Oregon: Authorization of State Hazardous Waste Management Program Revisions, 13644-13647 [2022-05012]
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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations
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Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
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and pests, Reporting and recordkeeping
requirements.
Dated: March 4, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
*
*
*
*
asparagus, edible podded ..........
catjang, edible podded ...............
french, edible podded .................
garden, edible podded ................
goa, edible podded .....................
green, edible podded ..................
guar, edible podded ....................
kidney, edible podded .................
lablab, edible podded .................
moth, edible podded ...................
mung, edible podded ..................
navy, edible podded ...................
rice, edible podded .....................
scarlet runner, edible podded .....
snap, edible podded ...................
*
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
Bean,
*
*
*
*
sword, edible podded .................
urd, edible podded ......................
wax, edible podded .....................
yardlong, edible podded .............
*
Bean,
Bean,
Bean,
Bean,
*
*
*
*
Bushberry subgroup 13–07B ................
*
*
*
*
*
Cowpea, edible podded ........................
*
*
*
*
*
Jackbean, edible podded ......................
*
*
*
*
*
Longbean, chinese, edible podded .......
*
*
*
*
*
Pea, winged, edible podded ..................
*
*
*
*
*
Soybean, vegetable, edible podded ......
*
*
*
*
*
Velvetbean, edible podded ....................
*
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.511, amend paragraph (a)
by:
■ a. Revising the introductory text.
■ b. Adding in alphabetical order to the
table the entries ‘‘Bean, asparagus,
edible podded’’; ‘‘Bean, catjang, edible
podded’’; ‘‘Bean, french, edible
podded’’; ‘‘Bean, garden, edible
podded’’; ‘‘Bean, goa, edible podded’’;
‘‘Bean, green, edible podded’’; ‘‘Bean,
guar, edible podded’’; ‘‘Bean, kidney,
edible podded’’; ‘‘Bean, lablab, edible
podded’’; ‘‘Bean, moth, edible podded’’;
‘‘Bean, mung, edible podded’’; ‘‘Bean,
navy, edible podded’’; ‘‘Bean, rice,
edible podded’’; ‘‘Bean, scarlet runner,
edible podded’’; and ‘‘Bean, snap, edible
podded’’.
■ c. Removing the entry from the table
for ‘‘Bean, snap, succulent’’.
■ d. Adding in alphabetical order to the
table the entries ‘‘Bean, sword, edible
podded’’; ‘‘Bean, urd, edible podded’’;
‘‘Bean, wax, edible podded’’; ‘‘Bean,
yardlong, edible podded’’; ‘‘Bushberry
subgroup 13–07B’’; ‘‘Cowpea, edible
podded’’; ‘‘Jackbean, edible podded’’;
‘‘Longbean, chinese, edible podded’’;
‘‘Pea, winged, edible podded’’;
‘‘Soybean, vegetable, edible podded’’;
and ‘‘Velvetbean, edible podded’’.
The revision and additions read as
follows:
■
§ 180.511 Buprofezin; tolerances for
residues.
(a) General. Tolerances are
established for residues of buprofezin,
including its metabolites and degradates
in or on the commodities in the table in
this paragraph (a). Compliance with the
tolerance levels specified in the table in
this paragraph (a) is to be determined by
measuring only the buprofezin, 2-[(1,1dimethylethyl)imino]tetrahydro-3-(1methylethyl)-5-phenyl-4H-1,3,5thiadiazin-4-one, in the commodity.
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million
Commodity
*
*
*
*
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.08
0.02
0.02
0.02
0.02
0.02
0.02
*
[FR Doc. 2022–05065 Filed 3–9–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R10–RCRA–2021–0439; FRL–8853–
02–R10]
Oregon: Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final authorization.
AGENCY:
Oregon applied to the
Environmental Protection Agency (EPA)
for final authorization of changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA), as amended. EPA has
reviewed Oregon’s application and has
determined that these changes satisfy all
requirements needed to qualify for
SUMMARY:
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authorization. EPA sought public
comment under Docket #EPA–R10–
RCRA–2021–0439 from October 5, 2021,
to November 4, 2021, prior to taking this
final action to authorize these changes.
EPA received five comments, only one
of which was adverse. EPA’s response to
the comment and rationale for this final
action are provided below.
DATES: This final authorization is
effective April 11, 2022.
FOR FURTHER INFORMATION CONTACT:
Margaret Olson, U.S. Environmental
Protection Agency, Region 10, Oregon
Operations Office, 805 SW Broadway,
Suite 500, Portland, Oregon 97205,
phone number: (503) 326–5874, email:
olson.margaret@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs
necessary?
