Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

LOUISIANA-OZONE 

### (1-HOUR STANDARD)-Continued

Designation Classification Designated area Date1 Type Date1 Type

East Feliciana Parish Evangeline Parish Iberia Parish Jefferson Davis Parish Plaquemines Parish St. Helena Parish St. John the Baptist Parish St. Landry Parish St. Martin Parish St. Tammany Parish Tangipahoa Parish Terrebonne Parish Vermilion Parish Washington Parish West Feliciana Parish

1This date is October 18, 2000, unless otherwise noted.

[FR Doc. 02-22983 Filed 9-9-02; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271 [FRL-7373-6]
Oregon: Final Authorization of State Hazardous Waste Management Program Revision

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: The EPA is granting Oregon final authorization for revisions to the Oregon hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The Agency published a proposed rule on June 17, 2002 at 67 FR 41207 proposing to authorize revisions to the Oregon hazardous waste program and provided for public comment. Thepublic
commentperiod ended onJuly 17, 2002. We received comments, addressed below. After reviewing the comments,

we hereby determine thatOregon's hazardous waste program revisions satisfy all requirements necessary to qualify for final authorization. EPAis authorizing the State's changes through this final action. No further opportunity for public commentwill be provided. EFFECTIVE DATE: Final authorization for the revisions to Oregon's hazardous
waste management program shall be effective on September 10, 2002. FOR FURTHER INFORMATION CONTACT: Lynn Williams, U.S. EPARegion 10, Office ofWaste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM-122, Seattle,WA, 98101; (206) 553-2121. Forgeneral information available on the authorization process,
see EPA's Web site at: http:// www.epa.gov/epaoswer/hazwaste/state/

rcra. SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
Stateswhich have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to and consistent with the Federal program. States are required to have enforcement authority which is adequate to enforce compliance withthe requirements ofthe authorized State hazardous waste program. Under RCRA section 3009, Statesare not allowed to impose any requirements which are 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, Statesmust change their programs because ofchanges to EPA's regulations in Title 40 ofthe Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.

B. WhatWere the Comments and Responses to EPA's Proposal?

Commenters from the State of Washington andthe State ofOregon submitted ajoint comment alleging that EPA: (1) should have provided a public hearing for theproposed authorization ofrevisions to the Oregon hazardous
waste program; (2)may be sanctioning activities by the Oregon Department of Environmental Quality (ODEQ), specifically provisions under40 CFR 266.20, for which ODEQlacks statutory authority; and (3)may be granting authority for Oregon to implement regulations and/or statutes that are less stringent than federal ruleswith respect to waste-derived fertilizers. EPA's responses to these comments are providedbelow.
1.PublicHearing

EPA is authorizing arevision ofthe Oregon hazardous waste program, andis
notrequired tohold a hearing when a revision to the authorized state hazardous waste program isproposed in the Federal Register. Oregon received final authorization for itshazardous waste program onJanuary 30, 1986. Revisions to the program were authorized in 1990, 1994 and 1995. Oregon applied to the EPAfor this revision to its already authorized program pursuant to40 CFR 271.21 on June 3, 2002. Theregulations governing review ofprogram revisions at 40 CFR part 271.21 do notrequire ahearing for authorization ofrevisions. Prior to 1986, the authorization regulations did require EPAto offer a public hearing for revisionsto state authorized hazardous
waste programs. However, on March 4, 1986, EPApromulgated amendments to 40 CFR 271.21 that eliminated public hearing requirements for revisions. In the preamble to the final rule eliminating public hearing requirements, the Agency discussed these amendments: "As discussed in the proposal, the new procedures donot require public hearings tobe heldin conjunction with EPA's authorization decisions. Since there is no legal requirement toprovide forhearings on 

### 57337

HeinOnline -- 67 Fed. Reg. 57337 200257338 Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

revision decisions and little public interest hasbeen shown to date in attending hearings oninitial authorization ofState programs, we think the opportunity to provide written comments is adequate." 51 FR 7540 at 7541 (March 4, 1986). Pursuant to the current regulations, EPAis required to provide thepublic with an opportunity to submit written comments on revisions to authorized state hazardous waste programs but public hearings are not required. EPA adhered tothe governing regulations regarding opportunities forpublic comment in the proposed rule to revise the Oregon authorized hazardous waste program.
2.40 CFR266.20 forHazardousWastes "UsedinaMannerConstituting Disposal"

Commenters alleged thatODEQ lacks statutory authority to implement regulations, in particular 40 CFR 266.20, arguing thatthe State's definition of waste-derived fertilizers at ORS 633.311 exempts waste-derived fertilizers from the definition of solid waste and therefore from RCRAregulation. ORS 633.311(28) defines "waste-derived product" to mean "any fertilizer, agricultural mineral, agricultural amendment or lime product derived in whole or in part from hazardous waste

asdefined in ORS 466.005(7) or in rules adopted thereunder, solid waste as defined in ORS 459.005(24) or in rules adopted thereunder, or industrial waste

asdefined in ORS468B.005(2) or in rules adopted thereunder." The definition excludes biosolids and reclaimed water or treated effluent.

