[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Proposed Rules]
[Page 34674-34682]
[DOCID:fr18jn10-26]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA 2010-0251; FRL-9160-7]

Washington: Proposed Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Washington has applied to EPA for final authorization of
certain changes to its hazardous waste management program under the
Resource Conservation and Recovery Act, as amended, (RCRA). EPA has
reviewed Washington's application and has preliminarily determined that
these changes satisfy all requirements needed to qualify for final
authorization and is proposing to authorize Washington's changes.

DATES: Comments on this proposed rule must be received by July 19,
2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R10-RCRA-2010-0251 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Nina Kocourek, U.S. Environmental Protection Agency,
Region 10, Office of Air, Waste & Toxics (AWT-122), 1200 Sixth Avenue,
Suite 900, Seattle, Washington 98101.
    Instructions: Direct your comments to Docket ID Number EPA-R10-
RCRA-2010-0251. EPA's policy is that all comments received will be
included in the public docket 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 Web site
is an ``anonymous access'' system, which means 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 docket 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 or 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://
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. You may view and copy
the Washington application, during normal business hours, at the U.S.
Environmental Protection Agency, Region 10, Office of Air, Waste &
Toxics, Mailstop AWT-122, 1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101, contact: Nina Kocourek, phone number:<PHONE_NUMBER>
or at the Washington State Department of Ecology, 300 Desmond Drive,
Lacey, Washington 98503, contact: Robert Rieck, phone number (360) 407-
6751.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. Environmental
Protection Agency, Region 10, Office of Air, Waste & Toxics (AWT-122),
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number:
(206) 553-6502, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
management 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 have preliminarily determined that Washington's application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant
Washington final authorization to operate its hazardous waste
management program with the changes as described in its revised program
application. Washington will have responsibility for permitting
treatment, storage, and disposal facilities (TSDFs) within its borders,
except in Indian country (18 U.S.C. 1151), and for carrying out the
aspects of the RCRA program described in its revised program
application, subject to the limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA). New Federal requirements and
prohibitions imposed by Federal regulations that EPA promulgates under
the authority of HSWA, which are more stringent than existing
requirements, take effect in authorized States before the State is
authorized for these requirements. Thus, EPA will implement those
requirements and prohibitions in Washington, including issuing permits,
until the State is granted authorization to do so.

C. What is the effect of this authorization decision?

    If Washington is authorized for these changes, a facility in
Washington subject to RCRA will have to comply with the authorized
State requirements instead of the corresponding Federal requirements in
order to comply with RCRA. Additionally, such persons will

have to comply with any applicable Federal requirements, such as HSWA
regulations issued by EPA for which the State has not received
authorization and RCRA requirements that are not supplanted by
authorized State-issued requirements. 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 include, among
others, authority to:
     Conduct inspections; require monitoring, tests, analyses,
or reports;
     Enforce RCRA requirements; suspend, terminate, modify or
revoke permits; and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    The proposed action to approve these revisions would not impose
additional requirements on the regulated community because the
regulations for which Washington will be authorized are already
effective under State law and are not changed by the act of
authorization.

D. What happens if EPA receives comments on this action?

    If EPA receives comments on this proposed action, we will address
those comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time.

E. What has Washington previously been authorized for?

    Washington initially received final authorization on January 30,
1986, effective January 31, 1986 (51 FR 3782), to implement the State's
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); April 14, 2006, effective June
13, 2006 (71 FR 19442) and on October 30, 2006 effective December 29,
2006 (71 FR 63253).

F. What changes are we proposing?

    On May 18, 2010, Washington submitted a hazardous waste management
program revision application seeking authorization of its changes in
accordance with 40 CFR 271.21. On May 28, 2010 we determined that
Washington's program revision application was complete. We have
preliminarily determined that Washington's hazardous waste management
program revision satisfies all requirements necessary to qualify for
final authorization. Therefore, we propose to grant Washington final
authorization for the following program changes as identified in Table
1 and Table 2 below. Note: The RCRA regulations the State is seeking
authorization for and are incorporated by reference are those as
published in 40 CFR parts 260 through 265, 268, 270, and 279, as of
July 1, 2007, unless otherwise noted; and all of the referenced
analogous State authorities were legally adopted and effective State
rules as of July 31, 2009.

