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

LOUISIANA-OZONE (1-HOUR STANDARD)-Continued

Designation Classification Designated area Date 1 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. The public

comment period ended on July 17, 2002.

We received comments, addressed

below. After reviewing the comments,

we hereby determine that Oregon's

hazardous waste program revisions

satisfy all requirements necessary to

qualify for final authorization. EPA is

authorizing the State's changes through

this final action. No further opportunity

for public comment will 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. EPA Region 10,

Office of Waste and Chemicals

Management, 1200 Sixth Avenue, Mail

Stop WCM-122, Seattle, WA, 98101;

(206) 553-2121. For general 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?

States which 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 with the

requirements of the authorized State

hazardous waste program. Under RCRA

section 3009, States are 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, 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 Were the Comments and

Responses to EPA's Proposal?

Commenters from the State of

Washington and the State of Oregon

submitted a joint comment alleging that

EPA: (1) should have provided a public

hearing for the proposed authorization

of revisions to the Oregon hazardous

waste program; (2) may be sanctioning

activities by the Oregon Department of

Environmental Quality (ODEQ),

specifically provisions under 40 CFR

266.20, for which ODEQ lacks statutory

authority; and (3) may be granting

authority for Oregon to implement

regulations and/or statutes that are less

stringent than federal rules with respect

to waste-derived fertilizers. EPA's

responses to these comments are

provided below.

1. Public Hearing

EPA is authorizing a revision of the

Oregon hazardous waste program, and is

not required to hold a hearing when a

revision to the authorized state

hazardous waste program is proposed in

the Federal Register. Oregon received

final authorization for its hazardous

waste program on January 30, 1986.

Revisions to the program were

authorized in 1990, 1994 and 1995.

Oregon applied to the EPA for this

revision to its already authorized

program pursuant to 40 CFR 271.21 on

June 3, 2002. The regulations governing

review of program revisions at 40 CFR

part 271.21 do not require a hearing for

authorization of revisions. Prior to 1986,

the authorization regulations did require

EPA to offer a public hearing for

revisions to state authorized hazardous

waste programs. However, on March 4,

1986, EPA promulgated 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 do not

require public hearings to be held in

conjunction with EPA's authorization

decisions. Since there is no legal

requirement to provide for hearings on

57337

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

revision decisions and little public

interest has been shown to date in

attending hearings on initial

authorization of State programs, we

think the opportunity to provide written

comments is adequate." 51 FR 7540 at

7541 (March 4, 1986). Pursuant to the

current regulations, EPA is required to

provide the public with an opportunity

to submit written comments on

revisions to authorized state hazardous

waste programs but public hearings are

not required. EPA adhered to the

governing regulations regarding

opportunities for public comment in the

proposed rule to revise the Oregon

authorized hazardous waste program.

2. 40 CFR 266.20 for Hazardous Wastes

"Used in a Manner Constituting

Disposal"

Commenters alleged that ODEQ lacks

statutory authority to implement

regulations, in particular 40 CFR 266.20,

arguing that the State's definition of

waste-derived fertilizers at ORS 633.311

exempts waste-derived fertilizers from

the definition of solid waste and

therefore from RCRA regulation. 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

as defined 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

as defined in ORS 468B.005(2) or in

rules adopted thereunder." The

definition excludes biosolids and

reclaimed water or treated effluent.