The Oregon hazardous waste program
was authorized for40 CFR 266.20, which the State incorporated by reference into itshazardous waste regulations, in the 1994 revision to the authorized program. This provision,40 CFR 266.20, was not the subject ofthe revision authorization in EPA's proposed rule at 67 FR 41207 (June 17, 2002), except thatEPA proposed to authorize a change to the State program analog to40 CFR 266.20(c), OAR 340- 100-0002 and 340-101-0001, regarding anti-skid, deicing use ofslags from high temperature metals recovery processing ofcertain hazardous wastes. EPA reviewed the State's statutory authority prior to proposing therevision to the authorized hazardous waste program and did not find any lackofauthority relative tothe State's ability to implement the State regulation. With respect to the impact ofORS 633.311 on the State regulations for hazardous
wastes "used in amanner constituting disposal," commenters assume that State fertilizer registration requirements alteredthe State'sjurisdiction over waste-derived fertilizer. This is not the

case. ORS 633 adds certainfertilizer and other soil-enhancing product registration and labeling requirements to Oregon's agricultural requirements but does not alter the definition ofsolid or hazardous waste in ORS 466.005(7) and the implementing Stateregulations. The State hazardous waste regulations and the federal RCRAregulations, including 40 CFR 266.20, incorporated by reference in the State regulations pursuant to State statutory authority at ORS466, arenot displaced by State statutory provisions concerning fertilizers and other soil-enhancing products.

3. Waste-DerivedFertilizers

Commenters allege that ORS 633.311(28), Oregon's statutory definition ofwaste-derived fertilizer, is less stringent than federal rules because the definition exempts waste-derived fertilizer products from the definition of solidwaste. Commenters point to State statutory provisions at ORS466.067 in support oftheir allegation. ORS 466.067 pertains to themodification ofPCB or hazardous waste permits to allow for recycling operations. The statute allows ODEQtoissue a permit modification authorizing arecycling operation at a hazardous waste orPCB treatment or disposal facility located offthe site of waste generation atwhich ORS 466.055 (definitions for ORS 453.635 and 466.005 to 466.385) and ORS 466.060 (criteriato be met by owner and operatorbefore issuance ofpermit) will not apply atthese facilities provided the

owner or operator obtains a determination from ODEQthat, in accordance with federal RCRA, as amended, "the recycling operationis legitimate and will produce material that is exemptfrom the definition of solidwaste." Neither ORS 466.06 7nor 633.311(28) expressly exempt wastederived fertilizer products from the definition of solidwaste. The associated rules in ORS Chapter 633 set out licensing andlabeling requirements for fertilizer, agricultural mineral, agricultural amendment andlime products. ORS 466.067 requires that ODEQ's determination oflegitimate recycling operations which will be exempt from the definition ofsolid
waste be made in accordance with federal RCRA. EPA's RCRA authorities regulate fertilizers made from recycled hazardous wastes andEPA's rules classifying hazardous secondary materials used in a manner constituting disposal, including use as fertilizers, allow EPAto classify such materials as solidwaste. EPA's rules, specifically 40 CFR 261.3(e)(2)(i), define materials used in a manner constituting disposal, or usedto produce products that are applied to the land, as solid wastes,

evenifthe recycling involves use, reuse,
or return ofthe material tothe original process. Consequently, because ODEQ's determination thata legitimate recycling operation is exempted from the definition of solidwaste isbounded by the statutory requirement to make that determination in accordance with federal RCRA, ODEQwould not have statutory authority to exempt solid
waste used in amanner constituting disposal which are applied tothe land fromthe definition ofsolid wastes. EPA, by the statutory definition of solidwaste andby regulation based onthe statutory definition,identifies such materials as solid waste and ODEQwould also have
to identify such materials as solidwaste. Oregon's statutory definition does not per se exempt waste-derived fertilizer products from the definition ofsolid waste and Oregon's statutory definition ofwaste-derived fertilizer isnot less stringent than the federal rules.
C.What Decisions Have We Made in ThisRule?

We conclude that Oregon's application to reviseits authorized hazardous waste program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we are granting Oregon final authorization to operate itshazardous waste programwith the changes described in the authorization application and as described inthis finalrule. Regulatory revisions which

are less stringentthan Federal program requirements andthose regulatory revisionswhich are broader in scope thanFederal program requirements are not authorized.

Oregon will be responsible for carrying out the aspects ofOregon's authorized hazardous wasteprogram described in Oregon's revised program application, subject to the limitations of the Hazardous and SolidWaste Amendments of1984 (HSWA) and the limitations ofthis authorization. Oregon's authorized program does not extend to Indian country. EPA retains jurisdiction and authority to implement RCRA over Indian country and over trustlands.

New Federal requirements and prohibitions imposed by Federal regulations that EPApromulgates under the authority ofHSWA are implementable and enforceable by EPA and take effect in States with authorized programsbefore such programs are authorized for the requirements. Thus, EPAwill implement and enforce those

HeinOnline -- 67 Fed. Reg. 57338 2002Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

HSWA requirements and prohibitions in Oregon, including issuing permits or portions ofpermits, until the State is granted authorization to do so.
D.What WillBe the EffectifOregon Is Authorized for These Changes?

The effect ofthis decision isthat a facility in Oregon subject to RCRA must comply withthe authorized State program requirements and with the federal HSWA provisions for which the State is not authorized and RCRA requirements that are not supplantedby authorized state-issued requirements, in order to comply withRCRA. Oregon continues to have enforcement responsibilities under its State hazardous waste program for violations ofits authorized program. EPAretains and continues to have independent enforcement authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority
to:* Do inspections andrequire monitoring, tests, analyses, or reports;

* Enforce RCRA requirements, including State program requirements that are authorized byEPA and any applicable Federally-issued statutes and regulations, and suspend or revoke permits; and * Take enforcement actions regardless ofwhetherthe State has taken its own actions.