                     Table 1--Equivalent and More Stringent Analogues to the Federal Program
----------------------------------------------------------------------------------------------------------------
                                                                                Analogous state
                                                                                authority--Washington's
 Regulatory  checklist       Federal requirements              Federal Register            administrative code
           1                                                                             (WAC) (WAC 173-303-* *
                                                                                *)
----------------------------------------------------------------------------------------------------------------
17S...................  HSWA Codification Rule--        50 FR 28702, 7/15/85..........  800(8); 800(12).
                         Exposure Information.
117B 2................  Toxicity Characteristic         57 FR 23062, 6/1/92...........  070(3) except
                         Amendment.                                                      070(3)(a)(iii) and
                                                                                070(3)(c).
203 2.................  Recycled used Oil Management    68 FR 44659, 7/30/03..........  070(8)(c); 515(3)
                         Standards; Clarification.                                       Incorporated by
                                                                                Reference (IBR) 045(1);
                                                                                515(11) IBR 045(1).
205...................  NESHAP: Surface Coating of      69 FR 22601, 4/26/04..........  691(1)(g); 400(3)(a).
                         Automobiles and Light-Duty
                         Trucks.
207 2 and 207.1 2.....  Uniform Hazardous Waste         70 FR 10766, 3/4/05 as amended  040 ``designated
                         Manifest Rule and Amendment.    on 6/16/05 at 70 FR 35034.      facility'' definition;
                                                                                040 ``manifest''
                                                                                definition; 040
                                                                                ``manifest tracking
                                                                                number'' definition;
                                                                                160(2)(a),
                                                                                160(2)(a)(ii),
                                                                                160(2)(a)(iii); 180,
                                                                                180(1), 180(7),
                                                                                180(7)(a) IBR 045(1),
                                                                                180(7)(b),
                                                                                180(7)(b)(i),
                                                                                180(7)(b)(ii),
                                                                                180(7)(b)(iii),
                                                                                180(7)(b)(iv),
                                                                                180(7)(c), 180(8),
                                                                                180(8)(a), 180(8)(b);
                                                                                190(3), 190(3)(b),
                                                                                190(4); 200, 200(6),
                                                                                200(6)(a), 200(6)(b);
                                                                                230 IBR 045(1), 230(2),
                                                                                230(2)(c), 230(2)(d),
                                                                                230(2)(e); 180(1) IBR
                                                                                045(1); 250, 250(1)(a),
                                                                                250(1)(b), 250(9),
                                                                                250(9)(a), 250(9)(b),
                                                                                250(9)(c), 250(9)(d),
                                                                                250(5), 250(6),
                                                                                250(6)(a), 250(6)(b),
                                                                                250(6)(b)(i),
                                                                                250(6)(b)(ii); 370,
                                                                                370(1); 370(2),
                                                                                370(2)(a), 370(2)(b),
                                                                                370(2)(c), 370(2)(d),
                                                                                370(2)(e), 370(3),
                                                                                370(4)(d), 370(8),
                                                                                370(5), 370(5)(a),
                                                                                370(5)(a)(i),
                                                                                370(5)(a)(ii),
                                                                                370(5)(a)(iii),
                                                                                370(5)(b), 370(5)(c),
                                                                                370(5)(d)(i),
                                                                                370(5)(d)(ii),
                                                                                370(5)(e),
                                                                                370(5)(e)(i),
                                                                                370(5)(e)(ii),
                                                                                370(5)(e)(iii),
                                                                                370(5)(e)(iv),
                                                                                370(5)(e)(v),
                                                                                370(5)(e)(vi),
                                                                                370(5)(e)(vii),
                                                                                370(5)(f),
                                                                                370(5)(f)(i),
                                                                                370(5)(f)(ii),
                                                                                370(5)(f)(iii),
                                                                                370(5)(f)(iv),
                                                                                370(5)(f)(v),
                                                                                370(5)(f)(vi),
                                                                                370(5)(f)(vii),
                                                                                370(5)(g); 390(1),
                                                                                390(1)(a), 390(1)(b),
                                                                                390(1)(c), 390(1)(d),
                                                                                390(1)(e), 390(1)(f),
                                                                                390(1)(g).
209 2.................  Universal Waste Rule: Specific  70 FR 45508, 8/5/05...........  040 ``mercury-containing
                         Provisions for Mercury                                          equipment'' definition;
                         Containing Equipment.                                           040 ``universal waste''
                                                                                definition; 077(2);
                                                                                600(3)(o)(ii);
                                                                                400(2)(c)(xi)(B);
                                                                                140(2)(a) IBR 045(1);
                                                                                800(7)(c)(iii)(B);
                                                                                573(1)(a)(ii),
                                                                                573(3)(a), 573(3)(b),
                                                                                573(3)(b)(i),
                                                                                573(3)(b)(ii),
                                                                                573(3)(b)(iii),
                                                                                573(3)(c)(i),
                                                                                573(3)(c)(ii); 040
                                                                                ``ampule'' definition;
                                                                                040 ``large quantity
                                                                                handler of universal
                                                                                waste'' definition; 040
                                                                                ``mercury containing
                                                                                equipment'' definition;
                                                                                040 ``small quantity
                                                                                handler of universal
                                                                                waste'' definition; 040
                                                                                ``universal waste''
                                                                                definition; 573(9)(b),
                                                                                573(9)(b)(i),
                                                                                573(9)(b)(ii),
                                                                                573(9)(b)(ii)(A),
                                                                                573(9)(b)(ii)(B),
                                                                                573(9)(b)(ii)(C),
                                                                                573(9)(b)(ii)(D),
                                                                                573(9)(b)(ii)(E),
                                                                                573(9)(b)(ii)(F),
                                                                                573(9)(b)(ii)(G),
                                                                                573(9)(b)(ii)(H),
                                                                                573(9)(b)(iii),
                                                                                573(9)(b)(iii)(A),
                                                                                573(9)(b)(iii)(B),
                                                                                573(9)(b)(iv)(A),
                                                                                573(9)(b)(iv)(A)(I),
                                                                                573(9)(b)(iv)(A)(II),
                                                                                573(9)(b)(iv)(B),
                                                                                573(9)(b)(iv)(C),
                                                                                573(10)(b)(i),
                                                                                573(10)(b)(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),
                                                                                573(20)(b)(ii)(B),
                                                                                573(20)(b)(ii)(C),
                                                                                573(20)(b)(ii)(D),
                                                                                573(20)(b)(ii)(E),
                                                                                573(20)(b)(ii)(F),
                                                                                573(20)(b)(ii)(G),
                                                                                573(20)(b)(ii)(H),
                                                                                573(20)(b)(iii),
                                                                                573(20)(b)(iii)(A),
                                                                                573(20)(b)(iii)(B),
                                                                                573(20)(b)(iv)(A),
                                                                                573(20)(b)(iv)(A)(I),
                                                                                573(20)(b)(iv)(A)(II),
                                                                                573(20)(b)(iv)(B),
                                                                                573(20)(b)(iv)(C),
                                                                                573(21)(b)(i),
                                                                                573(21)(b)(ii).

