Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Proposed Rules

408 of the FFDCA if such use is in

accordance with good agricultural or

manufacturing practices.

(1) Commonly-consumed food

commodities." Commonly-consumed

food commodities" means foods that are

commonly consumed for their nutrient

properties. The term "commonlyconsumed food commodities" shall only

apply to food commodities, whether a

raw agricultural commodity or a

processed commodity, in the form the

commodity is sold or distributed to the

public for consumption.

(i) Included within the term

"commonly-consumed food

commodities" are:

(A) Sugars such as sucrose, lactose,

dextrose and fructose, and invert sugar

and syrup.

(B) Spices such as cinnamon, cloves,

and red pepper.

(C) Herbs such as basil, anise, or

fenugreek.

(ii) Excluded from the term

"commonly-consumed food

commodities" are:

(A) Any food commodity that is

adulterated under 21 U.S.C. 342.

(B) Both the raw and processed forms

of peanuts, tree nuts, milk, soybeans,

eggs, fish, crustacea, and wheat.

(C) Alcoholic beverages.

(D) Dietary supplements.

(2) Animal feed items. "Animal feed

items" means all items derived from

field crops that are fed to livestock, and

meat meal. Meat meal is an animal feed

composed of dried animal fat and

protein that has been sterilized. Other

than meat meal, the term "animal feed

item" does not extend to any item

designed to be fed to animals that

contains, to any extent, components of

animals.

(i) Included within the term "animal

feed items" are:

(A) The hulls and shells of the

commodities specified in paragraph

(g)(1)(ii)(B) of this section, and cocoa

beans.

(B) Bird feed such as canary seed.

(C) Any feed component of a

medicated feed meeting the definition of

an animal feed item.

(ii) Excluded from the term animal

feed item are both the raw and

processed forms of peanuts, tree nuts,

milk, soybeans, eggs, fish, crustacea,

and wheat.

(3) Edible fats and oils. Edible fats and

oils means all edible (food or feed) fats

and oils, derived from either plants or

animals, whether or not commonly

consumed, including products derived

from hydrogenating (food or feed) oils,

or liquefying (food or feed) fats.

Excluded from the term edible fats and

oils are plant oils used in the pesticide

chemical formulation for their

characteristic smell and/or taste and oils

derived from the commodities specified

in paragraph (g)(1)(ii)(B) of this section

except to the extent such oils are highly

refined.

4. Section 180.1071 is revised to read

as follows:

§180.1071 Egg solids (whole); exemption

from the requirement of a tolerance.

A time-limited tolerance exemption

expiring [insert date 3 years from date

of publication of the final rule in the

Federal Register] is established for

residues of whole egg solids (of at least

feed grade quality) when used as an

animal repellent in or on almonds and

applied to the growing crop in

accordance with good agricultural

practices.

§ 180.1164 [Removed]

5. Section 180.1164 is removed.

§ 180.1194 [Removed]

6. Section 180.1194 is removed.

[FR Doc. 02-699 Filed 1-14-02; 8:45 a.m.]

BILLING CODE 6560-50-S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL-7127-6]

Washington: Proposed Authorization

of State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Washington has applied to

EPA for final authorization of changes to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA has reviewed

Washington's application and made the

preliminary decision that these changes

satisfy all requirements needed to

qualify for final authorization, and is

proposing to authorize the State's

changes.

DATES: EPA will accept written

comments on the Agency's preliminary

decision to authorize changes to the

State of Washington's hazardous waste

management program which are

received at the address below on or

before February 14, 2002.

ADDRESSES: Send written comments to

Nina Kocourek, U.S. EPA, Region 10,

Office of Waste and Chemicals

Management, 1200 Sixth Avenue, Mail

Stop WCM-122, Seattle, WA 98101,

phone, (206) 553-6502. You can

examine copies of the materials

submitted by Washington during normal

business hours at the following

locations: EPA Region 10 Library, 1200

Sixth Avenue, Seattle WA 98101,

phone, (206) 553-1289; and at the

Washington Department of Ecology, 300

Desmond Drive, WA 98503; Ecology

contact is Patricia Hervieux at (360)

407-6756.