The Oregon hazardous waste program

was authorized for 40 CFR 266.20,

which the State incorporated by

reference into its hazardous waste

regulations, in the 1994 revision to the

authorized program. This provision, 40

CFR 266.20, was not the subject of the

revision authorization in EPA's

proposed rule at 67 FR 41207 (June 17,

2002), except that EPA proposed to

authorize a change to the State program

analog to 40 CFR 266.20(c), OAR 340-

100-0002 and 340-101-0001, regarding

anti-skid, deicing use of slags from high

temperature metals recovery processing

of certain hazardous wastes. EPA

reviewed the State's statutory authority

prior to proposing the revision to the

authorized hazardous waste program

and did not find any lack of authority

relative to the State's ability to

implement the State regulation. With

respect to the impact of ORS 633.311 on

the State regulations for hazardous

wastes "used in a manner constituting

disposal," commenters assume that

State fertilizer registration requirements

altered the State's jurisdiction over

waste-derived fertilizer. This is not the

case. ORS 633 adds certain fertilizer and

other soil-enhancing product

registration and labeling requirements to

Oregon's agricultural requirements but

does not alter the definition of solid or

hazardous waste in ORS 466.005(7) and

the implementing State regulations. The

State hazardous waste regulations and

the federal RCRA regulations, including

40 CFR 266.20, incorporated by

reference in the State regulations

pursuant to State statutory authority at

ORS 466, are not displaced by State

statutory provisions concerning

fertilizers and other soil-enhancing

products.

3. Waste-Derived Fertilizers

Commenters allege that ORS

633.311(28), Oregon's statutory

definition of waste-derived fertilizer, is

less stringent than federal rules because

the definition exempts waste-derived

fertilizer products from the definition of

solid waste. Commenters point to State

statutory provisions at ORS 466.067 in

support of their allegation. ORS 466.067

pertains to the modification of PCB or

hazardous waste permits to allow for

recycling operations. The statute allows

ODEQ to issue a permit modification

authorizing a recycling operation at a

hazardous waste or PCB treatment or

disposal facility located off the site of

waste generation at which ORS 466.055

(definitions for ORS 453.635 and

466.005 to 466.385) and ORS 466.060

(criteria to be met by owner and

operator before issuance of permit) will

not apply at these facilities provided the

owner or operator obtains a

determination from ODEQ that, in

accordance with federal RCRA, as

amended, "the recycling operation is

legitimate and will produce material

that is exempt from the definition of

solid waste." Neither ORS 466.06 7 nor

633.311(28) expressly exempt wastederived fertilizer products from the

definition of solid waste. The associated

rules in ORS Chapter 633 set out

licensing and labeling requirements for

fertilizer, agricultural mineral,

agricultural amendment and lime

products. ORS 466.067 requires that

ODEQ's determination of legitimate

recycling operations which will be

exempt from the definition of solid

waste be made in accordance with

federal RCRA. EPA's RCRA authorities

regulate fertilizers made from recycled

hazardous wastes and EPA's rules

classifying hazardous secondary

materials used in a manner constituting

disposal, including use as fertilizers,

allow EPA to classify such materials as

solid waste. EPA's rules, specifically 40

CFR 261.3(e)(2)(i), define materials used

in a manner constituting disposal, or

used to produce products that are

applied to the land, as solid wastes,

even if the recycling involves use, reuse,

or return of the material to the original

process. Consequently, because ODEQ's

determination that a legitimate recycling

operation is exempted from the

definition of solid waste is bounded by

the statutory requirement to make that

determination in accordance with

federal RCRA, ODEQ would not have

statutory authority to exempt solid

waste used in a manner constituting

disposal which are applied to the land

from the definition of solid wastes. EPA,

by the statutory definition of solid waste

and by regulation based on the statutory

definition, identifies such materials as

solid waste and ODEQ would also have

to identify such materials as solid waste.

Oregon's statutory definition does not

per se exempt waste-derived fertilizer

products from the definition of solid

waste and Oregon's statutory definition

of waste-derived fertilizer is not less

stringent than the federal rules.

C. What Decisions Have We Made in

This Rule?

We conclude that Oregon's

application to revise its authorized

hazardous waste program meets all of

the statutory and regulatory

requirements established by RCRA.

Therefore, we are granting Oregon final

authorization to operate its hazardous

waste program with the changes

described in the authorization

application and as described in this

final rule. Regulatory revisions which

are less stringent than Federal program

requirements and those regulatory

revisions which are broader in scope

than Federal program requirements are

not authorized.

Oregon will be responsible for

carrying out the aspects of Oregon's

authorized hazardous waste program

described in Oregon's revised program

application, subject to the limitations of

the Hazardous and Solid Waste

Amendments of 1984 (HSWA) and the

limitations of this authorization.