212...................  NESHAP: Final Standards for     70 FR 59402, 10/12/05.........  110(1), 110(3)(g)(viii);
                         Hazardous Waste Combustors                                      670(1)(b)(i),
                         (Phase I Final Replacement                                      670(1)(b)(v); 400(3)(a)
                         Standards and Phase II).                                        IBR 045(1); 110(1),
                                                                                110(3),
                                                                                110(3)(g)(viii); 806
                                                                                (17), 806(17)(a),
                                                                                806(17)(a)(i),
                                                                                806(17)(a)(ii),
                                                                                806(17)(a)(iii),
                                                                                806(17)(a)(iv),
                                                                                806(17)(a)(v),
                                                                                806(17)(a)(vi),
                                                                                806(17)(a)(vii),
                                                                                806(17)(a)(viii),
                                                                                806(17)(a)(ix),
                                                                                806(17)(b),
                                                                                806(4)(f)(v),
                                                                                806(4)(n),
                                                                                806(4)(j)(iv)(C),
                                                                                806(4)(k)(v)(C);
                                                                                815(2)(b)(iii);
                                                                                830(4)(j)(i),
                                                                                830(4)(j)(ii),
                                                                                830(4)(j)(iii),
                                                                                830(4)(k),
                                                                                830(4)(k)(i),
                                                                                830(4)(k)(i)(A),
                                                                                830(4)(k)(i)(B),
                                                                                830(4)(k)(i)(C),
                                                                                830(4)(k)(i)(D),
                                                                                830(4)(k)(ii),
                                                                                830(4)(k)(ii)(A),
                                                                                830(4)(k)(ii)(B), 830
                                                                                Appendix L 10; 807
                                                                                introductory text; 811
                                                                                IBR 045(1), 841 IBR
                                                                                045(1).
213 2.................  Burden Reduction Initiative...  71 FR 16862, 4/4/06...........  040 ``performance track
                                                                                member facility''
                                                                                definition;
                                                                                017(5)(b)(ii)(B),
                                                                                017(5)(b)(ii)(C),
                                                                                017(5)(b)(ii)(D),
                                                                                017(5)(b)(ii)(E),
                                                                                017(5)(b)(ii)(F),
                                                                                017(5)(b)(ii)(G);
                                                                                071(3)(w)(iii)(E),
                                                                                071(3)(s)(ix);
                                                                                320(2)(c); 330(i);
                                                                                350(2); 360(2)(j);
                                                                                380(1), 380(1)(a),
                                                                                380(1)(b), 380(1)(f),
                                                                                380(1)(g), 380(1)(i);
                                                                                645(9)(d),
                                                                                645(9)(g)(ii),
                                                                                645(9)(g)(iii),
                                                                                645(10)(f), 645(10)(g),
                                                                                645(10)(h)(iii)(A),
                                                                                645(10)(h)(iii)(B),
                                                                                645(11)(g);
                                                                                610(4)(e)(v), 610(6),
                                                                                610(11); 620(4)(b),
                                                                                620(6)(b), 620(8)(e);
                                                                                630(6); 640(2)(a);
                                                                                640(2)(c)(v)(B),
                                                                                640(3)(a), 640(3)(c),
                                                                                640(4)(a)(i),
                                                                                640(4)(a)(ii),
                                                                                640(6)(b),
                                                                                640(6)(b)(ii),
                                                                                640(6)(b)(i),
                                                                                640(6)(b)(iii),
                                                                                640(4)(f), 640(6)(c),
                                                                                640(6)(d), 640(7)(f);
                                                                                660(2)(j); 655(8)(b);
                                                                                140(4)(b)(i),
                                                                                140(4)(b)(ii),
                                                                                140(4)(b)(iii),
                                                                                140(4)(b)(iv),
                                                                                140(4)(b)(v),
                                                                                140(4)(b)(v)(A),
                                                                                140(4)(b)(v)(B);
                                                                                670(4)(a)(ii),
                                                                                670(7)(c); 64690 IBR
                                                                                045(1); 675(2)(a),
                                                                                675(2)(b), 675(2)(c),
                                                                                675(4)(a)(iv)(B),
                                                                                675(4)(g), 675(5)(a);
                                                                                691(2) IBR 045(1); 695
                                                                                IBR 045(1); 400(3)(a)
                                                                                IBR 045(1),
                                                                                400(3)(c)(v)(A),
                                                                                400(3)(c)(v)(B),
                                                                                400(3)(c)(v)(D),
                                                                                400(3)(c)(v)(E),
                                                                                400(3)(c)(vi)(C),
                                                                                400(3)(c)(vi)(D),
                                                                                400(3)(c)(vi)(E),
                                                                                400(3)(c)(vii)(C),
                                                                                400(3)(c)(vii)(D),
                                                                                400(3)(c)(vii)(E),
                                                                                400(3)(c)(viii)(A),
                                                                                400(3)(c)(ix)(B),
                                                                                400(3)(c)(ix)(C),
                                                                                400(3)(c)(ix)(D),
                                                                                400(3)(c)(ix)(E),
                                                                                400(3)(c)(ix)(G),
                                                                                400(3)(c)(ix)(H),
                                                                                400(3)(c)(ix)(I),
                                                                                400(3)(c)(ix)(J),
                                                                                400(3)(c)(ix)(K),
                                                                                400(3)(c)(ix)(L),
                                                                                400(3)(c)(x),
                                                                                400(3)(c)(xi)(A),
                                                                                400(3)(c)(xii)(B),
                                                                                400(3)(a)(xiii),
                                                                                400(3)(a)(xiii)(B);
                                                                                140(4)(b)(i),
                                                                                140(4)(b)(ii),
                                                                                140(4)(b)(iii),
                                                                                140(4)(b)(iv),
                                                                                140(4)(b)(v),
                                                                                140(4)(b)(v)(A),
                                                                                140(4)(b)(v)(B);
                                                                                400(3)(c)(xviii)(A),
                                                                                400(3)(c)(xviii)(B),
                                                                                400(3)(c)(xviii)(C),
                                                                                400(3)(c)(xviii)(D),
                                                                                400(3)(c)(xviii)(E),
                                                                                400(3)(c)(xviii)(F),
                                                                                400(3)(c)(xx)(B),
                                                                                400(3)(c)(xx)(A),
                                                                                400(3)(c)(xx)(C),
                                                                                400(3)(c)(xxii)(A),
                                                                                400(3)(c)(xxii)(B);
                                                                                140(2)(c) IBR 045(1),
                                                                                140(2)(d) IBR 045(1),
                                                                                140(2)(e) IBR 045(1),
                                                                                140(2)(a) IBR 045(1),
                                                                                140(2)(f) IBR 045(1);
                                                                                806(4)(a),
                                                                                806(4)(c)(i),
                                                                                806(4)(l)(iii)(O);
                                                                                830(1).
214 2.................  Corrections to Errors in the    71 FR 40254, 7/14/06..........  040 ``incompatible
                         Code of Federal Regulations.                                    waste'' definition; 040
                                                                                ``personnel or facility
                                                                                personnel'' definition;
                                                                                040 ``universal waste''
                                                                                definition; 040 ``used
                                                                                oil'' definition;
                                                                                525(2), 525(3)
                                                                                introductory paragraph;
                                                                                016(5)(a); 070(3);
                                                                                016(5)(a)(i)(B);
                                                                                071(3)(aa)(i)(B),
                                                                                071(3)(aa)(ii),
                                                                                071(3)(aa)(ii)(A),
                                                                                071(3)(aa)(ii)(B),
                                                                                071(3)(aa)(ii)(C),
                                                                                071(3)(aa)(ii)(D),
                                                                                071(3)(aa)(ii)(E),
                                                                                071(3)(aa)(ii)(F),
                                                                                071(3)(g)(i),