This final action approving these revisions does not impose additional requirements onthe regulated communitybecause the regulations for which Oregon's program isbeing authorized by today's action are already effective under State law.

E. What HasOregon Previously Been Authorized For? Oregon initially received final authorization onJanuary 30, 1986, effective January 31, 1986 (51 FR 3779),
to implement the State's hazardous
waste management program. Oregon received authorizations forrevisions to its program on March 30, 1990, effective

onMay 29, 1990 (55 FR 11909); August 5, 1994, effective October 4, 1994 (59 FR 39967); June 16, 1995, effective August 15, 1995 (60 FR 31642); and October 10, 1995, effective December 7, 1995 (60 FR 52629). F. WhatChangesAre We Authorizing
With Today's Action?

EPA is granting final authorization for the revisions to Oregon's federally authorized program described in Oregon's official program revision application submitted to EPAin accordance with40 CFR 271.21 on February 4, 2002, and deemed complete by EPA onMarch 7, 2002. Wenow make a final determination that Oregon's hazardous waste program revisions, as described inthis rule, satisfy the requirements necessary to qualify for final authorization. Regulatory revisions which are less stringent than Federal program requirements andthose regulatory revisionswhich are broader in scope thanFederal program requirements are not authorized.

The Oregon Hazardous Waste Management Program, which was administered by the Oregon Department ofEnvironmental Quality (DEQ), Waste Prevention and Management Division, reorganized effective October 1, 2001 and isnow administered by the DEQ Land Quality Division. Thisrule authorizes this reorganization.

The following table, Table 1, identifies equivalent and more stringent State regulatory analogues to the Federal regulations for those regulatory revisions Oregon isbeing authorized for today.All ofthe referenced analogous State authorities were legally adopted and effective as ofJuly 21, 2000.

TABLE 1.- EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL REGULATIONS 1

Description of Federal requirements (CL#2) Federal Register Analogous State authority (OAR 340-*

Availability of Information

................................... Used Oil Filter Exclusion, Technical Corrections

(CL 107). Testing and Monitoring Activities (CL 126)

........

Boilers & Industrial Furnaces, Administrative

Stay & Interim Standards for Bevill Residues (CL 127). Wastes From the Use of Chlorophenolic Formulations in Wood Surface Protection (CL 128). Revision of Conditional Exemption for Small

Scale Treatability Studies (CL 129). Recycled Used Oil Management Standards;

Technical Amendments and Corrections II (CL 130). Recordkeeping Instructions, Technical Amendment (CL 131). Letter of Credit Revision (CL 133)

..................... Corrections of Beryllium Powder (P015) Listing

(CL 134). Recovered Oil Exclusion (CL 135)

..................... Removal of the Conditional Exemption for Certain Slag Residues (CL 136). Carbamate Production Identification and Listing

of Hazardous Waste (CL 140).

Universal Waste Rule: General Provisions (CL

142A) 3

. 57 FR 29220, 7/1/92

........................................

58 FR 46040, 8/31/93

......................................

58 FR 59598, 11/9/93

......................................

59 FR 458, 1/4/94

............................................ -100-0003(2), -100-0005(1 )-(5); 105-0012. -100-0002; -101-0001.

-100-0002; -101-0001;

0001.
-100-0002.

-100-0002; -101-0001. -104-0001; -105-

59 FR 8362, 2/18/94

........................................ -100-0002; -101-0001.

59 FR 10550, 3/4/94

........................................

59 FR 13891, 3/24/94

...................................... -100-0002; -111-0000(2), -111-0010.

-100-0002; -104-0001.

59 FR 29958, 6/10/94

...................................... -100-0002; -104-0001, 104-0151. 59 FR 31551, 6/20/94

...................................... -100-0002; -101-0001, -101-0033.

59 FR 38536, 7/28/94

...................................... -100-0002; -101-0001. 59 FR 43496, 8/24/94

...................................... -100-0002; -101-0 001.

60 FR 7824, 2/9/95; as amended at 60 FR

19165, 4/17/95, and at 60 FR 25619, 5/12/ 95. 60 FR 25492, 5/11/95

...................................... -100-0002; -101-0001, -101-0033.

-100-0002; -102-0011 (e); -113-0000,

-113-0020, 113-0020(1 )-(2), -113-0030, -113-0030(3)(a), -13-0040, -113-0040(2), 113-0040(2)(b), -113-0040(2)(b)(B)(v), -113-0040(3), -113-0040(3)(a)-(b), -113- 0040(4), -113-0050. 

### 57339

HeinOnline -- 67 Fed. Reg. 57339 2002

### 57340 Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

TABLE 

### 1
.- EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL REGULATIONS 1

### -Continued

Description of Federal requirements (CL#2) Federal Register Analogous State authority (OAR 340-* *

Universal Waste Rule: Specific Provisions for

Batteries (CL 142B). Universal Waste Rule: Specific Provisions for

Pesticides (CL 142C). Universal Waste Rule: Specific Provisions for

Thermostats (CL 142D). Universal Waste Rule: Petition Provisions to

add a new Universal Waste (CL 142 E) 3

. Liquids in Landfills III (CL 145)

.......................... RCRA Expanded Public Participation (CL 148)

Land Disposal Restrictions Phase IIIDecharacterized Wastewaters Carbamate Wastes, and Spent Potliners (CL 151). Conditionally Exempt Small Quantity Generator

Disposal Options under Subtitle D (CL 153). Consolidated Organic Air Emission standards

for Tanks Surface Impoundments, and Containers (CL 154).