Oregon's authorized program does not

extend to Indian country. EPA retains

jurisdiction and authority to implement

RCRA over Indian country and over

trust lands.

New Federal requirements and

prohibitions imposed by Federal

regulations that EPA promulgates under

the authority of HSWA are

implementable and enforceable by EPA

and take effect in States with authorized

programs before such programs are

authorized for the requirements. Thus,

EPA will implement and enforce those

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

HSWA requirements and prohibitions in

Oregon, including issuing permits or

portions of permits, until the State is

granted authorization to do so.

D. What Will Be the Effect if Oregon Is

Authorized for These Changes?

The effect of this decision is that a

facility in Oregon subject to RCRA must

comply with the authorized State

program requirements and with the

federal HSWA provisions for which the

State is not authorized and RCRA

requirements that are not supplanted by

authorized state-issued requirements, in

order to comply with RCRA. Oregon

continues to have enforcement

responsibilities under its State

hazardous waste program for violations

of its authorized program. EPA retains

and continues to have independent

enforcement authority under RCRA

sections 3007, 3008, 3013, and 7003,

which include, among others, authority

to:

* Do inspections and require

monitoring, tests, analyses, or reports;

* Enforce RCRA requirements,

including State program requirements

that are authorized by EPA and any

applicable Federally-issued statutes and

regulations, and suspend or revoke

permits; and

* Take enforcement actions regardless

of whether the State has taken its own

actions.

This final action approving these

revisions does not impose additional

requirements on the regulated

community because the regulations for

which Oregon's program is being

authorized by today's action are already

effective under State law.

E. What Has Oregon Previously Been

Authorized For?

Oregon initially received final

authorization on January 30, 1986,

effective January 31, 1986 (51 FR 3779),

to implement the State's hazardous

waste management program. Oregon

received authorizations for revisions to

its program on March 30, 1990, effective

on May 29, 1990 (55 FR 11909); August

5, 1994, effective October 4, 1994 (59 FR

39967); June 16, 1995, effective August

15, 1995 (60 FR 31642); and October 10,

1995, effective December 7, 1995 (60 FR

52629).

F. What Changes Are 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 EPA in

accordance with 40 CFR 271.21 on

February 4, 2002, and deemed complete

by EPA on March 7, 2002. We now

make a final determination that

Oregon's hazardous waste program

revisions, as described in this rule,

satisfy the requirements necessary to

qualify for final authorization.

Regulatory revisions which are less

stringent than Federal program

requirements and those regulatory

revisions which are broader in scope

than Federal program requirements are

not authorized.

The Oregon Hazardous Waste

Management Program, which was

administered by the Oregon Department

of Environmental Quality (DEQ), Waste

Prevention and Management Division,

reorganized effective October 1, 2001

and is now administered by the DEQ

Land Quality Division. This rule

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 is being authorized for

today. All of the referenced analogous

State authorities were legally adopted

and effective as of July 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 Inform ation ...................................

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

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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 (C L 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 ....................................

6 1 F R 15566 , 4/8/96 ........................................

6 1 F R 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 F R 42 110 , 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.

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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).

HW IR- 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).

1 For further discussion on where the revised State rules differ from the Federal rules refer to Section G. below, the authorization revision application, and the administrative record for this final rule. 2 CL # (Checklist) generally reflects changes made to the 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 From the Federal Rules?

This section discusses some of the

differences between the revisions EPA is

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 by reference, the State also

writes its own version of many of the

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 is broader

in scope. The State is not authorized for

less stringent rules or broader in scope

rules. Less stringent State rules and

broader in scope rules do not supplant

federal regulations. Persons should

consult the table referenced above for

the specific State regulations which EPA

proposes to authorize.