                                                                                071(3)(r)(ii)(F),
                                                                                071(3)(r)(iii)(A);
                                                                                120(3)(b), 120(3)(d),
                                                                                120(3)(g), 120(3)(f),
                                                                                120(4)(c);
                                                                                090(5)(a)(iii),
                                                                                090(5)(a)(iii)(A),
                                                                                090(5)(a)(iii)(B),
                                                                                090(5)(a)(iii)(B)(I),
                                                                                090(5)(a)(iii)(B)(II),
                                                                                090(5)(a)(iii)(B)(III),
                                                                                090(5)(a)(iii)(B)(IV),
                                                                                090(5)(a)(iv),
                                                                                090(5)(a)(iv)(A),
                                                                                090(5)(a)(iv)(B),
                                                                                090(5)(a)(iv)(C),
                                                                                090(5)(a)(iv)(D),
                                                                                090(5)(a) Note 1,
                                                                                090(5)(a) Note 2,
                                                                                090(5)(a) Note 3,
                                                                                090(5)(a) Note 4,
                                                                                090(8)(b); 9904
                                                                                Footnote; 081(2)(a),
                                                                                81(2)(a)(i); 9903
                                                                                Introductory, 9903;
                                                                                081(1); 082(4) IBR
                                                                                045(1); 9905;
                                                                                200(1)(b)(i),
                                                                                200(1)(b)(ii),
                                                                                200(1)(b)(iii),
                                                                                200(1)(b)(iv),
                                                                                200(1)(b)(v); 230(1)
                                                                                IBR 045(1); 600(3)(f),
                                                                                600(5); 280(2);
                                                                                300(5)(h)(iii)(B);
                                                                                395(1)(a); 282(3)(g),
                                                                                282(6)(c)(i)(A);
                                                                                645(8)(a)(i),
                                                                                645(8)(a)(i)(A),
                                                                                645(8)(i)(v),
                                                                                645(9)(a)(ii),
                                                                                645(9)(g)(iv)(A),
                                                                                645(10)(h)(ii);
                                                                                64610(3); 610(2)(b),
                                                                                610(3)(a)(ix), 610(6),
                                                                                610(9), 610(8)(c),
                                                                                610(10)(b)(i)(B);
                                                                                620(1)(d)(i),
                                                                                620(3)(c)(ii),
                                                                                620(4)(b) IBR 045(1),
                                                                                620(6)(b) IBR 045(1),
                                                                                620(8)(b) IBR 045(1),
                                                                                620(10) IBR 045(1);
                                                                                630(7)(a)(i);
                                                                                640(4)(c)(iv),
                                                                                630(4)(d)(iv),
                                                                                640(4)(e)(ii)(B),
                                                                                640(4)(e)(ii)(C),
                                                                                640(4)(e)(ii)(E)(I),
                                                                                640(4)(e)(ii)(E)(II),
                                                                                640(4)(e)(iii)(A),
                                                                                640(4)(e)(iii)(B),
                                                                                640(4)(g)(i)(C),
                                                                                640(4)(g)(i)(D),
                                                                                640(4)(g)(ii)(A)(I);
                                                                                650(2)(j)(i)(B),
                                                                                650(2)(j)(iii)(B),
                                                                                650(2)(I)(i),
                                                                                650(2)(I)(ii)(B),
                                                                                650(2)(I)(ii)(C),
                                                                                650(11)(b)(i),
                                                                                650(4)(a)(ii);
                                                                                660(2)(a)(ii)(A)(I),
                                                                                660(3)(a), 630(3)(b),
                                                                                660(10)(b);
                                                                                655(8)(a)(vii),
                                                                                655(8)(d), 655(12)(a);
                                                                                665(2)(h)(ii),
                                                                                665(2)(j)(ii)(B),
                                                                                665(8)(a), 665(8)(b),
                                                                                665(9)(b)(i);
                                                                                140(4)(b)(v)(B);
                                                                                665(11)(a); 670(5)(b);
                                                                                64660(3)(d)(iii),
                                                                                64660(3)(d)(iv)(F),
                                                                                64660(3)(f)(ii)(E);
                                                                                64680(5); 64690 IBR
                                                                                045(1); 646910(5)(f);
                                                                                675(4)(a)(i),
                                                                                675(4)(a)(iv)(A),
                                                                                675(4)(a)(v),
                                                                                675(4)(b),
                                                                                675(4)(m)(ii),
                                                                                675(4)(m)(iii); 680(1),
                                                                                680(2)(a),
                                                                                680(2)(b)(xi),
                                                                                680(2)(c)(iv);
                                                                                690(1)(c), 690(2) IBR
                                                                                045(1); 691(1)(f),
                                                                                691(2) IBR 045(1);
                                                                                692(1)(a), 692(1)(c),
                                                                                692(2) IBR 045(1); 695
                                                                                IBR 045(1); 380(2)(c),
                                                                                380(2)(d);
                                                                                400(2)(c)(ii);
                                                                                290(1)(a); 310(2)(b);
                                                                                330(1)(c)(ii);
                                                                                400(3)(a) IBR 045(1);
                                                                                360(2)(b);
                                                                                400(3)(c)(viii),
                                                                                400(3)(c)(ix)(G),
                                                                                400(3)(c)(ix)(K),
                                                                                400(3)(c)(xviii)(C);
                                                                                380(2)(c), 380(2)(d);
                                                                                525(1)(a); 140(2)(a)
                                                                                IBR 045(1); 803(2);
                                                                                800(2); 802(2);
                                                                                800(7)(c)(i); 040 ``on-
                                                                                site'' definition, 040
                                                                                ``publicly owned
                                                                                treatment works
                                                                                (POTW)''; 806(12);
                                                                                810(13)(a);
                                                                                803(3)(k)(vii);
                                                                                806(4)(a);
                                                                                282(6)(a)(i);
                                                                                806(4)(a)(xviii)(C),
                                                                                806(4)(a)(xxvi),
                                                                                806(4)(d)(vii),
                                                                                806(4)(e)(ii),
                                                                                806(4)(e)(viii),
                                                                                806(4)(g)(viii)(B)(vii)
                                                                                (A),
                                                                                806(4)(g)(viii)(B)(vii)
                                                                                (B),
                                                                                806(4)(g)(viii)(B)(vii)
                                                                                (C),
                                                                                806(4)(g)(viii)(B)(vii)
                                                                                (D), 806(4)(I)(iii)(O);
                                                                                815(3)(b); 282(2)(i);
                                                                                830(4)(d)(ii)(A), 830
                                                                                Appendix I; 805(1)(b),
                                                                                805(7)(b)(ii); 040
                                                                                ``Universal Waste''
                                                                                definition; 573(10)(a),
                                                                                573(21)(a); 515(2) IBR
                                                                                045(1), 515(5)(e),
                                                                                515(4) IBR 045(1),
                                                                                515(4) Table 1, 515(8)
                                                                                IBR 045(1), 515(9) IBR
                                                                                045(1), 515(10) IBR
                                                                                045(1), 515(11) IBR
                                                                                045(1).
215 2.................  Cathode Ray Tubes Rule........  71 FR 42928, 7/28/06..........  040 ``cathode ray tube''
                                                                                definition; 040 ``CRT
                                                                                collector'' definition;
                                                                                040 ``CRT glass
                                                                                manufacturer''
                                                                                definition; 040 ``CRT
                                                                                processing''
                                                                                definition;
                                                                                071(3)(oo)(i),
                                                                                071(3)(oo)(ii),
                                                                                071(3)(oo)(iii),
                                                                                071(3)(oo)(iv).