Military Munitions Rule: Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties (CL 156)3. Land Disposal Restrictions Phase IV-Treatment Standards for Wood Preserving Wastes, Paperwork Production and Streamlining, Exemptions from RCRA for Certain Processed Materials; and Miscellaneous Hazardous Waste Provisions (CL 157). Testing and Monitoring Activities Amendment III

(CL 158). Conformance with Carbamate Vacatur (CL 159) Emergency Revision of Carbamate Land Disposal Restrictions (CL 161). Clarification of Standards for Hazardous Waste

LDR Treatment Variances (CL 162). Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers; Clarification and Technical Amendment (CL 163). Kraft Mill Stream Stripper Condensate Exclusion (CL 164). Recycled Used Oil Management Standards;

Technical Correction and Clarification (CL166)3. Land Disposal Restrictions Phase IV-Treatment Standards for Metal Wastes and Mineral Processing Wastes (CL 167A). Land Disposal Restrictions Phase IV-Hazardous Soils Treatment Standards and Exclusions (CL 167B). Land Disposal Restrictions Phase IV-Corrections (CL 167 C). Bevill Exclusion Revisions and Clarifications

(CL 167E). Exclusion of Recycled Wood Preserving

Wastewaters (CL 167F). Hazardous Waste Combustors; Revised Standards (CL 168). Petroleum Refining Process Wastes (CL 169)

Land Disposal Restrictions Phase IV-Zinc

Micronutrient Fertilizers, Amendment (CL 170). Emergency Revision of the Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Wastes from Carbamate Production (CL 171). 60 FR 25492, 5/11/95

......................................

60 FR 25492, 5/11/95

......................................

60 FR 25492, 5/11/95

......................................

60 FR 25492, 5/11/95

......................................

60 FR 35703, 7/11/95

...................................... 60 FR 63417, 12/11/95

....................................
61 FR 15566
,4/8/96

........................................

61 FR 34252
,7/1/96

........................................

59 FR 62896, 12/6/94; as amended 5/19/95

(60 FR 26828), 9/29/95 (60 FR 50426), 11/ 13/95 (60 FR 56952), 2/9/96 (61 FR 4903), 6/5/96 (61 FR 28508), 11/25/96 (61 FR 69932). 62 FR 6622, 2/12/97

........................................

62 FR 25998, 5/12/97

...................................... -100-0002; -113-0000, -113-0020, -113- 0030,-113-0040. -100-0000; -113-0020, -113-0000, -113-

0070,-113-0030,-113-0040. -100-0002; -113-0020, -113-0000, -113-

0030,-113-0040. -100-0002; -113-0000, -113-0060.

-100-0002. -100-0002; -106-0001; -105-0001, 105-

0010, 105-0014 -100-0002; -102-0011(2)(e).

-100-0002,-101-0001.

-100-0002; -104-0001;

0001. 102-0034; -101-

-100-0002, -100-0010; -101-0001; -102-

0010; -103-0010; -104-0001, 104-1201, 104-1201(2), (3); -105-0001, -105-0041 (3),(4).

-100-0002;-101-0001,-101-0004.

62 FR 32452, 6/13/97

...................................... -100-0002; -104-0001.

62 FR 32974, 6/17/97

...................................... 62 FR 45568, 8/28/97

......................................

62 FR 64504, 12/5/97

...................................... -100-0002;-101-0001. -100-0002.

-100-0002.

62 FR 64636, 12/8/97

...................................... -100-0000; -104-0 001.

63 FR 18504, 4/15/98

......................................

63 FR 24963, 5/6/98

........................................

63 FR 28556, 5/26/98

......................................

63 FR 28556, 5/26/98

......................................

63 FR 28556, 5/26/98; as amended 6/8/98

(63 FR 31266). 63 FR 28556, 5/26/98

......................................

63 FR 28556, 5/26/98

......................................

63 FR 33782, 6/19/98

......................................

63 FR 42110
,8/6/98

........................................
63 FR 46332, 8/31/98

......................................

63 FR 47410, 9/4/98

........................................ -100-0002;-101-0004.

-100-0002; -111-0000

-111-0050. (2), -111-0032,

-100-0002; -102 0011(2)(e).

-100-0002.

-100-0002.

-100-0002;-101-0001,-101-0004.

-100-0002;-101-0004.

-100-0002,-101-0001,- 101-0004.

-100-0002; -101-0001; -102-0010; -101-

0004. -100-0002.

-100-0002.

HeinOnline -- 67 Fed. Reg. 57340 2002Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

TABLE 1.- EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL REGULATIONS 1

### -Continued

Description of Federal requirements (CL#2) Federal Register Analogous State authority (OAR 340-* *

Land Disposal Restrictions Phase IV- Exten- 63 FR 48124, 9/9/98

........................................ -100-0002

sion of Compliance Date for Characteristic Slags (CL 172). Land Disposal Restrictions; Treatment Stand- 63 FR 5124, 9/24/98

........................................ -100-0002.

ards for Spent Potliners from Primary Aluminum reduction (K088); Final Ru7le (CL 173). HWIR- Media (CL 175) 3

................................... 63 FR 65874, 11/30/98

.................................... -100-0010, -100-0002;- 101-0004(3); -105-0003,

- 105-0115 Universal Waste Rule-Technical Amendments 63 FR 71225, 12/24/98

.................................... -100-0002; -113-0000 -113-0020

(CL 176). Organic Air Emission Standards: Clarification 64 FR 3382, 1/21/99

........................................ -100-0002;-102-0034;-104-0001.

and Technical Amendments (CL 177). Petroleum Refining Process Wastes-Leachate 64 FR 6806, 2/11/99

........................................ -100-0002;-101-0001, -101-0004.