States that have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask EPA to authorize the
changes. Changes to state programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
Oregon State’s hazardous waste
management program received final
authorization on January 30, 1986 (51
FR 3779), to implement the RCRA
hazardous waste management program.
As explained in section E of this
document, Oregon’s program has been
revised and reauthorized numerous
times since then. On October 16, 2020,
Oregon submitted a complete program
revision application seeking
authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between October 22, 1998,
and April 17, 2015. The below rules
have been adopted by Oregon as of July
12, 2017. The Federal rules adopted by
Oregon include the Hazardous Waste
Manifest Printing Specifications
Correction Rule (76 FR 36363, June 22,
2011), Standards Applicable to Owners
and Operators of Closed and Closing
Hazardous Waste Management
Facilities: Post-Closure Permit
Requirement; Closure Process (63 FR
56710, October 22, 1998), Used Oil
Management Standards (75 FR 76633,
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September 8, 2005), Standardized
Permit for RCRA HW Management
Facilities (70 FR 53420, September 8,
2005), NESHAP: Standards for RCRA
HW Management Facilities (73 FR
18970, April 8, 2008), Amendment to
Hazardous Waste Code F019 (73 FR
31756, June, 4, 2008), Academic
Laboratories Generator Standards (73 FR
72911, December 1, 2008), Export
Shipments of Lead-Acid Batteries (75
FR 1236, January 9, 2010), Hazardous
Waste Technical Corrections and
Clarifications Rule (75 FR 12989, March
18, 2010), Withdrawal of the Emissions
Comparable Fuel Exclusion (75 FR
33712, June 5, 2010), Removal of
Saccharin and its Salt from the Lists of
Hazardous Constituents (75 FR 78918,
December 17, 2010), Academic
Laboratories Generator Standards
Technical Corrections (75 FR 79304,
December 20, 2010), Revision of the
Treatment Standards for Carbamate
Wastes (76 FR 34147, June 13, 2011),
Hazardous Waste Technical Corrections
and Clarifications Rule (77 FR 22229,
July 31, 2013), Conditional Exclusions
for Solvent-Contaminated Wipes (78 FR
46447, July 31, 2013), Modifications of
Hazardous Waste Manifest System:
Electronic Manifest (79 FR 7518,
February 7, 2014), Revisions to the
Export Provisions of the Cathode Ray
Tube (78 FR 36220, June 26, 2014),
Vacatur of the Comparable Fuels Rule
and the Gasification Rule (80 FR 18777,
April 8, 2015), and Disposal of Coal
Combustion Residues from Electric
Utilities (80 FR 21301, April 17, 2015).
Of the 19 rules being authorized by this
action, some State rules contain more
stringent and/or broader in scope
provisions. For identification of these
provisions refer to the authorization
revision application’s Attorney General
Statement and Checklists found in the
docket for this action.
The EPA is authorizing Oregon’s
revised hazardous waste program in its
entirety through July 12, 2017, as
described above.
B. What decisions has EPA made in this
action?
EPA has reviewed Oregon’s
application to revise its authorized
program and has determined that it
meets the statutory and regulatory
requirements established by RCRA.
Therefore, EPA is granting Oregon final
authorization to operate its hazardous
waste management program with the
changes described in the authorization
revision application and supporting
materials. Oregon will continue to have
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
within its borders (except in Indian
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13645
country (18 U.S.C. 1151)) and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates under
the authority of HSWA, and which are
not less stringent than existing
requirements, take effect in authorized
States before the States are authorized
for the requirements. Thus, EPA will
implement those requirements and
prohibitions in Oregon, including
issuing permits, until Oregon is granted
authorization to do so.
C. What is the effect of this final
authorization decision?
A person in Oregon 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 EPA for which the
State has not received authorization and
RCRA requirements that are not
supplanted by the authorized State
requirements. Oregon will continue to
have primary enforcement authority and
responsibility for its State hazardous
waste program. EPA will maintain its
authorities under RCRA sections 3007,
3008, 3013, and 7003, including its
authority to:
• Conduct inspections, and require
monitoring, tests, analyses and reports;
• Enforce RCRA requirements,
including authorized State program
requirements;
• Suspend or revoke permits; and
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action will not impose additional
requirements on the regulated
community because the regulations
which EPA is proposing to authorize in
Oregon 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 five comments
during the public comment period of
this action (86 FR 54894, October 5,
2021), four of which were supportive,
and one of which was opposed to this
action. All the comments received are
included in the docket for this action.