217 2.................  NESHAP: Final Standards for     73 FR 18970, 4/8/08...........  670(1), 670(1)(b)(i),
                         Hazardous Waste Combustors                                      670(1)(b)(iii),
                         (Phase I Final Replacement                                      670(1)(b)(v).
                         Standards and Phase II)
                         Amendments.
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory Checklist is a document that addresses specific changes made to the Federal regulations by one or
  more related final rules published in the Federal Register. EPA develops these checklists as tools to assist
  States in developing their authorization application and in documenting specific State regulations analogous
  to the Federal regulations. For more information on EPA's RCRA State Authorization Guidance see http://
  www.epa.gov/epawaste/osw/laws-regs/State/index.htm.
\2\ State rule contains more stringent provisions. For identification of the more stringent State provisions
  refer to the Docket ID Number EPA-R10-RCRA-2010-0251 for this proposed rule.

                    Table 2--State Initiated Changes
------------------------------------------------------------------------
State citation--Washington's
  administrative code (WAC)     Reason for change   Analogous federal 40
     (WAC 173-303-* * *)                                CFR citation
------------------------------------------------------------------------
030.........................  Clarification--Add    260 related.
                               acronyms (PODC,
                               DRE, APTI, MACT,
                               TEQ, CAMU, TU).
040.........................  Clarify definition    262.10.
                               for Closure--update
                               to clarify closure
                               applies to
                               recyclers, some
                               generators and some
                               transporters.
040.........................  Compliance            260 related.
                               Procedure--removed
                               the cited dates and
                               added RCW title.
040.........................  Person definition--   260.10.
                               Updated to match
                               Federal rule.
040.........................  Staging Pile          260.10.
                               definition--Updated
                               to match Federal
                               rule.
040.........................  Surface Impoundment   260.10.
                               definition--Change
                               language to reflect
                               Federal definition
                               by deleting the
                               word ``dangerous''.
045.........................  Incorporation by      260-280 related.
                               reference updated
                               to July 2007.
070(7)(c)...................  Clarify that          261/5(c) Intro.
                               counting exclusion
                               applies to permit-
                               by-rule (PBR), not
                               to treatment by
                               generator activity.
070(8)(d)...................  Citations corrected   261.5 related.
                               for used oil burned
                               for energy recovery.
071(3)(cc)(ii)..............  Deletion of           261.4(a)(12)(i),
                               incorrect NAICS       261.4(a)(12)(ii).
                               codes--487110,
                               722310, 425110.
081(1), 081(1)(a) and 082(1)  Clarification on      261.33, 261.31(a).
                               appropriate
                               commercial chemical
                               product waste code.
*083(2)(b)(iii)(A&(B).......  Clarification--SW-84  261.35(b)(2)(iii)(A)
                               6 is incorporated     ,
                               by reference at       261.35(b)(2)(iii)(B
                               110(3)(a).            ).
*090(5)(a)(i) and (6)(a)(i),  Clarification--SW-84  261.21(a)(1),
 & (iii).                      6 test method is      261.22(a)(1),
                               incorporated by       261.22(a)(2).
                               reference at 110(3)
                               Updates to ASTM and
                               NACE procedures.
090(6)(a)(ii)...............  Clarify that the      261.22(a)(1) and
                               NACE test method is   (2).
                               the same as SW-846
                               Method 1110A.
110 title...................  First sentence        260.1, 270.6
                               revised by adding     related.
                               word ``analytes''.
110(2)(a)(vi), (2)(b).......  Clarification on      260.11, 261
                               selection of          (Appendix I,
                               sampling device       Index).
                               Reference to AC&D
                               liquid sample
                               removed.
*110(3)(a)..................  Added ``IIIB          260.11(a) through
                               Update'' and          (g), related.
                               ``Final Update IV''
                               to SW 846 reference.
110(3)(c)...................  Chemical Testing      Previously
                               Methods guidance      authorized as and
                               revisions and         currently related
                               updates.              to 40 CFR 261
                                                     Appendix 1--Test
                                                     Methods.
*110(3)(f)..................  Clarification--Use    260.11 Appendix III.
                               test methods in SW-
                               846 Chapter 2 for
                               identifying toxic
                               constituents.
110(3)(e) through (h).......  Updated referenced    260.11.
                               test methods to
                               latest revision
                               date.
110(3)(g)(x)................  Duplicate deleted     260.11(15).
                               [see
                               110(3)(g)(vii)].
110(5)......................  Citation correction   260.21.
                               from ``to approve''
                               to ``approval for
                               the use of'' an
                               equivalent testing
                               method by
                               submitting a
                               petition.
110(6)......................  Clarification--Test   Technical
                               method results need   clarification,
                               to be reported on a   consistent with and
                               dry weight basis.     no less stringent
                                                     than the Federal
                                                     program, related to
                                                     260.21.