Exemption (CL 178). Land Disposal Restrictions Phase IV-Tech- 64 FR 25408, 5/11/99

...................................... -100-0002; -101-0001;- 102-0010; -101-

nical Corrections and Clarifications to Treat- 0004;-102-0034. ment Standards (CL 179). Test Procedures for Analysis of Oil and Grease 64 FR 26315, 5/14/99

...................................... -100-0002.

and Non-Polar Material (CL 180). Unversal Waste Rule: Specific Provisions for 64 FR 36466, 7/6/99

........................................ -100-0002; -113-0000, -113-0020, -113-

Hazardous Waste Lamps (CL 181). 0030, -113-0040, -113-0060. Hazardous Air Pollutant Standards for Combus- 64 FR 52828, 9/30/99, as amended 11/19/99 -100-0002; -101-0001; -104-0001; -105-

tors (CL 182). (64 FR 63209). 0001. Land Disposal Restrictions Phase IV-Tech- 64 FR 56469, 10/20/99

.................................... -100-0002; -101-0001; -102-0010, -102-

nical Corrections (CL 183). 0034. Accumulation Time for Waste Water Treatment 65 FR 12378, 3/8/00

........................................ -100-0002, -102-0010.

Sludges (CL 184). Organobromine Production Waste Vacatur (CL 65 FR 14472, 3/17/00

...................................... -100-0000; -101-0001.

185).
1For further discussion on where the revised State rules differ from the Federal rules refer to Section G. below, the authorization revision application, and the administrative record forthis final rule.

2CL # (Checklist) generally reflects changes made tothe Federal regulations pursuant to a particular FEDERAL REGISTER notice. EPA publishes these checklists as aids for States to use for the development of their authorization application. See EPA's RCRA State Authorization web page at http://www.epa.gov/epaoswer/hazwaste/state/

3State rule contains some more stringent provisions. For identification of more stringent State provisions refer to the authorization revision application.

G.Where Are the Revised State Rules Different Fromthe Federal Rules?

This section discusses some ofthe differences between the revisions EPAis authorizing in Oregon's hazardous
waste program and the Federal regulations. Not all program differences

are discussed in this section because, although Oregon incorporates many Federal rules byreference, the State also writes its own version ofmany ofthe federal hazardous waste rules. This section discusses certain rules where EPA makes a determination that the State program is more stringent and rules where the State program isbroader in scope. The State is not authorized for less stringent rules orbroader in scope rules. Less stringent State rules and broader in scope rules do not supplant federal regulations. Persons should consultthe tablereferenced above for the specific State regulations whichEPA proposes to authorize.

Certain portions ofthe federal program are not delegable/authorizable
to the Statesbecause oftheFederal government's special role in foreign policy matters and because ofnational concerns that arisewith certain decisions. One such matter pertains to import/export functions. EPA does not delegate/authorize import/export functions. Under the RCRA regulations found in 40 CFR Part 262, Standards for Generators, EPAwill continueto implement requirements for import/ export functions.EPA does not delegate/authorize certain ofthe Federal Land Disposal Restriction requirements, 40 CFR Part 268, because ofthe national

concerns thatmust be examined when decisions are made under thefollowing federal regulations; these include: 40 CFR 268.5-Procedures for case-by-case effective date extensions; 40 CFR 268.6-"No migration" petitions; 40 CFR 268.42(b)-applications for alternate treatment methods; and40 CFR 268.44(a)-(g)-general treatment standard variances. Oregon's program does not include these requirements. EPA will continue to implement these requirements under EPA's HSWA authority. Areas Where the StateProgram IsMore Stringent

States are allowed to seek authorization for State requirements that

are more stringent than federal requirements. EPA has authority to authorize and enforce those parts ofa State's program EPAfinds tobe more stringent than the federal program. This section does not discuss each more stringent preliminary finding made by EPA,but persons can locate such sections by consulting the Table, referenced above, as well as by reviewing the authorization application.

Oregon has enacted several requirements under itshazardous waste management program forwhich EPA has determined the requirements are
more stringent than the standards ofthe Federal RCRA program setforth in 40 CFR parts 260-279.

States sometimes make changes to theirpreviously authorized programs for which they need to seek reauthorization. Oregon made such a change to itsrules for availability of information. The State program requirement at OAR 340-100-0003, 

### 57341

HeinOnline -- 67 Fed. Reg. 57341 2002

### 57342 Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

which replaces the federal requirements at40 CFR 260.2 for availability of information, is determined tobe more stringent than the federal program because State regulations require additionaljustification for trade secret claims and establish a time frame of 15 to 30 days for clarifying claims. OAR 340-105-0012 wasrevised torequire identical trade secret claims substantiation for permits asrequired by OAR 340-100-0003.

The State program regulation at OAR 340-101-0004(3) is determined tobe

more stringent than thefederal program at40 CFR 261.4(g), Dredged Materials, in that the State program deletes 40 CFR 261.4(g) from itsincorporation ofthe federal regulations byreference. Consequently, the State program does not exclude dredged material from regulation as a solid waste subject to a hazardous waste determination. Because the dredged materials exclusion at 40 CFR 261.4(g) replaced existing regulations that subjected such materials toa hazardous waste determinations, State programs were allowed the option ofchoosing to change their regulations to include the dredged materials exclusion or not. Those that selected not to include the exclusion are more stringent than the federal program once authorized because EPA promulgated the dredged materials exclusion as a less stringent requirement.