FOR FURTHER INFORMATION CONTACT:

Nina Kocourek, U.S. EPA Region 10,

Office of Waste and Chemicals

Management, 1200 Sixth Avenue, Mail

Stop WCM-122, Seattle, WA, 98101;

(206) 553-6502. For general information

available on the authorization process,

see EPA's website 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 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 Decisions Have We Made in

This Rule?

EPA has made the preliminary

determination that Washington's

program, as revised, meets the statutory

and regulatory requirements established

by RCRA. Therefore, we are proposing

to grant Washington final authorization

to operate its hazardous waste program

with the changes described in the

authorization application and as

described in this proposed rule.

Regulatory revisions which are less

stringent than Federal program

requirements and those regulatory

revisions which are broader in scope

than Federal program requirements will

not be authorized.

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Washington's authorized program will

be responsible for carrying out the

aspects of the RCRA program described

in its revised program application,

subject to the limitations of the

Hazardous and Solid Waste

Amendments of 1984 (HSWA) and the

limitation of this authorization.

Washington's authorized program does

not extend to Indian country, except

that Washington does have jurisdiction

over non-trust lands within the 1873

Survey Area of the Puyallup Reservation

as defined in the Settlement Agreement

between the Puyallup Tribe, Federal,

State and local governments dated

August 27, 1988. EPA retains

jurisdiction and authority to implement

RCRA over Indian country and over

trust lands, Indians and Indian activities

within the 1873 Survey Area.

New Federal requirements and

prohibitions imposed by Federal

regulations that EPA promulgates under

the authority of HSWA are

implementable by EPA and take effect

in States with authorized programs

before such programs are authorized for

the requirements. Thus, EPA will

implement those HSWA requirements

and prohibitions in Washington,

including issuing permits, until the

State is granted authorization to do so.

C. What Will Be the Effect if

Washington Is Authorized for These

Changes?

If Washington is authorized for these

changes, a facility in Washington

subject to RCRA will have to comply

with the authorized State program

requirements and with the federal

HSWA provisions for which the State is

not authorized in order to comply with

RCRA. Washington has enforcement

responsibilities under its State

hazardous waste program for violations

of its currently authorized program and

will have enforcement responsibilities

for the revisions which are the subject

of this proposed rule once a final

rulemaking becomes effective. EPA

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.

The action to approve these revisions

will not impose additional requirements

on the regulated community because the

regulations for which Washington's

program will be authorized are already

effective under State law.

D. What Happens if EPA Receives

Comments That Oppose This Action?

If the EPA receives significant written

comments on this authorization, we will

address those comments in a later final

rule. You may not have another

opportunity to comment. If you want to

comment on this authorization, you

must do so at this time.

E. What Has Washington Previously

Been Authorized for?

Washington initially received final

authorization on January 30, 1986,

effective January 31, 1986 (51 FR 3782),

to implement the State's dangerous

waste management program. EPA

granted authorization for changes to

Washington's program on September 22,

1987, effective on November 23, 1987

(52 FR 35556); August 17, 1990,

effective October 16, 1990 (55 FR

33695); November 4, 1994, effective

November 4, 1994 (59 FR 55322);

February 29, 1996, effective April 29,

1996 (61 FR 7736); September 22, 1998,

effective October 22, 1998 (63 FR 50531)

and on October 12, 1999 effective

January 11, 2000 (64 FR 55142).

F. What Changes Are We Proposing to

Washington's Authorized Program?

EPA is proposing to authorize

revisions to Washington's authorized

program described in Washington's

official program revision application,

submitted to EPA on August 2, 2001,

and deemed complete by EPA on

September 19, 2001. We have made a

preliminary determination that

Washington's hazardous waste program

revisions, as described in this proposed

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 will

not be authorized.

The following table, Table 1,

identifies equivalent and more stringent

analogues to the Federal regulations for

those regulatory revisions Washington is

seeking authorization for. All of the

referenced analogous state authorities

were legally adopted and effective as of

June 10, 2000.

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

Checklist 1 Federal requirements Federal Register Analogous State authority (WAC 173-303-' * *)

17P 2 ...................... I Interim Status .................... 1 50 FR 28702, 7/15/85 ......................