Certain portions of the federal

program are not delegable/authorizable

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. 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, EPA will continue to

implement requirements for import/

export functions. EPA does not

delegate/authorize certain of the Federal

Land Disposal Restriction requirements,

40 CFR Part 268, because of the national

concerns that must be examined when

decisions are made under the following

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; and 40

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 State Program Is More

Stringent

States are allowed to seek

authorization for State requirements that

are more stringent than federal

requirements. EPA has authority to

authorize and enforce those parts of a

State's program EPA finds to be more

stringent than the federal program. This

section does not discuss each more

stringent 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 its hazardous waste

management program for which EPA

has determined the requirements are

more stringent than the standards of the

Federal RCRA program set forth in 40

CFR parts 260-279.

States sometimes make changes to

their previously authorized programs for

which they need to seek

reauthorization. Oregon made such a

change to its rules for availability of

information. The State program

requirement at OAR 340-100-0003,

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which replaces the federal requirements

at 40 CFR 260.2 for availability of

information, is determined to be more

stringent than the federal program

because State regulations require

additional justification for trade secret

claims and establish a time frame of 15

to 30 days for clarifying claims. OAR

340-105-0012 was revised to require

identical trade secret claims

substantiation for permits as required by

OAR 340-100-0003.

The State program regulation at OAR

340-101-0004(3) is determined to be

more stringent than the federal program

at 40 CFR 261.4(g), Dredged Materials,

in that the State program deletes 40 CFR

261.4(g) from its incorporation of the

federal regulations by reference.

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 to a hazardous waste

determinations, State programs were

allowed the option of choosing 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 to be

more stringent than the federal program

regulation at 40 CFR 262.11 because

generators of hazardous waste in Oregon

must keep documentation of

"knowledge of process" 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 it adds 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 of 40

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)

and to maintain copies of all reports on

waste generated for three years.

The State program is determined to be

more stringent at OAR 340-104-0001(6)

than the federal program with respect to

facilities receiving hazardous waste

from offsite because 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 offsite hazardous waste.

The State program is determined to be

more stringent than the federal program

with respect to the federal HWIR media

rule because the State regulations do not

allow for the use of Remedial Action

Plans (RAPs) as found in the federal

requirements at 40 CFR part 270,

subpart H. The State regulations at OAR

340-105-0003 delete from their

incorporation by reference of the federal

regulations those regulations allowing

for RAPs. Oregon inadvertently

incorporated 40 CFR 270.230(e)(1) by

reference but did not seek and is not

authorized for the provision.

The State program is determined to be

more stringent than the federal program

with respect to the federal Post Closure

(PC) rule (63 FR 56710) because the

State program specifically excluded the

PC rule from its incorporation by

reference of the federal regulations at

OAR 340-100-0002.

The State program is determined to be

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 system in 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 the processes

and activities at the Umatilla Chemical

Depot and are determined to be 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 could be 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 to be more

stringent than the federal program

because OAR 340-104-1201 adds

additional requirements to munitions

storage, including requirements for:

storage unit operations and management

plans; vapor containment mechanisms

for nerve agent storage units; a

requirement to not allow storage of

munitions in an open area; and the State

definition of "no migration" to mean no

detectable concentration of chemical

agent outside the storage unit. EPA's

regulations defer the "no migration"

criteria to Army management

procedures which allow some

detectable migration.

The State is determined to be more

stringent than the federal program

because the State program defines, for

purposes of reportable quantities,

chemical agents (such as, for example,

nerve agents GB, VX, and blister agent

HD) to be 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 to be more

stringent than the federal program in its

incorporation by reference of the federal

regulations at OAR 340-105-0041(3)

because the State program deleted a

cross-reference to the federal regulation

at 40 CFR 270.42(h) and replaced the

cross-reference with a citation to OAR

340-105-0041(4) which for the Umatilla

Chemical Depot does not allow the

acceptance of off-site shipments of

munitions. The federal program does

not restrict acceptance of such off-site

shipments at the Umatilla Chemical

Depot.

EPA has made the determination that

certain of the State program regulations

for universal waste are more stringent

than the federal regulations.