110(7)......................  ``Ground-Water        264 Appendix IX.
                               Monitoring List''
                               Appendix IX to 40
                               CFR part 264 is
                               replaced with the
                               version in Appendix
                               5 of the State's
                               ``Chemical Testing
                               Methods for
                               Designating
                               Dangerous Waste,
                               Publication 97-407, June
                               2009'' which is
                               incorporated by
                               reference into the
                               WAC at 173-303-
                               110(1).
120(4)(c)...................  Correct second        261.6(c)(2).
                               repeated (c)(vii)
                               by renumbering as
                               (c)(ix).
*140(2)(a)..................  Clarify that section  268 related,
                               110 test methods      conforming change
                               must be used.         to reflect
                                                     retention of use of
                                                     SW-846 methods.
140(4)(b)(iv)(B)(I).........  ASTM Test method      264.314(e).
                               update.
200(1)(b)(ii) & (iii)         Delete ``stress of    262.34(a)(1)Intro,
 200(4)(a)(iv)(A)(II).         installation''        262.34(a)(1)(ii),
                               phrase and insert     262.34(a)(1)(iii).
                               in 640 and 675.
200(1)(b)(iv)...............  Correct the Federal   262.34(a)(1)(iv).
                               references by
                               substituting State
                               citations for
                               closure and
                               financial
                               assurance. The word
                               ``shall'' was
                               changed to ``must''.
270(3)......................  49 CFR 171.16         263.30(c)(2).
                               reference--updated
                               transporter spill
                               reporting address
                               and method.
281(4)......................  Citations corrected   124.31(a).
                               from WAC 173-303-
                               840 to WAC 173-303-
                               830.
*300(5)(f)..................  Clarify that section  264.13(b)(6),
                               110 test methods      265.13(b)(6),
                               must be where         264.73(b)(3),
                               specific WAC          265.73(b)(3),
                               citations are         conforming change
                               referenced.           to reflect
                                                     retention of use of
                                                     SW-846 methods.
310(1)......................  Reworded to be        264.14, 265.14.
                               consistent with
                               Federal rule.
*380(1)(c)..................  Clarify that section  264.73(b)(3),
                               110 test methods      265.73(b)(3),
                               must be used where    conforming change
                               specific 40 CFR       to reflect
                               citations are         retention of use of
                               referenced.           SW-846 methods.
*380(1)(f)..................  Add ``incorporated    264.73(b)(6),
                               by reference'' for    265.73(b)(6),
                               clarity and           conforming change
                               clarified that        to reflect
                               section 110 test      retention of use of
                               methods must be       SW-846 methods.
                               used where specific
                               WAC citations are
                               referenced.
380(2)(c)...................  Add ``tons (2000      264 Appendix I (2)
                               lbs)'' to unit of     Table 1, 265
                               measure Table 1.      Appendix I (2)
                                                     Table 1.
400(2)(c)(xiv) 400(2)(c)(xv)  Language added for    265.1(c)(5).
                               equivalence with
                               Federal rule.
400(3)(c)...................  Added the word        265 related--more
                               ``qualified'' to      stringent State
                               the description of    requirement.
                               an independent
                               registered
                               professional
                               engineer. This
                               occurs nineteen
                               times in the sub
                               subsection.
*400(3)(c)(iii).............  Clarify that section  265 related,
                               110 test methods      conforming change
                               must be used where    to reflect
                               specific 40 CFR 265   retention of use of
                               subparts are          SW-846 methods.
                               referenced.
400(3)(c)(iv) Moved from      Reference regarding   265.19.
 (3)(c)(x).                    Subpart B is
                               changed because the
                               only part of
                               Subpart B that is
                               incorporated by
                               reference is 265.19.
400(3)(c)(xiii)(A)..........  Correction--the word  265.300 Subpart N--
                               carbonaceous          Landfills, related.
                               replaces carcinogen.
505(1)(b)(iv)...............  Citation corrected..  266.20.
506(3)(vii).................  Deleted CFC           264.110, 265.110
                               recycling exception   Subpart G related,
                               from closure and      264.140, 265.140
                               financial             Subpart H related.
                               responsibility
                               requirements.
510(1)(b)(i)(B).............  Correct internal      260.30(b)
                               citation.             Introduction,
                                                     260.30(b)(1),
                                                     266.100(b)(1).
*515(3).....................  Clarify that section  279.10, conforming
                               110(3) test methods   change to reflect
                               must be used.         retention of use of
                                                     SW-846 methods.
*515(4).....................  Clarify that section  279.11, conforming
                               110(3) test methods   change to reflect
                               must be used.         retention of use of
                                                     SW-846 methods.
*515(8), (9), (10) and        Clarify that section  279.40-47, 279.50-
 (13)(b).                      110(3) test methods   59, 279.60-67,
                               must be used.         279.10, conforming
                                                     change to reflect
                                                     retention of use of
                                                     SW-846 methods.
610(3)(a)(ix),                Citation corrected..  264.112 related.
 (3)(b)(ii)(D), (8)(b)(iv),
 and (8)(d)(ii)(D).
610(6) & (11)...............  Add ``qualified'' to  264.115, 264.120--
                               PE description.       more stringent
                                                     State requirement.
610(12)(e) 620(1)(e)(ii)....  Correction--change    264.143.
                               ``resource
                               reclamation units''
                               to ``recycling
                               units''.
620(4)(d)(iv)...............  Clarification that    264.143.
                               corporate
                               guarantors are also
                               subject to a
                               minimum net worth
                               criteria.