1 4 4 .........................

1 4 8 2 .......................

Removal of Legally Obsolete Rules.

RCRA Expanded Public

Participation.

60 FR 33912, 06/29/95 ....................

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

803(1), 803(2); 806(2)(a) 806(2)(b); 806(8); 803(2)(a),

803(2)(b); 810(11)(c), 810(11)(e); 805(1)(b),

805(1 )(c), 805(8)(f)(i), 805(8)(f)(ii), 805(8)(g),

805(8)(h), 805(8)(i), 805(8)(j).

803(2)(b), 803(4)(b), 803(5)(a)(i), 803(5)(a)(i)(A),

803(5)(a)(i)(B), 803(5)(a)(i)(C).

281(4) and 281(4)(a), 281(4)(b), 281(4)(c), 281(4)(d),

281 (4)(d)(i), 281 (4)(d)(i)(A), 281 (4)(d)(i)(B),

281(4)(d)(i)(C), 281(4)(d)(i)(D), 281(4)(d)(ii),

281(4)(d)(ii)(A), 281(4)(d)(ii)(B), 281(4)(d)(ii)(C),

281(4)(d)(ii)(D), 281(4)(d)(ii)(E); 281(5), 281(5)(a),

281(5)(b), 281 (5)(b)(i), 281 (5)(b)(ii), 281 (5)(b)(ii)(A),

281(5)(b)(ii)(B), 281(5)(b)(ii)(C), 281(5)(b)(ii)(D),

281(5)(b)(ii)(E), 281 (5)(b)(ii)(F), 281(5)(b)(iii), 281(6)

and 281(6)(a), 281(6)(b), 281(6)(c), 281(6)(d),

281(6)(e), 281(6)(f); 040; 806(4)(a)(xxv); 810(16);

804(6)(a); 807(6), 807(6)(a), 807(6)(b), 807(6)(b)(i),

807(6)(b)(ii), 807(6)(b)(iii), 807(6)(b)(iv), 807(7),

807(8)-(11), 807 (14).

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

Checklist 1Federal requirements Federal Register Analogous State authority (WAC 173-303-* * *)

1 5 1 .........................

1 5 3 .........................

1 5 4 2 .......................

1 5 6 2 .......................

1 5 7 .........................

1 5 8 .........................

1 6 2 .........................

Land Disposal Phase IIIDecharacterized

Wastewaters, Carbamate Wastes, and Spent

Potliners.

Conditionally Exempt

Small Quantity Generator Disposal Options

Under Subtitle D.

Consolidated Organic Air

Emission Standards for

Tanks, Surface Impoundments, and Containers: (Includes CC

and the 300 hour BB exemption).

Military Munitions Rule

Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of

Hazardous Waste on

Right-of-Ways on Contiguous Properties.

Land Disposal Restrictions

Phase IV-Treatment

Standards for Wood Preserving Wastes, Paperwork Reduction and

Streamlining, Exemptions From RCRA for

Certain Processed Materials; and Miscellaneous

Hazardous Waste Provisions.

Testing Monitoring Activities Amendment Ill.

Clarification of Standards

for Hazardous Waste

LDR Treatment

Variances.

61 FR 15566, 04/08/96; 61 FR

15660,04/08/96; 61 FR 19117,

04/30/96; 61 FR 33680, 06/28/96;

61 FR 36421, 07/10/96; 61 FR

43924, 08/26/96; 62 FR 7502, 02/

19/97.

61 FR 34252, 07/01/96 ....................

59 FR 62896, 12/06/94; 60 FR

26828, 05/19/95; 60 FR 50426,

09/29/95; 60 FR 56952, 11/13/95;

61 FR 4903, 02/09/96; 61 FR

28508, 06/05/96; 61 FR 59932,

11/25/96.

62 FR 6622, 02/12/97 ......................

62 FR 25998, 05/12/97 ....................

62 FR 32452, 06/13/97 ....................

62 FR 64504, 12/05/97 ....................

140 (2)(a).

070(8)(b), 070(8)(b)(iii),

070(8)(b)(iii)(B), 070(8)(b)(iii)(E),

070(8)(b)(iii)(D), 070(8)(b)(iii)(H).