The adverse commenter questioned
EPA’s authorization of Oregon’s rule
conditionally excluding solventcontaminated wipes from RCRA
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requirements, stating: ‘‘why is Oregon
proposing a more stringent ruling on
solvent-contaminated wipes when they
can easily be excluded using broad
language under the EPA?’’ The
commenter also raised questions about
how solvent-contaminated wipes would
be managed under Oregon’s rule.
According to the commenter, ‘‘[t]he plan
for how the wipes will be taken care of
now that they are classified as
hazardous waste should be addressed
before the approval is completed for this
proposal.’’
RCRA Section 3006 sets forth three
criteria EPA must evaluate in
determining whether to authorize a
State program: Whether the State
program is equivalent to the Federal
program; whether the State program is
consistent with Federal or State
programs applicable in other States;
and, whether the State program
provides adequate enforcement of
compliance with RCRA requirements. In
addition, under RCRA Section 3009,
states may adopt RCRA programs that
are more stringent than Federal
regulations, and EPA may authorize and
enforce such more-stringent regulations.
See 40 CFR 271.1(i)(1).
As noted in EPA’s proposed action
and in this final authorization, EPA has
determined that Oregon’s changes to its
hazardous waste program—including
the State’s adoption of the conditional
exclusion for solvent-contaminated
wipes—meet the statutory criteria for
authorization under RCRA Sections
3006 and 3009. EPA’s exclusion for
solvent-contaminated wipes is codified
at 40 CFR 261.4(b)(18), and Oregon
adopts by reference that provision at
OAR 340–100–0002(1), with the
exception of changes to the Federal rule
identified at OAR 340–101–0004(3)
through (5), which eliminate certain
disposal options from the exclusion. In
other words, Oregon’s rules are
consistent with EPA’s rules with regard
to management of excluded solventcontaminated wipes and are more
stringent with regard to their disposal.
Thus, EPA has determined that Oregon’s
requested changes to its hazardous
waste program are consistent with
RCRA requirements and is finalizing
authorization of those changes in this
action.
E. What has Oregon previously been
authorized for?
Oregon initially received final
authorization on January 30, 1986,
effective January 31, 1986 (51 FR 3779),
to implement the RCRA hazardous
waste management program. EPA
granted authorization for changes to
Oregon’s program on March 30, 1990,
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effective on May 29, 1990 (55 FR
11909); August 5, 1994, effective
October 4, 1994 (59 FR 39967); June 16,
1995, effective August 15, 1995 (60 FR
31642); October 10, 1995, effective
December 7, 1995 (60 FR 52629);
September 10, 2002, effective September
10, 2002 (67 FR 57337); June 26, 2006
effective June 26, 2006 (71 FR 36216);
and January 7, 2010, effective January 7,
2010 (75 FR 918).
F. What changes is the EPA authorizing
with this action?
EPA is authorizing revisions to
Oregon’s authorized RCRA program as
described in Oregon’s official program
revision application, submitted to EPA
on October 16, 2020, and deemed
complete by EPA on November 19,
2020. EPA has determined that Oregon’s
hazardous waste management program
revisions as described in the October 16,
2020 State’s authorization revision
application satisfy the requirements
necessary to quality for final
authorization. Oregon’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, EPA is granting
Oregon’s request for RCRA program
authorization revision for the program
changes as noted in Section A of this
document.
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, determined
functionally equivalent, and State rules
that are more stringent than the Federal
program may be authorized, in which
case those provisions are federally
enforceable.
The following Oregon provisions
documented in this authorization action
are more stringent than the Federal
program:
• Oregon is more stringent than the
Federal program at OAR 340–102–
0041(2) by requiring annual reporting
rather than biennial reporting.
• Oregon is more stringent than the
Federal program at OAR 340–102–
0200(4) which requires when opting-in
to Subpart K, an eligible academic entity
is required to submit their completed
Laboratory Management Plan as defined
in 40 CFR 262.214.
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• Oregon is more stringent than the
Federal program at OAR 340–102–
0200(2) which requires container labels
be affixed or attached to the container
and eliminates the possibility of these
labels being associated with the wrong
container.
• Oregon is more stringent than the
Federal program at OAR 340–101–
0004(4) and (5) by requiring containers
of solvent contaminated wipes be either
laundered or disposed as hazardous
waste. Oregon does not allow disposal
of solvent contaminated wipes in a
municipal landfill or non-hazardous
waste incinerator.