The State program regulation at OAR 340-102-0011(3) is determined tobe

more stringent than thefederal program regulation at 40 CFR 262.11 because generators ofhazardous waste in Oregon must keep documentation of "knowledge ofprocess" hazardous waste determinations for at least three years.

The State program at OAR 340-102- 0034(2) is determined to be more stringent than the federal regulation at 40 CFR 262.34 as itadds additional requirements, which does not replace or supercede the requirement to have a permit in the event a generator has not met the conditions under 40 CFR 262.34
to allow the generator to operate without a permit.

The State program at OAR 340-102- 0040, replacing the requirements of40 CFR 262.40(b), is determined to be more stringent than the federal program because the State program requires small quantity generators both to report waste generated (OAR 340-102-0041) andto maintain copies ofall reports on waste generated for three years.

The State program isdetermined tobe

more stringent at OAR 340-104-0001(6) than the federal program withrespect to facilities receiving hazardous waste from offsitebecause the State program requires that facilities receive a final waste permit before managing offsite hazardous wastes. The federal program allows facilities with interim status to receive offsitehazardous waste.

The State program is determined tobe

more stringent than thefederal program with respect tothe federal HWIR media rule because the State regulations donot allow for theuse ofRemedial Action Plans (RAPs) asfound in the federal requirements at40 CFR part 270, subpart H. The Stateregulations at OAR 340-105-0003 delete from their incorporation by reference ofthe federal regulations those regulations allowing for RAPs. Oregon inadvertently incorporated 40 CFR 270.230(e)(1) by reference but did not seek and isnot authorized forthe provision.

The State program is determined tobe

more stringent than thefederal program with respect tothe federal Post Closure (PC)rule (63 FR 56710) because the State program specifically excluded the PC rule from its incorporation by reference ofthe federal regulations at OAR 340-100-0002.

The State program is determined tobe

more stringent in certain places than the federal regulations promulgated in EPA's Military Munitions Rule (62 FR 6622). With respect to the hazardous
waste management systemin Oregon, the State hazardous waste program added definitions for "demilitarization" and "demilitarization residue" at OAR 340-100-0010(2)(f) and (g)in Oregon's analog to 40 CFR 260.10. These definitions are specific to theprocesses and activities atthe Umatilla Chemical Depot and are determined tobe more stringent than the federal program.

With respect to chemical agent munitions and chemical agent bulk items in storage, the State program identifies such chemical agent munitions and chemical agent bulk items in storage as characteristic and/or listed hazardous waste at OAR 340- 101-0030, referencing listings for blister agents and nerve agents at OAR 340- 102-0011(c)(A) and (B). In the Military Munitions Rule, at 62 FR 6633, EPA said that States couldbe more stringent than the federal program for chemical agents and munitions.

Oregon's analog to 40 CFR 264.1201, OAR 340-104-1201, design and operating standards for munitions storage, is determined tobe more stringent than the federal program because OAR 340-104-1201 adds additional requirements to munitions storage, including requirements for: storage unit operations andmanagement plans; vapor containment mechanisms for nerve agent storage units; a requirement to not allow storage of munitionsin an open area; and the State definition of "no migration" tomean no detectable concentration ofchemical agent outside the storage unit. EPA's regulations defer the "no migration" criteria toArmy management procedures which allow some detectable migration.

The State is determined tobe more stringent than the federal program because the State program defines, for purposes ofreportable quantities, chemical agents (such as, for example,

nerve agents GB, VX, and blister agent HD) tobe hazardous materials at OAR 340-108-0002(9)(c), and at OAR 340- 108-0010(1)(e) reportable quantity is defined to mean any quantity of chemical agent.

The State is determined tobe more stringent than the federal program in its incorporation by reference ofthe federal regulations at OAR 340-105-0041(3) because the State program deleted a cross-reference to the federal regulation at40 CFR 270.42(h) andreplaced the cross-reference with a citation to OAR 340-105-0041(4) which for theUmatilla Chemical Depot does not allow the acceptance ofoff-site shipments of munitions. The federal program does notrestrict acceptance of such off-site shipments at the Umatilla Chemical Depot.

EPA has made the determination that certain ofthe State programregulations for universal waste are more stringent thanthe federal regulations.

The State regulations at OAR 340- 113-0040(2)(b), (2)(b)(B), (3)(a) and (b),

are determined tobe more stringent thanthe federal regulations at40 CFR 273.12 and 273.32(b)(5), because the State requires owners or operators ofoffsite universal waste collection sites accumulating more than 1,000 kg of universal waste and non-pesticide universal waste to meetthe notification requirements for large quantity generators andto submit additional information with the notification. The

more stringent requirements of OAR 340-113-0040(2) and (3)are not applicable under the Stateregulation at OAR 340-113-0040(1)(b) topersons who collect, store or transport universal
wastebatteries.

The State regulations at OAR 340- 113-0040(3)(a) and (b)are determined tobe more stringent thanthe federal regulations at 40 CFR 273.15(a) and (b) and 273.35(a) and (b), because the State regulations require owners and operators ofoff-site collection sites accumulating more than 1,000 kg of universal waste to limitthe accumulation time toa six month period or toreceive written approval

HeinOnline -- 67 Fed. Reg. 57342 2002Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

from ODEQ to extend the accumulation period.

