[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]
[Page 63253-63263]
[DOCID:fr30oc06-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8235-5]

Washington: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

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

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0810
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington
98101.
    Instructions: Direct your comments to EPA-10-RCRA-2006-0810. EPA's
policy is that all comments received will be included in the public
file without change and may be made available online at http://www.regulations.gov
, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov website is an ``anonymous access''

system which means that EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://www.regulations.gov
, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public file
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters and any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm    Docket: All documents in the docket are listed in the http://.

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy during normal business

hours at the U.S. Environmental Protection Agency, Region 10 Library,
1200 Sixth Avenue, Seattle, Washington, 98101, phone, and (206) 553-
1289. The EPA Region 10 Library is open from 9 a.m. to 12 p.m. and from
1 p.m. to 2:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10,
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122,
Seattle, Washington 98101, phone number<PHONE_NUMBER>, fax number
(206) 553-8509, e-mail<EMAIL_ADDRESS>or Patricia Hervieux,
Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington
98503, phone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask EPA to authorize the changes.
Changes to State programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must change their programs because
of changes to EPA's regulations in Title 40 of the Code of Federal

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

B. What Decisions Have We Made in This Rule?

    We conclude that Washington's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, with respect to these revisions, we are
granting Washington final authorization to operate its hazardous waste
program as described in the revision authorization application.
Washington's authorized program will be responsible for carrying out
the aspects of the RCRA program as described in its revised program
application, subject to the limitations of RCRA, including the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those HSWA requirements and prohibitions for which Washington
has not been authorized, including issuing HSWA permits, until the
State is granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

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

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

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

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

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

F. What Has Washington Previously Been Authorized for?

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

G. What Revisions Are We Authorizing With This Action?

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

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

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

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

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

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

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

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

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

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

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

and physical analysis of a representative sample of the waste, 40 CFR
264.13(2) states that the analysis may include data developed under 40
CFR part 261 and existing published or documented data on the hazardous
waste or on hazardous waste generated from similar processes. Federal
guidance allows the use of knowledge rather than direct testing under
certain circumstances (Waste Analysis at Facilities That Generate,
Treat, Store, and Dispose of Hazardous Waste--A Guidance Manual OSWER
9938.4-03, April 1994). Therefore, the State amended its rule to
require documentation when a TSD facility relies upon such knowledge
other than testing. The State rule clarifies when the use of knowledge,
as defined in WAC 173-303-040, is acceptable, and requires
documentation to ensure that such knowledge is sufficient and used
appropriately. Overall, EPA believes that the State rule ensures that
wastes will be properly designated and managed in a safe and protective
manner, and therefore we have determined that the State rule is
equivalent to the Federal program.
3. Broader in Scope
    States are not allowed to seek authorization for State requirements
that are broader in scope than Federal requirements. EPA does not have
authority to authorize and enforce those parts of a State's program EPA
finds to be broader in scope than the Federal program. However, they
remain part of the State's hazardous waste program and the regulated
community must comply with them in accordance with State law. Such
rules are identified in the State's authorization revision application,
and include, but are not limited to, the following:
    The State adopted the Federal Zinc Fertilizer Rule (67 FR 48393, 7/
24/02) but did not adopt the Federal exclusions found at 40 CFR
261.4(a)(20) and (21) for hazardous secondary materials used to make
zinc fertilizers. Therefore, the State rule as applied to waste
excluded under Federal rules is broader in scope than the Federal
requirements. Additionally, the State added a State-only provision at
WAC 173-303-505(1)(b)(iv) for waste-derived fertilizer registration
which is not a Federal requirement and is considered broader in scope
than the Federal program.
    The State adopted the Federal Hazardous Waste Combustors Revised
Standards (63 FR 33782, 6/19/98) but did not adopt the Federal
comparable or syngas fuel exclusion (40 CFR 261.38), and therefore is
broader in scope as applied to waste excluded under the Federal rules
because the State rule considers these wastes to be solid wastes.
4. Partial Rules Adopted
    In addition to the program differences described above, the State's
program has also elected to adopt portions of the following Federal
rules. We have found the State portions to these Federal rules to be
consistent with and equivalent to the Federal program.
    The State's program includes those requirements of the Federal
Waste Minimization Rule (50 FR 28702, 7/15/95) that are applicable to
owners and operators of hazardous waste TSD facilities. The Federal
waste minimization requirements applicable to generators (40 CFR
262.41(a)(6)-(8)) were not adopted by the State because generators must
comply with the State-only pollution prevention planning requirements.
    EPA implements the Boilers and Industrial Furnaces (BIF) program in
Washington State under its HSWA authority, although in order to fully
implement the BIF program the State must adopt and receive
authorization for the Non-HSWA Federal BIF requirements. In this
action, the State is not seeking authorization for the BIF program (40
CFR 266.102 through 40 CFR 266.111). Although, the State did not adopt
these Federal provisions, it did adopt the Non-HSWA Federal permit
modification provisions (40 CFR 270.42(g) and 40 CFR 270.42(j)) related
to boilers and industrial furnaces (WAC 173-303-830(4)(g) and WAC 173-
303-830(4)(j)).
5. Renumbering of Corrective Action Requirements
    In addition to authorizing the State's corrective action management
unit (CAMU) amendments, as identified in Table 1, Section G above, the
State regulations for corrective action that were located at WAC 173-
303-646 have been renumbered and restructured into eleven new sections.
See table at WAC 173-303-646 for cross-references between new and
previous State corrective action citations.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Washington will issue permits for all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that were issued prior to the effective
date of this authorization. EPA will not issue any new permits or new
portions of permits for the provisions listed in Section G after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Washington is not yet
authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Washington?

