administrative stay 261.32 K069.
note added.
------------------------------------------------------------------------
G. Where are the revised State rules different from the Federal rules?
Under RCRA Section 3009, the 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 the EPA.
This Section does not discuss all the program differences, because
in most instances Washington writes its own version of the Federal
hazardous waste rules. Persons must consult Tables 1 and 2 in Section F
for the specific State regulations that the EPA is authorizing. This
Section discusses rules of particular interest where the EPA has found
the State program is more stringent and will be authorized. Table 2
above indicates all the rules that the EPA determined to be more
stringent than the Federal rules. The Section below also discusses an
example of a rule 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. The EPA does not delegate import and
export functions. Under RCRA regulations found in 40 CFR part 262, the
EPA will continue to implement requirements for import and export
functions. However, the State rules (WAC 173-303-230) reference the
EPA's import and export requirements, and the State has amended these
references to include those changes promulgated in the Federal Rule on
Corrections to Errors in the Code of Federal Regulations (71 FR 40254,
July, 7, 2006). Additional information regarding the EPA's analysis
concerning the State's rules that are more stringent and/or broader in
scope than the Federal rules can be found in the docket.
1. More Stringent
States are allowed to seek authorization for state requirements
that are more stringent than Federal requirements. The EPA has
authority to authorize and enforce those parts of a state's program the
EPA finds to be more stringent than the Federal program. This Section
does not discuss each more stringent finding made by the EPA, but
persons can locate such findings by consulting Table 1 in Section F and
by reviewing the docket for these rules. This action authorizes the
State program for each more stringent requirement.
a. Satellite Accumulation--On December 20, 1984 (49 FR 49568), the
Federal Satellite Accumulation rule was promulgated. The State adopted
a satellite accumulation rule in 1986 and adopted a revised rule on
December 8, 1993. On December 18, 2014, the State adopted another
revision to WAC 173-303-200(2) with all instances of ``per waste
stream'' removed for consistency with the Federal rule at 40 CFR
262.34(c). The State rule has an additional provision for satellite
accumulation requirements whereby the State can require additional
management requirements on a case-by-case basis, which renders the
State rule more stringent than the Federal rule. Additional details
regarding the State's adoption of the revised satellite accumulation
rule are available in the docket.
b. Academic Laboratory Generator Standards--The State's Academic
Laboratories Generator Standards contain more stringent requirements
than the corresponding Federal rules (73 FR 72912, December 1, 2008).
i. WAC 173-303-235(4)(a), (4)(b)(ii), (5)(a), and (5)(b)(ii), are
more stringent because the State requires small quantity generators to
obtain EPA/state identification numbers, whereas the Federal rules at
40 CFR 262.203(a) and (b)(2) and 40 CFR 262.204(a) and (b)(2) exempt
the comparable Conditionally Exempt Small Quantity Generators (CESQGs).
ii. WAC 173-303-235(4)(b) and (5)(b) are more stringent than 40 CFR
262.203(b) and 262.204(b) introductory paragraphs due to the State
requirement for small quantity generators to complete the entire
Washington State Dangerous Waste Site Identification form, whereas the
Federal rules exempt CESQGs from filling in a site identification
number.
iii. WAC 173-303-235(7)(a)(i), 235(9)(d)(i)(A) and 235(9)(d)(ii)(A)
require accumulation start dates and full container dates to be
attached to the containers rather than, at a minimum, be associated
with them as required by 40 CFR 262.206(a)(1) and 262.208(d)(1)(i).
[[Page 10388]]
iv. WAC 173-303-235(14)(a)(iv) requires eligible academic entities
to maintain records for five years after laboratory cleanouts rather
than three years as required in 40 CFR 262.213(a)(4).
On December 12, 2010 (75 FR 79304), the Federal Academic
Laboratories Generator Standards Technical Corrections rules were
promulgated. The State's rules at WAC 173-303-235(15)(a)(i) and (b)(i)
are more stringent than the Federal rules because they require the
accumulation date to appear on the container label, whereas the Federal
rules at 40 CFR 262.214(a)(1) and (b)(1) allow the information to be
associated with, but not necessarily placed on, the container.