The State regulation at OAR 340-113- 0040(4) is determined to be more stringent than the federal regulation at 40 CFR 273.19 for tracking universal waste shipmentsbecause the State regulation applies to small quantity handlers accumulating more than 1,000 kg ofuniversal waste.

The State regulation at OAR 340-113- 0040(4)(b) isdetermined tobe more stringent than the federal regulation at 40 CFR 273.39(a) because the State regulation requires an off-site collection siteto record the date the off-site universal waste was received.

The State regulation at OAR 340-113- 0050(2) is determined to be more stringent than the federal regulation at 40 CFR 273.60 because the State requires annual reporting ofuniversal waste for all destination facilities.

The State regulation at OAR 340-113- 0060(2)(b) isdetermined tobe more stringent than the federal regulation at 40 CFR 273.81(c) in listing additional factors tobe considered whenreviewing

apetition to remove a universal waste from the universal waste rule. However, the use ofsuch factors inthe implementation ofthe authorized hazardous waste program cannot result in the universal waste not remaining subject to the hazardous waste regulations.

The State program isdetermined tobe

more stringent than thefederal requirements at 40 CFR 279.22, Used Oil Storage, because the State regulation OAR 340-111-0032 requires generators to store used oil in accordance with applicable State and local Fire Marshal regulations and tokeep rainwater from coming in contact withused oil during storage. The State program is determined to be more stringent than the federal program at 40 CFR 279.45(h), 279.54(g), and 279.64(g), because the State program at OAR 340-111-0050 requires handlers torespond to spills andreleases according to more specific State requirements ofOAR 340 Division 108 and requires used oil handlers to take immediate action to mitigate, report and clean up threatened spills and releases ofused oil as required in OAR 340 Division 108.

Areas Where theStateProgramIs BroaderinScope

States are not allowed to seek authorization for State requirements that

arebroader in scope than the federal requirements. EPA does not have authority to authorize and enforce those parts ofa State's program which are broader in scope than the federal program. Because the State program at OAR 340-101-0004 deletedfrom its incorporation by reference ofthe federal regulations the provisions of40 CFR 261.4(b)(7)(ii), a listof20 wastes from the extraction, beneficiation and processing ofores and minerals (Bevill wastes) which under thefederal program are solidwastes that are not hazardous wastes, EPAhas made the determination that the Stateprogram is broader in scope than the federal program with respect to these solid wastes.

The State program incorporated by reference rules that classified mineral processing characteristic sludges and byproducts being storedprior to being reclaimed as solid wastes and subjected manufactured gas plant waste to characterization under the toxicity characteristic regulations. The Federal regulations, 40 CFR 261.2(c)(3) second parenthetical, 40 CFR 261.4(a)(17) as it referenced secondary materials rather than spentmaterials, and40 CFR 261.24

asit applied tomanufactured gas plant waste, were subsequently revised (67 FR 11251, March 13, 2002) because ofa courtvacatur ofcertain provisions ofthe regulations. Because ofthe vacatur, EPA cannot authorize the rules; thus EPAhas made the determination thatthe State is broader in scopebecause the State program regulations at OAR 340-100- 0002 incorporated the federal rules by reference as those rules existedbefore the vacatur.

The State incorporated by reference at OAR 340-224-0220 the federal regulation at 40 CFR 63.1210(b) which

was vacated on July 24, 2001. EPAhas made the determination thatthe State hazardous waste program is broader in scope to the extent, ifat all, the State hazardous waste regulations reference

or cross-reference thevacated federal rule.

The State regulations define "pesticide residue" at OAR 340-100- 0010. The State interprets "pesticide residue" to include state-only pesticides which are state-only hazardous wastes and outside the scope ofthe federal regulations. A generator of state-only pesticide residues may designate such residues as "waste pesticide" and manage the residues in a manner consistent withthe universal waste management standards ofOAR Division 113, under astate water pollution control facility permit, at a SubpartC facility as allowed by OAR 340-109- 0010(4)(a) orin a SubpartD facility provided land disposalrestrictions were met. Portions ofthe State definition for universal waste, OAR 340-113-0020(4)

are determined to be broader in scope than the federal regulations at40 CFR 260.10 and 273.9 by the addition of "waste pesticides," which as defined by the State at OAR 340-109-0001(2)(a),

arethose not subject to regulation as hazardous waste under the federal regulations at 40 CFR parts 260 to 270. Portions ofthe State definition of "universal waste," OAR 340-113- 0020(4), are also determined tobe broader in scope where the definition includes "pesticide residues" that are notpart ofthe federal program.

The State regulation at OAR 340-113- 0010(1)(a), in addition to wastes covered by 40 CFR 273.3, adds waste pesticides and pesticide residues to the applicability section ofthe universal
waste rules. This addition is determined tobe broader in scope where such waste pesticides or pesticide residues would
notbe part ofthe federal program.
H.Who Handles PermitsAfter This Authorization Takes Effect?

Oregon will issue permitsfor allthe provisions for which it is authorized and will administer the permits it issues. All permits, orportions of permits, issued by EPARegion 10 prior to final authorization ofthis revision will continue to be administered byEPA Region 10 until the issuance or reissuance aftermodification ofa State RCRApermit and until EPAtakes action

on itspermit or portion ofpermit. HSWA provisions for which the State is not authorized will continue in effect underthe EPA-issued permit or portion ofpermit. EPAwill continue to issue permits, or portions ofpermits, for HSWA requirements for which the State program in Oregon isnot yet authorized.

I.How Does Today's Action Affect IndianCountry (18 U.S.C. 1151) in Oregon?