    EPA's decision to authorize the Washington hazardous waste program
does not include any land that is, or becomes after the date of this
authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, with
the exception of the non-trust lands within the exterior boundaries of
the Puyallup Indian Reservation (also referred to as the ``1873 Survey
Area'' or ``Survey Area'') located in Tacoma, Washington. EPA retains
jurisdiction over ``Indian Country''. Effective October 22, 1998 (63 FR
50531, 9/22/98) Washington's State program was authorized to implement
the State authorized program on the non-trust lands within the 1873
Survey Area of the Puyallup Indian Reservation. The authorization did
not extend to trust lands within the reservation. EPA retains its
authority to implement RCRA on trust lands and over Indians and Indian
activities within the 1873 Survey Area.

K. What Is Codification and Is EPA Codifying Washington's Hazardous
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in 40 CFR part 272. We reserve
the amendment of 40 CFR part 272, subpart WW, for this authorization of
Washington's program revisions until a later date.

II. Statutory and Executive Order Reviews

    This rule authorizes revisions to the State of Washington's
authorized hazardous waste program pursuant to section 3006 of RCRA and
imposes no requirements other than those currently imposed by State
law. This rule complies with applicable executive orders and statutory
provisions as follows.

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4,1993), the
Agency must determine whether the regulatory action is ``significant,''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant

regulatory action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more, or
adversely affect in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency; (3) materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs,
or the rights and obligations of recipients thereof; or (4) raise novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order. It has
been determined that this final rule is not a ``significant regulatory
action'' under the terms of Executive Order 12866 and is therefore not
subject to OMB review.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this final rule does not establish or modify any information or
recordkeeping requirements for the regulated community and only seeks
to authorize the pre-existing requirements under State law and imposes
no additional requirements beyond those imposed by State law.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing, and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business, as codified in the Small Business Size Regulations at 13 CFR
part 121; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. EPA has determined that this action
will not have a significant impact on small entities because the final
rule will only have the effect of authorizing pre-existing requirements
under State law. After considering the economic impacts of today's
rule, I certify that this action will not have a significant economic
impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. This rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. It imposes no new enforceable
duty on any State, local or tribal governments or the private sector.
Similarly, EPA has also determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, this rule is not subject to the
requirements of sections 202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, 8/10/
99), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government.'' This rule does
not have federalism implications. It will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government, as specified in
Executive Order 13132. This rule addresses the authorization of pre-
existing State rules. Thus, Executive Order 13132 does not apply to
this rule.

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, 11/9/00), requires EPA
to

develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' This rule does not have tribal implications, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.