Additional details regarding the more stringent State provisions
associated with the State's adoption of the Federal Academic
Laboratories Generator Standards are available in the docket.
c. Characteristic of Reactivity--On January 31, 1986 (51 FR 3782),
the State received authorization for its dangerous waste identification
rules including WAC 173-303-090(7) Characteristic of reactivity. On
January 18, 2010 (75 FR 12989), the Federal rule at 40 CFR 261.23(a)(8)
was revised to update the forbidden explosives regulation under 40 CFR
261.23 Characteristic of reactivity. The State revised the
corresponding WAC 173-303-090(7)(a)(viii), but included Division 1.5
explosives (refer to the US Department of Transportation Hazardous
Materials Class 1 explosives chart) not included in the Federal rule.
As a result, the State's rule is more stringent than the Federal rule.
Additional details regarding the more stringent State provisions
associated with forbidden explosives under the characteristic of
reactivity rule are available in the docket.
d. Exception Reporting--On January 18, 2010 (75 FR 12989), the
Federal Hazardous Waste Technical Corrections and Clarifications rules
were promulgated. Under 40 CFR 262.42(c)(2), the 35/45/60 day
timeframes for exception reporting begin the date the waste was
accepted by the initial transporter forwarding the hazardous waste from
the designated facility to the alternate facility. The State rule at
WAC 173-303-220(2)(e)(ii) is more stringent because it does not have a
60-day window for Medium Quantity Generators (equivalent to Federal
Small Quantity Generators) to submit exception reports to the
Washington State Department of Ecology. Additional details regarding
the more stringent State provisions associated with Exception reports
are available in the docket.
e. Independent Qualified Registered Professional Engineers--On
December 18, 2014, the State adopted rule changes to require
Independent Qualified Registered Professional Engineers (IQRPEs) to
certify certain activities. The revised State rules at WAC 173-303-
200(1)(b)(iv), 200(4)(a)(iv)(A)(III), 400(3)(c)(xxii)(B), 64690,
650(4)(c), 650(5)(d)(ii)(B), 665(2)(a)(i), 806(4)(d)(v),
806(4)(e)(iii)(A)(I), and 806(4)(h)(ii)(A)(I) are more stringent than
corresponding Federal rules at 40 CFR 262.34(a)(1)(iv) and
(g)(4)(i)(C), 265.1101(c)(3)(iii), 264.554 (IBR, 045(1)), 264.226(c),
264.227(d)(2)(ii), 264.301(a)(1), 270.17(d), 270.18(c)(1)(i), and
270.21(b)(1)(i). Additional details regarding the more stringent State
provisions associated with IQRPE requirements are available in the
docket.
2. Broader in Scope
The State has added a time limit for special wastes that are stored
at transfer stations under WAC 173-303-073(2)(e)(v). The Federal rules
do not regulate these special wastes which are State-only wastes and
defined at WAC 173-303-040; therefore, the regulation of these wastes
is broader in scope than the Federal rules. As noted above, broader in
scope rules are not authorized by the EPA.
H. Who issues permits once the authorization takes effect?
Washington will continue to issue permits for all the provisions
for which it is authorized and will administer the permits it issues.
Permits issued by the EPA prior to authorizing Washington for these
revisions will continue in force until the effective date of the
State's issuance or denial of a State hazardous waste management
permit, at which time, the EPA will modify the existing EPA permit to
expire at an earlier date, terminate the existing EPA permit, or allow
the existing EPA permit to otherwise expire by its terms, except for
those facilities located in Indian Country. The EPA will not issue new
permits or new portions of permits for provisions for which Washington
is authorized after the effective date of this authorization. The EPA
will continue to implement and issue permits for HSWA requirements for
which Washington is not yet authorized.
I. What is codification and is the EPA codifying Washington's hazardous
waste program as authorized in this authorization?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. This is done by
referencing the authorized State rules in 40 CFR part 272. The EPA is
reserving the amendment of 40 CFR part 272, subpart WW, for this
authorization of Washington's program revisions until a later date.