070(8)(b)(iii)(A),

070(8)(b)(iii)(F),

692(3); 110(3)(g)(ix),l 10(3)(g)(x); 120(4)(d), 120(4)(e);

200(1 )(b)(i), 200(1 )(b)(ii); 201 (e); 300(5)(f),

300(5)(i), 300(5)(i)(A), 300(5)(i)(B); 320(2)(c);

380(1)(c), 380(1)(f), 390(3)(d); 630(11); 640(11);

650(12); 680(2); 690(1 )(b), 690(1)(b)(i), 690(1 )(b)(ii),

690(1 )(b)(iii), 690(1 )(c), 690(2); 691 (1)(b),

691(1)(b)(i), 691(1)(b)(ii), 691(1)(b)(iii), 691(1)(f),

691/note at end of (1), 691(2); 692(1)(a), 692(1)(b),

692(1 )(b)(i), 692(1 )(b)(ii), 692(1 )(b)(iii), 692(1 )(b)(iv),

692(1 )(b)(v), 692(1 )(b)(vi), 692(1 )(b)(vii),

692(1)(b)(viii), 692(1)(c), 692(1)(d), 692(1)(d)(i),

692(1 )(d)(ii), 692(1 )(d)(iii); 692(2); 400(2)(a);

300(5)(f), 300(5)(i), 300(5)(i)A), 300(5)(i)(B);

320(2)(c); 380(1)(c), 380(1)(f); 390(3)(d); 400(3)(a);

810(8)(a)(ii), 810(8)(a)(iii), 810(8)(a)(iv);

806(4)(a)(v), 806(4)(b)(vi), 806(4)(c)(xiii),

806(4)(d)(xi), 806(4)(m).

040; 016(3)(b)(iii), 016(3)(b)(iv); 170(5); 180(6); 240

(10); 600(3)(p), 600(3)(p)(i)(D), 600(3)(p)(iv),

600(3)(q); 693(l), 693(2)(a), 693(2)(a)(i),

693(2)(a)(ii), 693(2)(a)(iii), 693(2)(a)(iv),

693(2)(a)(v), 693(2)(b), 693(2)(b)(i), 693(2)(b)(i)(A),

693(2)(b)(i)(B), 693(2)(b)(i)(B)(l)-(lll), 693(2)(b)(i)(C),

693(2)(b)(ii), 693(2)(b)(iii), 693(2)(c), 693(2)(d),

693(2)(e), 693(2)(f); 693(3)(a , 693(3)(b);

400(2)(c)(xiii)(A)(IV), 400(2)(c)(xiii)(D),

400(2)(c))(xii), 400(3)(b); 400(3)(c)(xii); 578(1)(a),

578(1)(b), 578(2)(a), 578(2)(a)(i), 578(2)(a)(i)(A),

578(2)(a)(i)(B), 578(2)(a)(i)(C), 578(2)(a)(ii),

578(2)(b), 578(2)(b)(i), 578(2)(b)(ii), 578(2)(b)(iii),

578(2)(b)(iv), 578(2)(c), 578(2)(c)(i), 578(2)(c)(ii),

578(2)(d), 578(3), 578(4)(a), 578(4)(a)(i),

578(4)(a)(i)(A), 578(4)(a)(i)(B), 578(4)(a)(i)(C),

578(4)(a)(i)(D), 578(4)(a)(i)(E), 578(4)(a)(i)(F),

578(4)(a)(i)(G), 578(4)(a)(ii), 578(4)(a)(iii), 578(4)(b),

578(4)(c); 578(5); 800(7)(c)(i)(D), 800(7)(c)(i)(E);

830(4)(h), 830(4)(h)(i), 830(4)(h)(ii), 830(4)(h)(iii),

830(4)(i).

040; 016(2)(1), 016(2)(m), 016(2)(n), 016(2)(o); 016(5)

Table 1; 071(3)(ff), 071(3)(gg), 071(3)(gg)(i),

071(3)(gg)(ii); 120(2)(a)(iv); 140(2)(a).