Oregon is broader in scope than the
Federal program documented in this
authorization action by requiring
academic laboratories that opt into
subpart K to obtain an EPA
identification number.
H. Who handles permits after the final
authorization takes effect?
Oregon will continue to issue permits
for all the provisions for which it is
authorized and will administer the
permits it issues. Permits issued by EPA
prior to authorizing Oregon for these
revisions would continue in force until
the effective date of the State’s issuance
or denial of a State hazardous waste
management permit, at which time, EPA
would 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. EPA will not
issue new permits or new portions of
permits for provisions for which Oregon
is authorized after the effective date of
this authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Oregon is not
yet authorized.
I. How does this action affect Indian
country (18 U.S.C. 1151) in Oregon?
Oregon is not authorized to carry out
its hazardous waste program in Indian
country within the State, which
includes:
• All lands within the exterior
boundaries of Indian reservations
within or abutting the State of Oregon.
• Any land held in trust by the U.S.
for an Indian tribe; and
• Any other land, whether on or off
an Indian reservation, that qualifies as
Indian country.
Therefore, this action has no effect on
Indian country. EPA retains jurisdiction
over Indian country and will continue
to implement and administer the RCRA
program on these lands.
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J. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action will authorize State
requirements for the purpose of RCRA
section 3006 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. Accordingly,
I certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531–1538). For the same
reason, this action also does not
significantly or uniquely affect the
communities of tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action 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 the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not
economically significant, and it does not
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make decisions based on environmental
health or safety risks. This action 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 under Executive Order
12866.
Under RCRA section 3006(b), the EPA
grants a state’s application for
authorization as long as the state meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a state
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in
authorizing Oregon’s updated RCRA
program, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of this action in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. This action does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ‘‘Burden’’ is
defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
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13647
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.
Because this action authorizes preexisting State rules which are at least
equivalent to, and no less stringent than
existing Federal requirements, and
imposes no additional requirements
beyond those imposed by State law, and
there are no anticipated significant
adverse human health or environmental
effects, this action is not subject to
Executive Order 12898.
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).
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: March 4, 2022.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022–05012 Filed 3–9–22; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Rules and Regulations]
[Pages 13644-13647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05012]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R10-RCRA-2021-0439; FRL-8853-02-R10]
Oregon: Authorization of State Hazardous Waste Management Program
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final authorization.
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SUMMARY: Oregon applied to the Environmental Protection Agency (EPA)
for final authorization of changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA), as amended. EPA has
reviewed Oregon's application and has determined that these changes
satisfy all requirements needed to qualify for
[[Page 13645]]
authorization. EPA sought public comment under Docket #EPA-R10-RCRA-
2021-0439 from October 5, 2021, to November 4, 2021, prior to taking
this final action to authorize these changes. EPA received five
comments, only one of which was adverse. EPA's response to the comment
and rationale for this final action are provided below.
DATES: This final authorization is effective April 11, 2022.
FOR FURTHER INFORMATION CONTACT: Margaret Olson, U.S. Environmental
Protection Agency, Region 10, Oregon Operations Office, 805 SW
Broadway, Suite 500, Portland, Oregon 97205, phone number: (503) 326-
5874, email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, states must
change their programs and ask EPA to authorize the changes. Changes to
state programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
Oregon State's hazardous waste management program received final
authorization on January 30, 1986 (51 FR 3779), to implement the RCRA
hazardous waste management program. As explained in section E of this
document, Oregon's program has been revised and reauthorized numerous
times since then. On October 16, 2020, Oregon submitted a complete
program revision application seeking authorization of changes to its
hazardous waste program that correspond to certain Federal rules
promulgated between October 22, 1998, and April 17, 2015. The below