J. How does this action affect Indian Country (18 U.S.C. 1151) in
Washington?
The EPA's decision to authorize the Washington hazardous waste
management 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. The EPA retains jurisdiction over ``Indian Country''.
Effective October 22, 1998 (63 FR 50531, September 22, 1998) the State
of Washington was authorized to implement the State's federally-
authorized hazardous waste management 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. The
EPA retains its authority to implement RCRA on trust lands and over
Indians and Indian activities within the 1873 Survey Area.
K. Statutory and Executive Order Reviews
This final authorization revises the State of Washington's
authorized hazardous waste management program pursuant to Section 3006
of RCRA and imposes no requirements other than those currently imposed
by State law. This authorization complies with applicable executive
orders and statutory provisions as follows:
1. Executive Order 12866
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
Federal agencies must determine whether the regulatory action is
``significant'', and therefore subject to OMB review and the
requirements of the E.O. The E.O. defines ``significant regulatory
action'' as one that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more, or adversely
affect in a material way, the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; (2)
create a serious inconsistency or otherwise interfere
[[Page 10389]]
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 E.O. The EPA
has determined that this final authorization is not a ``significant
regulatory action'' under the terms of E.O. 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 authorization 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 the
EPA's regulations in title 40 of the CFR are listed in 40 CFR part 9.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this authorization on small
entities, small entity is defined as: (1) A small business defined by
the Small Business Administration's size regulations at 13 CFR part
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. I certify that this final
authorization will not have a significant economic impact on a
substantial number of small entities because the final authorization
will only have the effect of authorizing pre-existing requirements
under State law and imposes no additional requirements beyond those
imposed by State law.
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, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, Section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objectives of the
rule. The provisions of Section 205 do not apply when they are
inconsistent with applicable law. Moreover, Section 205 allows the EPA
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the rule an explanation why the alternative was not
adopted. Before the 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 the EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements. This
final authorization 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, the EPA has also determined that this final authorization
contains no regulatory requirements that might significantly or
uniquely affect small government entities. Thus, this final
authorization is not subject to the requirements of Sections 202 and
203 of the UMRA.
5. Executive Order 13132: Federalism
This final authorization 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 E.O. 13132 (64 FR 43255, August 10, 1999).
This document authorizes pre-existing State rules. Thus, E.O. 13132
does not apply to this final authorization. In the spirit of E.O.
13132, and consistent with the EPA policy to promote communications
between the EPA and state and local governments, the EPA specifically
solicited comment on this authorization from State and local officials.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This final
authorization does not have tribal implications, as specified in E.O.
13175 because the EPA retains its authority over Indian Country. Thus,
E.O. 13175 does not apply to this final authorization. The EPA
specifically solicited comment on this authorization from tribal
officials.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required
[[Page 10390]]
under Section 5-501 of the E.O. has the potential to influence the
regulation. This action is not subject to E.O. 13045 because it
approves a state program.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final authorization is not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a ``significant regulatory action'' as defined under E.O. 12866,
as discussed in detail above.
9. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272),
directs the 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 the EPA to provide
Congress, through OMB, explanations when the Federal agency decides not
to use available and applicable voluntary consensus standards. This
authorization does not involve technical standards. Therefore, the 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
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. The EPA has determined that this
final authorization will not have disproportionately high and adverse
human health or environmental effects on minority or low-income
populations. This final authorization does not affect the level of
protection provided to human health or the environment because this
document authorizes pre-existing State rules which are equivalent to
and no less stringent than existing Federal requirements.
11. The Congressional Review Act, 5 U.S.C. 801-808
The Congressional Review Act, 5 U.S.C. 801-808, 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 document 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 in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.
Authority: This final action is issued under the authority of
Sections 1006, 2002(a), and 3006 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6905, 6912(a), and 6926.
Dated: February 20, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-04702 Filed 3-8-18; 8:45 am]
BILLING CODE 6560-50-P