110(1); 110(3)(h)(v), 110(3)(h)(vi), 110(3)(g)(i),

110(3)(g) (ii), 110(3)(g)(iii), 110(3)(g)(iv), 110(3)(g)(v), 110(3)(g)(vi), 110(3)(g)(viii),

110(3)(h)(i), 110(3)(a), 110(3)(h)(ii), 110(3)(h)(iii),

110(3)(h)(vii), 110(3)(g)(x); 690(2); 691(2);

645(4)(a); 400(3)(a).

140 (2)(a).

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

Checklist 1Federal requirements Federal Register Analogous State authority (WAC 173-303-* * *)

1 6 3 .........................

1 6 4 .........................

16 7 A .......................

16 7 B .......................

167C ......................

16 7 F .......................

1 6 9 2 .......................

1 7 0 .........................

1 7 1 .........................

1 7 2 .........................

1 7 3 .........................

1 7 4 3 .......................

1 7 5 2 .......................

1 7 6 .........................

1 7 7 .........................

Organic Air Emission

Standards for Tanks,

Surface Impoundments,

and Containers; Clarification and Technical

Amendment: (AA, BB,

CC).

Kraft Mill Steam Stripper

Condensate Exclusion.

Land Disposal Restriction

Phase IV-Treatment

Standards for Metal

Wastes and Mineral

Processing Wastes.

Land Disposal Restriction

Phase IV-Hazardous

Soils Treatment Standards and Exclusions.

Land Disposal Restrictions

Phase IV-Corrections.

Exclusion of Recycled

Wood Preserving Wastewater.

Petroleum Refining Process Wastes.

Land Disposal Restrictions

Phase IV-Zinc Micro

nutrient Fertilizers,

Amendment.

Emergency Revision of the

Land Disposal Restrictions (LDR) Treatment

Standards for Listed

Hazardous Wastes from

carbamate Production.

Land Disposal Restriction

Phase IV-Extension of

Compliance Date for

Characteristic Slags.

Land Disposal Restrictions;

Treatment Standards for

Spent Potliners from Primary Aluminum Reduction Rule (K088); Final

Rule.

Post Closure Permit Requirement and Closure

Process: Requirements

for alternative groundwater monitoring requirements for regulated units

colocated with SWMU's

where both types of

units have released to

the environment..

HW IR-M edia ......................

Universal Waste RuleTechnical Amendments.

Organic Air Emission

Standards Clarification

and Technical Amendments: (AA, BB, CC).

62 FR 64636, 12/08/97 ....................

62 FR 18504, 04/15/98 ....................

63 FR 28556, 05/26/98 ....................

63 FR 28556, 05/28/98 ....................

63 FR 28556, 05/26/98 ....................

63 FR 28556, 05/26/98 ....................

63 FR 42110, 08/06/98 ....................

63 FR 46332, 08/31/98 ....................

63 FR 47410, 09/04/98 ....................

63 FR 48124, 09/09/98 ....................

63 FR 51254, 09/24/98 ....................

63 FR 56710, 10/22/98 ....................

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

63 FR 71225, 12/24/98 ....................

64 FR 3382, 01/21/99 ......................

320(2)(c); 380(1 )(f); 690(1 )(b)(iii), 690(1 )(c), 690(1 )(d);

690(2); 691(1)(b)(iii), 691(1)(c), 691(1)(f), 691(2);

692(1)(b)(i), 692(1)(c), 692(2); 320(2)(c); 400(3)(a);

806(4)(a)(v).

071 (3)(mm).

140(2)(a).

140(2)(a).

140(2)(a).

071 (3)(w)(iii), 071 (3)(w)(iii)(A), 071 (3)(w)(iii)(B),

071 (3)(w)(iii)(C), 071 (3)(w)(iii)(D), 071 (3)(w)(iii)(E).

071 (3)(p), 071 (3)(jj); 071 (3)(cc)(i), 071 (3)(cc)(ii),

071(3)(hh), 071(3)(hh)(i), 071(3)(hh)(ii), 071(3)(ii);

016(5)(d)(ii); 120 (2)(a)(viii)(c); 9904; 082(4);

140(2)(a).

140(2)(a).

140(2)(a).

140(2)(a).

140(2)(a).