rules have been adopted by Oregon as of July 12, 2017. The Federal
rules adopted by Oregon include the Hazardous Waste Manifest Printing
Specifications Correction Rule (76 FR 36363, June 22, 2011), Standards
Applicable to Owners and Operators of Closed and Closing Hazardous
Waste Management Facilities: Post-Closure Permit Requirement; Closure
Process (63 FR 56710, October 22, 1998), Used Oil Management Standards
(75 FR 76633, September 8, 2005), Standardized Permit for RCRA HW
Management Facilities (70 FR 53420, September 8, 2005), NESHAP:
Standards for RCRA HW Management Facilities (73 FR 18970, April 8,
2008), Amendment to Hazardous Waste Code F019 (73 FR 31756, June, 4,
2008), Academic Laboratories Generator Standards (73 FR 72911, December
1, 2008), Export Shipments of Lead-Acid Batteries (75 FR 1236, January
9, 2010), Hazardous Waste Technical Corrections and Clarifications Rule
(75 FR 12989, March 18, 2010), Withdrawal of the Emissions Comparable
Fuel Exclusion (75 FR 33712, June 5, 2010), Removal of Saccharin and
its Salt from the Lists of Hazardous Constituents (75 FR 78918,
December 17, 2010), Academic Laboratories Generator Standards Technical
Corrections (75 FR 79304, December 20, 2010), Revision of the Treatment
Standards for Carbamate Wastes (76 FR 34147, June 13, 2011), Hazardous
Waste Technical Corrections and Clarifications Rule (77 FR 22229, July
31, 2013), Conditional Exclusions for Solvent-Contaminated Wipes (78 FR
46447, July 31, 2013), Modifications of Hazardous Waste Manifest
System: Electronic Manifest (79 FR 7518, February 7, 2014), Revisions
to the Export Provisions of the Cathode Ray Tube (78 FR 36220, June 26,
2014), Vacatur of the Comparable Fuels Rule and the Gasification Rule
(80 FR 18777, April 8, 2015), and Disposal of Coal Combustion Residues
from Electric Utilities (80 FR 21301, April 17, 2015). Of the 19 rules
being authorized by this action, some State rules contain more
stringent and/or broader in scope provisions. For identification of
these provisions refer to the authorization revision application's
Attorney General Statement and Checklists found in the docket for this
action.
The EPA is authorizing Oregon's revised hazardous waste program in
its entirety through July 12, 2017, as described above.
B. What decisions has EPA made in this action?
EPA has reviewed Oregon's application to revise its authorized
program and has determined that it meets the statutory and regulatory
requirements established by RCRA. Therefore, EPA is granting Oregon
final authorization to operate its hazardous waste management program
with the changes described in the authorization revision application
and supporting materials. Oregon 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)) and for
carrying out the aspects of the RCRA program described in its revised
program application, subject to the limitations of the Hazardous and
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and
prohibitions imposed by Federal regulations that EPA promulgates under
the authority of HSWA, and which are not less stringent than existing
requirements, take effect in authorized States before the States are
authorized for the requirements. Thus, EPA will implement those
requirements and prohibitions in Oregon, including issuing permits,
until Oregon is granted authorization to do so.
C. What is the effect of this final authorization decision?
A person in Oregon 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 EPA for which
the State has not received authorization and RCRA requirements that are
not supplanted by the authorized State requirements. Oregon will
continue to have primary enforcement authority and responsibility for
its State hazardous waste program. EPA will maintain its authorities
under RCRA sections 3007, 3008, 3013, and 7003, including its authority
to:
Conduct inspections, and require monitoring, tests,
analyses and reports;
Enforce RCRA requirements, including authorized State
program requirements;
Suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations which EPA is proposing to
authorize in Oregon 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 five comments during the public comment period of
this action (86 FR 54894, October 5, 2021), four of which were
supportive, and one of which was opposed to this action. All the
comments received are included in the docket for this action.
The adverse commenter questioned EPA's authorization of Oregon's
rule conditionally excluding solvent-contaminated wipes from RCRA
[[Page 13646]]
requirements, stating: ``why is Oregon proposing a more stringent
ruling on solvent-contaminated wipes when they can easily be excluded
using broad language under the EPA?'' The commenter also raised
questions about how solvent-contaminated wipes would be managed under
Oregon's rule. According to the commenter, ``[t]he plan for how the
wipes will be taken care of now that they are classified as hazardous
waste should be addressed before the approval is completed for this
proposal.''
RCRA Section 3006 sets forth three criteria EPA must evaluate in
determining whether to authorize a State program: Whether the State
program is equivalent to the Federal program; whether the State program
is consistent with Federal or State programs applicable in other
States; and, whether the State program provides adequate enforcement of
compliance with RCRA requirements. In addition, under RCRA Section
3009, states may adopt RCRA programs that are more stringent than
Federal regulations, and EPA may authorize and enforce such more-
stringent regulations. See 40 CFR 271.1(i)(1).