The State regulations at OAR 340-

113-0040(2)(b), (2)(b)(B), (3)(a) and (b),

are determined to be more stringent

than the federal regulations at 40 CFR

273.12 and 273.32(b)(5), because the

State requires owners or operators of offsite universal waste collection sites

accumulating more than 1,000 kg of

universal waste and non-pesticide

universal waste to meet the notification

requirements for large quantity

generators and to submit additional

information with the notification. The

more stringent requirements of OAR

340-113-0040(2) and (3) are not

applicable under the State regulation at

OAR 340-113-0040(1)(b) to persons

who collect, store or transport universal

waste batteries.

The State regulations at OAR 340-

113-0040(3)(a) and (b) are determined

to be more stringent than the federal

regulations at 40 CFR 273.15(a) and (b)

and 273.35(a) and (b), because the State

regulations require owners and

operators of off-site collection sites

accumulating more than 1,000 kg of

universal waste to limit the

accumulation time to a six month

period or to receive written approval

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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 shipments because the State

regulation applies to small quantity

handlers accumulating more than 1,000

kg of universal waste.

The State regulation at OAR 340-113-

0040(4)(b) is determined to be more

stringent than the federal regulation at

40 CFR 273.39(a) because the State

regulation requires an off-site collection

site to 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 of universal

waste for all destination facilities.

The State regulation at OAR 340-113-

0060(2)(b) is determined to be more

stringent than the federal regulation at

40 CFR 273.81(c) in listing additional

factors to be considered when reviewing

a petition to remove a universal waste

from the universal waste rule. However,

the use of such factors in the

implementation of the authorized

hazardous waste program cannot result

in the universal waste not remaining

subject to the hazardous waste

regulations.

The State program is determined to be

more stringent than the federal

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 to keep rainwater from

coming in contact with used 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 to respond to spills

and releases according to more specific

State requirements of OAR 340 Division

108 and requires used oil handlers to

take immediate action to mitigate, report

and clean up threatened spills and

releases of used oil as required in OAR

340 Division 108.

Areas Where the State Program Is

Broader in Scope

States are not allowed to seek

authorization for State requirements that

are broader in scope than the federal

requirements. EPA does not have

authority to authorize and enforce those

parts of a State's program which are

broader in scope than the federal

program. Because the State program at

OAR 340-101-0004 deleted from its

incorporation by reference of the federal

regulations the provisions of 40 CFR

261.4(b)(7)(ii), a list of 20 wastes from

the extraction, beneficiation and

processing of ores and minerals (Bevill

wastes) which under the federal

program are solid wastes that are not

hazardous wastes, EPA has made the

determination that the State program 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 stored prior 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 spent materials, and 40 CFR 261.24

as it applied to manufactured gas plant

waste, were subsequently revised (67 FR

11251, March 13, 2002) because of a

court vacatur of certain provisions of the

regulations. Because of the vacatur, EPA

cannot authorize the rules; thus EPA has

made the determination that the State is

broader in scope because the State

program regulations at OAR 340-100-

0002 incorporated the federal rules by

reference as those rules existed before

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. EPA has

made the determination that the State

hazardous waste program is broader in

scope to the extent, if at all, the State

hazardous waste regulations reference

or cross-reference the vacated 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 of the federal

regulations. A generator of state-only

pesticide residues may designate such

residues as "waste pesticide" and

manage the residues in a manner

consistent with the universal waste

management standards of OAR Division

113, under a state water pollution

control facility permit, at a Subpart C

facility as allowed by OAR 340-109-

0010(4)(a) or in a Subpart D facility

provided land disposal restrictions were

met. Portions of the State definition for

universal waste, OAR 340-113-0020(4)

are determined to be broader in scope

than the federal regulations at 40 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),

are those not subject to regulation as

hazardous waste under the federal

regulations at 40 CFR parts 260 to 270.

Portions of the State definition of

"universal waste," OAR 340-113-

0020(4), are also determined to be

broader in scope where the definition

includes "pesticide residues" that are

not part of the 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 of the universal

waste rules. This addition is determined

to be broader in scope where such waste

pesticides or pesticide residues would

not be part of the federal program.