645(1 )(e), 645(1 )(e)(i), 645(1 )(e)(ii); 610(1 )(d),

610(1)(d)(i), 610(1 )(d)(ii); 610(3)(a)(ix),

610(3)(b)(ii)(D); 610(8)(b)(iv), 610(8)(d)(ii)(D);

620(1 )(d), 620(1 )(d)(i), 620(1 )(d)(ii); 400(3)(a).

040; 071(3)(11) first line, 071(3)(11)(i) through (iii);

280(5); 280(6), 280(6)(a), 280(6)(b), 280(6)(c),

280(6)(d), 280(6)(e), 280(6)(f), 280(6)(g), 280(6)(h),

280(6)(i), 280(6)(j), 280(6)(k); 646(1)(c); 646(4)(a),

646(7)(a), 646(8); 400(2)(a); 140(2)(a); 810(13)(a);

830 Appendix 1, D.3.g.; 830, Appendix 1, N.3.

520(1), 520(2), 520(2)(a), 520(2)(b), 520(2)(c); 040.

200(1)(b)(i), 200(1)(b)(ii); 690(2); 692(1)(v), 692(2);

400(3), 400(3)(a).

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

Checklist Federal requirements Federal Register Analogous State authority

(WAC 173-303-' * *)

178 ......................... Petroleum Refining Proc- 64 FR 6806, 02/11/99 ...................... 071(3)(kk), 071(3)(kk)(i), 071(3)(kk)(ii), 071(3)(kk)(iii),

ess Wastes-Leachate 071 (3)(kk)(vi), 071 (3)(kk)(v).

Exemption.

1792 ....................... Land Disposal Phase IV- 64 FR 25408, 05/11/99 .................... 016(5)(c); 016 Table 1; 017(2)(a)(iii); 201(2);

Technical Corrections 140(2)(a).

and Clarifications to

Treatment Standards.

180 ......................... Test Procedures for Anal- 64 FR 26315, 05/14/99 .................... 110(3)(a), 110(3)(h)(iv).

ysis of Oil and Grease

and Non-Polar Material.

1812 ....................... Universal Waste Rule Spe- 64 FR 36466, 07/09/99 .................... 040; 077(2), 077(3); 600(3)(o)(ii), 600(3)(o)(iii);

cific Provisions for Haz- 400(2)(c)(xi)(B), 400(2)(c)(xi)(C); 140(2)(a);

ardous Waste Lamps. 800(7)(c)(iii)(B), 800(7)(c)(iii)(C); 573(1)(a)(ii),

573(1)(a)(iii), 573(2)(a)(i), 573(2)(b)(ii), 573(2)(b)(iii),

573(3)(a); 573(5)(a), 573(5)(b), 573(5)(b)(i),

573(5)(b)(ii), 573(5)(c), 573(5)(c)(i), 573(5)(c)(ii),

573(4)(a), 573(4)(a)(i), 573(4)(a)(ii), 573(4)(b),

573(6), 573(9)(c), 573(9)(c)(i), 573(9)(c)(ii),

573(9)(c)(iii), 573(10)(c), 573(17), 573(19)(b)(iv),

573(19)(b)(v), 573(20)(c), 573(20)(c)(i),

573(20)(c)(ii), 573(20)(c)(iii), 573(21)c), 573(28),

573(35)(a), 573(40)(a).

112, 122, 130, 166 Recycled Used Oil Man- 57 FR 41566, 09/10/92; 58 FR 040; 515(4); 071(3)(z), 071(3)(kk); 120(3); 120(3)(g),

(Special Consoli- agement Standards as 26420, 05/03/93; 58 FR 33341, 120(3)(f); 120(2)(v), 120(2)(a)(viii)(A),

dated Checklist 2 ). of June 30, 1999. 06/17/93; 59 FR 10550, 03/04/94; 120(2)(a)(viii)(B), 120(2)(a)(viii)(C), 120(5); 600(5);

63 FR 24963, 05/06/98; 63 FR 510(1)(b)(i); 515(2), 515(3), 515(4), 515(5), 515(6),

37780, 07/14/98. 515(6)(c), 515(7), 515(8), 515(9), 515(9)(a),

515(9)(b), 515(10), 515(11), 515(12).