620(4)(c) 620(4)(e)(i)        New financial         264.143.
 620(4)(f).                    instrument option--
                               ``assigned security
                               deposit'' for used
                               oil processors and
                               recyclers.
620(4)(d)(i)................  Clarification that    264.143.
                               used oil processors
                               may use partially
                               funded trust funds.
620(4)(d)(iv)...............  Clarification that    264.143.
                               corporate
                               guarantors are also
                               subject to a
                               minimum net worth
                               criteria.
620(5)(c), 620(5)(d), 620(7)  Edit--add hyphen to   264.143.
                               post-closure.
*640(1)(b)..................  Provide title for     264.190.
                               test method
                               Clarification that
                               SW-846 is
                               incorporated by
                               reference.
*645(4)(a) and (b)            Note that the 40 CFR  264 Appendix IX.
 *645(9)(g)(ii), (iii) and     264 Appendix IX
 (iv)(A) 645(10)(g) 64610(4)   Ground-Water
 806(4)(a)(xx)(D)(II).         monitoring list is
                               included as
                               Appendix 5 in the
                               ``Chemical Testing
                               Methods for
                               Dangerous Waste,
                               Publication 97-407, June
                               2009'', which is
                               incorporated by
                               reference at WAC
                               173-303-110(1).
645(8)(c)...................  Update reference to   264.97(c).
                               Chapter 173-160 WAC.
640(4)(c)(i) & 675(4)(a)(v).  Relocate ``stress of  264.573. 264.193.
                               installation''
                               phrase from 200.
64660(3)(d)(iv)(F)..........  Correct ``SW846'' to  264.552 related
                               read ``SW-846''.      (CAMU).
665(13).....................  New subsection Added  264.314.
                               a reference to the
                               liquid waste
                               disposal provision
                               in 140(4)(b).
*690 *691...................  Deleted proposed      264.1030, 264.1050
                               language requiring    (Air Emissions for
                               use of 110(3)(a)      Vents, and
                               test methods.         Equipment Leaks).
806(2)(a)...................  Citation corrected..  270.10.
*806(4)(f)(iii)(A)(III).....  Clarification that    270.19.
                               equivalent
                               analytical
                               techniques must be
                               approved by ecology.
806(8)......................  Updated permit        270.10(c).
                               application
                               requirements for
                               consistency with
                               Federal rule and
                               clarified that
                               facilities must
                               consult with
                               Ecology about
                               submittal of
                               exposure
                               information.
*807(2)(a)(iii).............  Clarification that    270.62.
                               equivalent
                               analytical
                               techniques must be
                               approved by Ecology.
810(11)(c)..................  Duplicate provision   270.30(j)(2).
                               deleted.
810(16).....................  Citation corrected..  270.30(m).
830(4)(b)(vii)..............  Citation corrected..  270.42(b) related.
*910(2)(d)..................  Clarify that          260.20(a),
                               approved equivalent   260.21(d).
                               test methods will
                               be incorporated at
                               110(3).
910(3)......................  Clarify that          260.22(d)(1)(i).
                               exemption petitions
                               also go to EPA for
                               Federal listed
                               wastes.
9901; 9902..................  Delete obsolete       260 Appendix I,
                               title.                related.
------------------------------------------------------------------------
* These State citations were amended to clarify that SW-846 test methods
  must be used, or in some cases requiring the use of test methods
  specifically called out in WAC 173-303-110.

G. Where are the revised State rules different from the Federal rules?

    This section does not discuss all the program differences, because
in most instances Washington writes its own version of the Federal
hazardous waste rules. This section highlights those more notable
differences between the revised State rules and the Federal rules. The
State regulations that EPA is proposing to authorize are located in
Tables 1 and 2 in Section F above, and by viewing the Docket. There are
certain portions of the Federal program which 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. For example, 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. However, the State
rules found at WAC 173-303-230 reference EPA's export and import
requirements and the State has amended these references to include
those changes promulgated in the Federal rule ``Corrections to Errors
in the Code of Federal Regulation, (71 FR 40254, 7/14/06)''.
    The State did not adopt the Federal Methods Innovation Rule (70 FR
34537, 6/14/05) which amended a variety of testing and monitoring
requirements found in RCRA and removed from the Federal regulations a
requirement to use the methods found in ``EPA's Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' also known as
``SW-846'' in conducting various testing and monitoring. The State
retained the RCRA-related sampling and analysis requirement to use the
testing methods found in ``SW-846,'' and EPA considers these changes to
be state-initiated changes within the scope of Ecology's existing
authorization that are consistent with and no less stringent than the
Federal program. (Note: The State does have an existing state-only
petition process for deviating from ``SW-846'' for equivalent testing
methods, found at WAC 173-303-110(5) which is not part of its state-
only rule and isn't part of the federally-authorized program. In
Section F, Table 2, the State citations identified with an asterisk (*)
indicate those state provisions where the State clarifies that ``SW-
846'' testing methods must be used.)
    We found that the State's definition of ``Designated facility''
found at WAC 173-303-040 is equivalent to the Federal definition found
at 40 CFR 260.10, with the exception of one