H. Who Handles Permits After This

Authorization Takes Effect?

Oregon will issue permits for all the

provisions for which it is authorized

and will administer the permits it

issues. All permits, or portions of

permits, issued by EPA Region 10 prior

to final authorization of this revision

will continue to be administered by EPA

Region 10 until the issuance or reissuance after modification of a State

RCRA permit and until EPA takes action

on its permit or portion of permit.

HSWA provisions for which the State is

not authorized will continue in effect

under the EPA-issued permit or portion

of permit. EPA will continue to issue

permits, or portions of permits, for

HSWA requirements for which the State

program in Oregon is not yet authorized.

I. How Does Today's Action Affect

Indian Country (18 U.S.C. 1151) in

Oregon?

EPA's decision to authorize the

hazardous waste program does not

include any land that is, or becomes

after the date of this authorization,

"Indian Country," as defined in 18

U.S.C. 1151. This includes: (1) All lands

within the exterior boundaries of Indian

reservations within or abutting the State

of Oregon; (2) Any land held in trust by

the U.S. for an Indian tribe; and (3) Any

other land, whether on or off an Indian

reservation that qualifies as Indian

country. Therefore, this action has no

effect on Indian country. EPA retains

jurisdiction over "Indian Country" as

defined in 18 U.S.C. 1151 and will

continue to implement and administer

the RCRA program in Indian country.

J. What Is Codification and Is EPA

Codifying Oregon's Hazardous Waste

Program As Authorized in This Rule?

Codification is the process of placing

the State's rules that comprise the

57343

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State's authorized hazardous waste

program into the Code of Federal

Regulations. We do this by 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 of Management and Budget

has exempted this action from the

requirements of Executive 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 of RCRA

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 of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this action authorizes

pre-existing requirements under State

law and does not impose any additional

enforceable duty beyond that required

by State law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (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 action will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

authorizes State requirements as part of

the State RCRA hazardous waste

program without altering the

relationship or the distribution of power

and responsibilities established by

RCRA. This action also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant and it does not

make decisions based on environmental

health or safety risks. This action is not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply

Distribution or Use" (66 FR 28344, May

22, 2001) because it is not a significant

regulatory action under Executive Order

12866. The final rule does not include

environmental justice issues that require

consideration under Executive Order

12898 (59 FR 7629, February 16, 1994).

Under RCRA 3006(b), EPA grants a

State's application for authorization as

long as the State meets the criteria

required by RCRA. It would thus be

inconsistent with applicable law for

EPA, when it reviews a State

authorization application, to require the

use of any particular voluntary

consensus standard in place of another

standard that otherwise satisfies the

requirements of RCRA. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the "Attorney

General's Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings' issued under the

executive order. This final rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States prior to publication

in the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: August 30, 2002.

L. John lani,

Regional Administrator, Region 10.

[FR Doc. 02-22985 Filed 9-9-02; 8:45 am]

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR 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 of international

telecommunications services. Because

an error was made in the publication of

the final rule, this document contains a

correction to the final rule document

which was published in the 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 of the final rule in the above

captioned proceeding. Instruction 11 of

the rules amended § 63.21 by removing

paragraph (h) and redesignating

paragraphs (i) and (j) and paragraphs (h)

and (i). In resdesignating paragraph (j)

as paragraph (i), the instructions

neglected to revise the reference to

paragraph (i).

In rule FR DOC 02-16738 published

on July 9, 2002 (67 FR 45391), in the

second column, instruction 11 is

corrected to read as follows:

11. Section 63.21 is amended by

removing paragraph (h), redesignating

paragraphs (i) and (j) as paragraphs (h)

and (i), and by revising newly

redesignated paragraph (i) to read as

follows:

§63.21 Conditions applicable to all

international Section 214 authorizations.

(i) An authorized carrier, or a

subsidiary operating pursuant to

paragraph (h) of this section, that

changes its name (including the name

under which it is doing business) shall

notify the Commission by letter filed

with the Secretary in duplicate within

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