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 proposed rule. 2 State rule contains some more stringent provisions. For identification of more stringent state provisions refer to the authorization revision application and the administrative record for this decision.

3 State does not seek authorization for enforceable mechanisms in lieu of post-closure permits.

G. Where Are the Revised State Rules

Different From the Federal Rules?

This section discusses some of the

differences between the revisions

Washington proposed to its authorized

program and the Federal regulations.

Not all program differences are

discussed in this section because

Washington writes its own version of

the federal hazardous waste rules. This

section discusses certain rules where

EPA is making a finding that the state

program is more stringent and will be

authorized, rules where the state

program is broader in scope and will not

be authorized, and rules where the state

program is less stringent than the

federal requirements. The state will not

be authorized for the less stringent

rules. Less stringent state rules do not

supplant federal regulations. Persons

must consult the table referenced above

for the specific state regulations which

EPA proposes to authorize.

Certain portions of the federal

program are not delegable to the states

because of the Federal government's

special role in foreign policy matters

and because of national concerns that

arise with certain decisions. EPA does

not delegate import/export functions.

Under the RCRA regulations found in 40

CFR part 262 EPA will continue to

implement requirements for import/

export functions. EPA does not delegate

sections of 40 CFR part 268 because of

the national concerns that must be

examined when decisions are made

under the following Federal Land

Disposal Restriction requirements: 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. Washington's

program has excluded these

requirements from its state regulations

and EPA will continue to implement

these requirements. EPA will continue

to implement these requirements under

EPA's HSWA authority. The State is

seeking authorization for 40 CFR

268.44(h) through (m), which are

provisions for which states may receive

authorization.

States are allowed to seek

authorization for state requirements that

are more stringent than federal

requirements. EPA has authority to

authorize and enforce those parts of a

state's program EPA finds to be more

stringent than the federal program. This

section does not discuss each more

stringent finding made by EPA, but

persons can locate such sections by

consulting the Table, referenced above,

as well as by reviewing the docket for

this rule.

The State program does not provide

generators with an exemption from the

manifest requirements as found in the

federal regulations at 40 CFR 262.20()

or transporters as found at 40 CFR

263.10(f). Generators and transporters in

Washington will have to comply with

the more stringent state paperwork

requirements. The State program is

more stringent than the federal program

because the State regulations do not

allow Remedial Action Plans as found

in the federal requirements at 40 CFR

part 270, subpart H. The State's program

is more stringent than the federal

program at 40 CFR 261.5(j) because the

State has not adopted this provision.

Conditionally exempt small quantity

generator hazardous waste mixed with

used oil is subject to full regulation as

a hazardous waste mixture. The State

program is also more stringent than the

federal requirements at 40 CFR 273.9

because the State's definition of

universal waste does not allow

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pesticides to be managed as universal

waste.

The State program is more stringent in

certain places than the federal military

munitions rule. The State did not adopt

the alternative requirements for

transportation of waste military

munitions between military

installations as is found in the federal

program at 40 CFR 266.203(a)-(c) and is

therefore more stringent than the federal

program. With respect to chemical

agents and chemical munitions slated

for destruction pursuant to international

treaties or agreements, the State

identifies such chemical agents and

chemical munitions as characteristic

and/or listed hazardous waste. In the

Military Munitions Rule, at 62 FR 6633,

EPA said that states could be more

stringent than the federal program for

chemical munitions. EPA finds the State

program to be more stringent than the

federal program in this area because the

State rules do not contain a provision

that differentiates between wastes that

must be designated and waste chemical

munitions or chemical munitions that

are not considered wastes because they

are scheduled for destruction pursuant

to treaty or agreement. The State's

regulations at WAC 173-303-693(3)(a)

are found to be more stringent than the

federal regulation at 40 CFR 264.1202(a)

and WAC 173-303-400(3)(b), (c)(xii) is

found to be more stringent than the

federal regulation at 40 CFR

265.1202(a). EPA also said, at 62 FR

6649 in the Military Munitions Rule,

that states did not have to include a

conditional exemption for waste

munitions storage in their programs.