EPA's decision to authorize the hazardous waste program does not include any land that is, orbecomes afterthe date ofthis authorization, "Indian Country," as definedin 18 U.S.C. 1151. This includes: (1)Alllands within the exterior boundaries ofIndian reservations within or abutting the State ofOregon; (2)Any landheld in trust by the U.S. for an Indian tribe; and (3)Any other land, whether on or offanIndian reservation that qualifies as Indian country. Therefore, this action hasno effect on Indian country. EPAretains jurisdiction over "Indian Country" as defined in 18 U.S.C. 1151 and will continue to implement and administer the RCRA program in Indian country.
J. WhatIs Codification and IsEPA Codifying Oregon'sHazardousWaste ProgramAs Authorized inThis Rule?

Codification is the process ofplacing the State's rules thatcomprise the 

### 57343

HeinOnline -- 67 Fed. Reg. 57343 2002

### 57344 Federal Register/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

State's authorized hazardous waste program into the Code ofFederal Regulations. We do thisby referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart MM until a later date.

K. Administrative Requirements

The Office ofManagement and Budget has exempted this action from the requirements ofExecutive Order 12866 (58 FR 51735, October 4, 1993), and therefore, a decision to authorize Oregon's hazardous waste program for these revisions is not subject to review by OMB. This action authorizes State requirements for the purpose ofRCRA 3006 and imposes no additional requirements beyond those imposed by State law. Authorization will not impose any new burdens on small entities. Accordingly, I certify that these revisions will not have a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5U.S.C. 601
etseq.). Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable dutybeyond thatrequired by State law, itdoes not contain any unfunded mandate or significantly or uniquely affect small governments, as described in theUnfunded Mandates Reform Act of 1995 (Public Law 104-4). This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249, November 6, 2000).

This actionwill not have substantial direct effects on the States, on the relationship between thenational government and the States, or on the distribution ofpower and responsibilities amongthe various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRAhazardous waste program without altering the relationship or the distribution ofpower andresponsibilities established by RCRA. This action alsois not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because itis not economically significant andit does not make decisions based onenvironmental health or safety risks. This action isnot subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply Distribution or Use" (66 FR 28344, May 22, 2001)because itis not a significant regulatory action under Executive Order 12866. The final rule does not include environmentaljustice issues that require consideration underExecutive Order 12898 (59 FR 7629, February 16, 1994).

Under RCRA 3006(b), EPA grants a State's application for authorization as long as the Statemeets the criteria required byRCRA. It would thusbe inconsistent with applicable law for EPA, when itreviews a State authorization application, to require the

use ofany particular voluntary

consensus standard in place ofanother standard that otherwise satisfies the requirements ofRCRA. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15U.S.C. 272) do not apply. As required by section 3ofExecutive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPAhas taken thenecessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, andprovide a clear legal standard for affected conduct. EPAhas complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examiningthe takings implications ofthe rule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation ofRisk and Avoidance of Unanticipated Takings' issued under the executive order.This final rule does not impose aninformation collection burden under the provisions ofthe Paperwork Reduction Act of1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as addedby the Small Business Regulatory Enforcement Fairness Act of1996, generally provides that before a rule may take effect, the agencypromulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General oftheUnited Statesprior to publication in the Federal Register. A major rule
cannot take effectuntil 60 days after it is published in theFederal Register. This actionis not a "major rule" as defined by 5U.S.C. 804(2).
List ofSubjects in40 CFRPart271

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

Authority: This action isissued underthe authority ofsections 2002(a), 3006 and 7004(b) ofthe SolidWaste DisposalAct as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: August 30, 2002. L.Johnlani, Regional Administrator,Region 10.
[FR Doc. 02-22985 Filed 9-9-02; 8:45 am]

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS COMMISSION

47CFR Part 63 [FCC 02-154]

2000 Biennial Regulatory Review: International Telecommunications Service, Correction
AGENCY: Federal Communications Commission. ACTION: Final rule; correction.

SUMMARY: The Commission adopted a Report and Order amending several of the Commission's rules regarding the provision ofinternational telecommunications services. Because

an error was made in thepublication of the final rule, this document contains a correction to the final rule document which waspublished inthe Federal Register on July 9, 2002 (67 FR 45387). DATES: Effective September 10, 2002.

FOR FURTHER INFORMATION CONTACT: Peggy Reitzel, Telecommunications Division,International Bureau, (202) 418-1499. SUPPLEMENTARY INFORMATION: On July 9, 2002, the Federal Register published a summary ofthe final rule in the above captioned proceeding. Instruction 11 of the rules amended §63.21 byremoving paragraph (h)andredesignating paragraphs (i) and (j)and paragraphs (h) and (i). In resdesignating paragraph (j)

as paragraph (i),the instructions neglected torevise the reference to paragraph (i).

In ruleFR DOC 02-16738 published

onJuly 9, 2002 (67 FR45391), in the second column, instruction 11 is corrected toread asfollows:

11. Section 63.21 is amended by removing paragraph (h), redesignating paragraphs (i) and (j)as paragraphs (h) and (i), andby revising newly redesignated paragraph (i)to read as follows:
§63.21 Conditionsapplicabletoall international Section 214 authorizations.

(i) An authorized carrier, or a subsidiary operating pursuant to paragraph (h)ofthis section, that changes its name (includingthe name underwhich itis doing business) shall notifythe Commission by letter filed withthe Secretary in duplicate within

HeinOnline -- 67 Fed. Reg. 57344 2002