7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045 applies to any rule that: (1) Is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to Executive Order 13045
because it is not economically significant as defined in Executive
Order 12866 and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, 5/22/01) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through the OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This rule does
not involve ``technical standards'' as defined by the NTTAA. Therefore,
EPA is not considering the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low Income Populations

    To the greatest extent practicable and permitted by law, and
consistent with the principles set forth in the report on the National
Performance Review, each Federal agency must make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health and environmental effects of its programs, policies, and
activities on minority populations and low-income populations in the
United States and its territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the
Mariana Islands. Because this rule addresses authorizing pre-existing
State rules and imposes no additional requirements beyond those imposed
by State law and there are no anticipated significant adverse human
health or environmental effects, the rule is not subject to Executive
Order 12898.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on the December 29, 2006.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians--lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: October 18, 2006.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
 [FR Doc. E6-18222 Filed 10-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30551-30553]
[FR Doc No: 2018-14020]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0239]
RIN 1625-AA00

Safety Zone; Tennessee River, Gilbertsville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tennessee River. This action is necessary to
provide for the safety of life on these navigable waters near the
Kentucky Dam Marina, Gilbertsville, KY, during a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative.

DATES: This rule is effective from 6:50 p.m. through 10:10 p.m. on June
30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0239 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST3 Joseph Stranc, Marine Safety Unit Paducah Waterways
Division, U.S. Coast Guard; telephone<PHONE_NUMBER> ext. 2124, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 17, 2018, the Kentucky Dam Marina notified the Coast
Guard that it would be conducting a fireworks display from 7 p.m.
through 10 p.m. on June 30, 2018. The fireworks are to be launched from
the break wall of Kentucky Dam Marina. In response, on April 26, 2018,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Tennessee River, Gilbertsville, KY (83 FR 18241). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended May 29, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with this fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the fireworks to be used in this
June 30, 2018 display will be a safety concern for anyone within a 350-
foot radius from the fireworks launch site on the Kentucky Dam Marina
break wall in Gilbertsville, KY. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the safety zone before,
during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
26, 2018. However, we have noticed an error in the title of the
proposed rule, which included ``Ohio'' River, instead of ``Tennessee''
River. The regulatory text of this rule corrects an error in the title
of the regulatory text of this temporary final rule.
    This rule establishes a temporary safety zone from 6:50 p.m.
through 10:10 p.m. on June 30, 2018. The safety zone will cover all
navigable waters within a 350-foot radius from the fireworks launch
site on the Kentucky Dam Marina break wall in Gilbertsville, KY. The
duration of the zone is intended to ensure the safety of vessels on
these navigable waters before, during, and after the scheduled
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. Persons or vessels desiring to enter into or pass
through the zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at 1-800-253-7465. If permission is granted, all persons and vessels
must transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or a designated representative. The COTP
or a designated representative will inform the public through Broadcast
Notice to Mariners (BNMs) of the enforcement period for the safety zone
as well as the date and time of enforcement.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone, which will
impact a 350-foot designated area of the Tennessee River for
approximately three hours on one evening. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine
channel 16 about the zone, and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting approximately three hours that will prohibit entry
within 350 feet of a break wall at Kentucky Dam Marina in
Gilbertsville, KY. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0239 to read as follows:

Sec.  165.T08-0239   Safety Zone; Tennessee River, Gilbertsville, KY.

    (a) Location. The following area is a safety zone: All navigable
waters of the Tennessee River at mile marker (MM) 23 within a 350-foot
radius from the fireworks launch site on the Kentucky Dam Marina break
wall in Gilbertsville, KY.
    (b) Effective date. This section is effective from 6:50 p.m.
through 10:10 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  [thinsp]165.23 of this part, entry into this zone is prohibited
unless authorized by the Captain of the Port Sector Ohio Valley (COTP)
or a designated representative.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels must transit
at their slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notice to
Mariners (BNMs) of the enforcement period for the safety zone as well
as the date and time of enforcement.

    Dated: June 19, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-14020 Filed 6-28-18; 8:45 am]
 BILLING CODE 9110-04-P