As noted in EPA's proposed action and in this final authorization,
EPA has determined that Oregon's changes to its hazardous waste
program--including the State's adoption of the conditional exclusion
for solvent-contaminated wipes--meet the statutory criteria for
authorization under RCRA Sections 3006 and 3009. EPA's exclusion for
solvent-contaminated wipes is codified at 40 CFR 261.4(b)(18), and
Oregon adopts by reference that provision at OAR 340-100-0002(1), with
the exception of changes to the Federal rule identified at OAR 340-101-
0004(3) through (5), which eliminate certain disposal options from the
exclusion. In other words, Oregon's rules are consistent with EPA's
rules with regard to management of excluded solvent-contaminated wipes
and are more stringent with regard to their disposal. Thus, EPA has
determined that Oregon's requested changes to its hazardous waste
program are consistent with RCRA requirements and is finalizing
authorization of those changes in this action.
E. What has Oregon previously been authorized for?
Oregon initially received final authorization on January 30, 1986,
effective January 31, 1986 (51 FR 3779), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Oregon's program on March 30, 1990, effective on May 29,
1990 (55 FR 11909); August 5, 1994, effective October 4, 1994 (59 FR
39967); June 16, 1995, effective August 15, 1995 (60 FR 31642); October
10, 1995, effective December 7, 1995 (60 FR 52629); September 10, 2002,
effective September 10, 2002 (67 FR 57337); June 26, 2006 effective
June 26, 2006 (71 FR 36216); and January 7, 2010, effective January 7,
2010 (75 FR 918).
F. What changes is the EPA authorizing with this action?
EPA is authorizing revisions to Oregon's authorized RCRA program as
described in Oregon's official program revision application, submitted
to EPA on October 16, 2020, and deemed complete by EPA on November 19,
2020. EPA has determined that Oregon's hazardous waste management
program revisions as described in the October 16, 2020 State's
authorization revision application satisfy the requirements necessary
to quality for final authorization. Oregon'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, EPA is granting Oregon's request for RCRA program
authorization revision for the program changes as noted in Section A of
this document.
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,
determined functionally equivalent, and State rules that are more
stringent than the Federal program may be authorized, in which case
those provisions are federally enforceable.
The following Oregon provisions documented in this authorization
action are more stringent than the Federal program:
Oregon is more stringent than the Federal program at OAR
340-102-0041(2) by requiring annual reporting rather than biennial
reporting.
Oregon is more stringent than the Federal program at OAR
340-102-0200(4) which requires when opting-in to Subpart K, an eligible
academic entity is required to submit their completed Laboratory
Management Plan as defined in 40 CFR 262.214.
Oregon is more stringent than the Federal program at OAR
340-102-0200(2) which requires container labels be affixed or attached
to the container and eliminates the possibility of these labels being
associated with the wrong container.
Oregon is more stringent than the Federal program at OAR
340-101-0004(4) and (5) by requiring containers of solvent contaminated
wipes be either laundered or disposed as hazardous waste. Oregon does
not allow disposal of solvent contaminated wipes in a municipal
landfill or non-hazardous waste incinerator.
Oregon is broader in scope than the Federal program documented in
this authorization action by requiring academic laboratories that opt
into subpart K to obtain an EPA identification number.
H. Who handles permits after the final authorization takes effect?
Oregon will continue to issue permits for all the provisions for
which it is authorized and will administer the permits it issues.
Permits issued by EPA prior to authorizing Oregon for these revisions
would continue in force until the effective date of the State's
issuance or denial of a State hazardous waste management permit, at
which time, EPA would 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. EPA will not issue new permits or
new portions of permits for provisions for which Oregon is authorized
after the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which Oregon is
not yet authorized.
I. How does this action affect Indian country (18 U.S.C. 1151) in
Oregon?
Oregon is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes:
All lands within the exterior boundaries of Indian
reservations within or abutting the State of Oregon.
Any land held in trust by the U.S. for an Indian tribe;
and
Any other land, whether on or off an Indian reservation,
that qualifies as Indian country.
Therefore, this action has no effect on Indian country. EPA retains
jurisdiction over Indian country and will continue to implement and
administer the RCRA program on these lands.
[[Page 13647]]
J. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action will
authorize State requirements for the purpose of RCRA section 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. Accordingly, I
certify that this action will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531-1538). For the same reason, this action also does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action 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 the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely authorizes State requirements as
part of the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997) because it is not economically
significant, and it does not make decisions based on environmental
health or safety risks. This action 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 under Executive Order
12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for EPA, when
it reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in authorizing Oregon's updated RCRA program, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of this action in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR
1320.3(b).
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. Because this action authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
this action is not subject to Executive Order 12898.
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).
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Dated: March 4, 2022.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-05012 Filed 3-9-22; 8:45 am]
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