broader in scope phrase that is a state-only requirement. The broader
in scope phrase which will not be authorized is: ``The following are
designated facilities only for receipt of State-only waste; they cannot
receive federal hazardous waste from off-site: Facilities operating
under WAC 173-303-500(2)(c).''
    States are allowed to seek authorization for more stringent
requirements than the Federal program. EPA has the authority to
authorize and enforce those parts of a State's program EPA finds to be
more stringent than the Federal program. The State revised its previous
federally authorized mercury-containing equipment requirements with the
adoption of the Federal Rule for Mercury-Containing Equipment Universal
Waste (70 FR 45508, 8/5/06). The State's revised mercury-containing
equipment universal waste rule is more stringent than the Federal rule
as the State regulates lamps at a lower accumulation limit than the
Federal rule. Specifically, the State's definitions of small and large
quantity handlers of universal waste found at WAC 173-303-040 are more
stringent than the Federal definitions found at 40 CFR 273.9; and the
State's large quantity handlers of universal waste notification
standards found at WAC 173-303-573(19)(b)(v) are more stringent than
the Federal notification standards found at 40 CFR 273.32(b)(5).
Additionally, the State adopted some portions of the Federal Burden
Reduction Initiative Rule (70 FR 16862, 4/4/06). The State's rule
retains many of the Federal requirements that were reduced by the
Federal Burden Reduction Initiative Rule, and as a result those
requirements retained by the State are more stringent than their
Federal counterparts. The State's definitions of ``Cathode ray tubes
(CRT) and CRT collector'' found at WAC 173-303-040 are more stringent
than the Federal CRT definitions found at 40 CFR 260.10, because the
State defines a CRT to mean all categories of CRTs (intact, used and
broken) and requires that all CRTs be managed (WAC 173-303-
071(3)(oo)(i)-(iv)) under the same standards used in the federal
program for used and broken CRTs (40 CFR 261.39).

H. Who handles permits after this authorization takes effect?

    After authorization, Washington will continue to issue permits for
all the provisions for which it is authorized and will administer the
permits it issues. If EPA issued permits prior to authorizing
Washington for these revisions, these permits would continue in force
according to the terms of such permits until the effective date of the
State's issuance or denial of a State hazardous waste management
permit, at which time, EPA would modify the existing EPA permit to
expire at an earlier date, terminate the existing EPA permit for cause,
or allow the existing EPA permit to otherwise expire by its terms,
except for those facilities located in Indian Country. EPA will not
issue any new permits, permit components, 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.

I. What is codification and is EPA codifying Washington's hazardous
waste program as authorized in this proposed rule?

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

J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Washington?

    EPA's proposed decision to authorize the Washington hazardous waste
management program does not include any land that is, or becomes after
the date of 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) the State of Washington was authorized to
implement the State's Federally-authorized hazardous waste management
program on the non-trust lands within the 1873 Survey Area of the
Puyallup Indian Reservation. The authorization did not extend to trust
lands within the reservation. EPA retains its authority to implement
RCRA on trust lands and over Indians and Indian activities within the
1873 Survey Area.

K. Statutory and Executive Order Reviews

    This proposed rule seeks to revise the State of Washington's
authorized hazardous waste management program pursuant to section 3006
of RCRA and imposes no requirements other than those currently imposed
by State law. This proposed 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 Executive 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. EPA has
determined that this proposed 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 proposed 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 proposed 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 Title 40 of the CFR
are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on small
entities, small entity is defined as: (1) A small business defined by
the Small Business Administration's size regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. I certify that this proposed rule will not have
a significant economic impact on a substantial number of small entities
because the proposed rule will only have the effect of authorizing pre-
existing requirements under State law and imposes no additional
requirements beyond those imposed by State law. EPA continues to be
interested in the potential impacts of the proposed rule on small
entities and welcomes comments on issues related to such impacts.

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 and final rules with ``Federal mandates''
that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written Statement is needed section 205 of the UMRA generally
requires EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least costly, most cost-effective, or least
burdensome alternative if the Administrator publishes with the rule an
explanation why the alternative was not adopted. Before EPA establishes
any regulatory requirements that may significantly or uniquely affect
small governments, including tribal governments, it must have developed
under section 203 of the UMRA a small government agency plan. The plan
must provide for notifying potentially affected small governments,
enabling officials of affected small governments to have meaningful and
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements. Today's proposed 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
proposed rule contains no regulatory requirements that might
significantly or uniquely affect small government entities. Thus,
today's proposed rule is not subject to the requirements of sections
202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

    This proposed 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 (64 FR 43255, August 10, 1999). This
rule proposes to authorize pre-existing State rules. Thus, Executive
Order 13132 does not apply to this proposed rule. In the spirit of
Executive Order 13132, and consistent with EPA policy to promote
communications between EPA and State and local governments, EPA
specifically solicits comment on this proposed rule from State and
local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires 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 proposed rule does not
have tribal implications, as specified in Executive Order 13175 because
EPA retains its authority over Indian Country. Thus, Executive Order
13175 does not apply to this proposed rule. EPA specifically solicits
additional comment on this proposed rule from tribal officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it proposes to
approve a State program.

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

    This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a ``significant regulatory action'' as defined under Executive
Order 12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 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 OMB, explanations when the Agency decides not to use

available and applicable voluntary consensus standards. This proposed
rulemaking does not involve technical standards. 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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this proposed
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations. This
proposed rule does not affect the level of protection provided to human
health or the environment because this rule proposes to authorize pre-
existing State rules which are equivalent to, and no less stringent
than existing Federal requirements.

List of Subjects in 40 CFR Part 271

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

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

    Dated: June 1, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-13851 Filed 6-17-10; 8:45 am]
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