EPA also finds that the State's lack of a

conditional exemption for waste

munition storage, which is found in the

federal regulations at 40 CFR

266.205(d), (d)(2), is more stringent than

the federal program. Neither the federal

regulations, nor the State program

conditionally exempt chemical

munitions and chemical agents from

storage requirements.

The State is not seeking authorization

for the Standards for the Management of

Waste Fuel and Used Oil for the

Burning of these Materials in Boilers

and Industrial Furnaces, 40 CFR

266.102 through 40 CFR 266.111. The

State did not adopt these federal

provisions as state law. EPA is

implementing these BIF requirements in

Washington State under EPA's HSWA

authority.

States are not allowed to seek

authorization for state requirements that

are broader in scope than federal

requirements. EPA does not have

authority to authorize and enforce those

parts of a state's program EPA finds to

be broader in scope than the federal

program. Because the State has not

adopted an analog to 40 CFR

261.4(b)(7)-exclusions for solid waste

from the extraction, beneficiation, and

processing of ores and minerals, the

State's lack of an analog for the federal

exclusion of mixtures of solid waste and

hazardous waste which are hazardous

based solely on a hazardous

characteristic imparted to the waste as

a result of a Bevill characteristic, 40 CFR

261.3(a)(2)(iii), is broader in scope than

the federal program. EPA also finds the

State's regulation at WAC 173-303-

578(2)(e) to be broader in scope than the

federal regulation at 40 CFR 266.202(a)

because the State added a requirement

for when munitions at closed and

transferred ranges are considered solid

wastes. EPA's final Military Munitions

Rule did not include this requirement.

This requirement in the State program is

found to be broader in scope than the

federal program.

Although State programs can be

authorized where they are more

stringent than the federal program, state

programs cannot be authorized where

they are less stringent. EPA finds the

State's additional regulation at WAC

173-303-515(6) for generators of used

oil who self-transport greater than 55

gallons per vehicle trip to a used oil

collection center, without also

designating as a used oil transporter, are

less stringent than the federal provisions

which limit generator self-transport of

used oil to less than or equal to 55

gallons of used oil per vehicle trip. EPA

also finds the State's additional

regulation at WAC 171-303-515(7) for

used oil collection centers to be less

stringent because the regulation allows

used oil collection centers to accept

greater than 55 gallons of used oil from

a generator who self-transports used oil

to a used oil collection center. The

direct impact of EPA's finding to

generators and used oil collection

centers in Washington is that generators

and used oil collection centers will not

be exempted from the State's federally

authorized requirements which limit

self-transport by generators to less than

or equal to 55 gallons and used oil

collection from a self-transporting

generator to less than or equal to 55

gallons.

States sometimes make changes to

their previously authorized programs for

which they need to seek

reauthorization. In Washington, the

Permit by Rule provision at WAC 173-

303-802(5) is broader in scope than the

federal permit by rule regulations where

it applies to state-only wastes. However,

the state program is more stringent

where the rule applies to federally

regulated hazardous wastes generated

on-site. The federal regulations at 40

CFR 270.1(c)(2)(iv) and (v) exempt

owners and operators of totally enclosed

treatment facilities, elementary

neutralization units or wastewater

treatment units, as defined at 40 CFR

260.10, from RCRA permitting

requirements. The State is seeking

reauthorization for these changes and

will be authorized for the more stringent

portion of the rule. The State will not

be authorized for the broader in scope

provision.

The State is not seeking authorization

for the entire Post-Closure rule. While

the state will be authorized for the

portions of the rule that concern

alternative requirements for colocated

regulated units and solid waste

management units which have

commingled releases, the State is not

seeking, and will not be authorized for

the portions of the rule that allow for

the use of alternate authorities in lieu of

post closure permits. Although the state

did incorporate 40 CFR 265.118(c)(4) by

reference into its regulations, the state is

not seeking authorization for this

provision.

H. Who Handles Permits After This

Authorization Takes Effect?

Washington will issue permits for all

the provisions for which it is authorized

and will administer the permits it

issues. All 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 re-issuance after

modification of a State RCRA permit

and until EPA takes action on its permit.

HSWA provisions for which the State is

not authorized will continue in effect

under the EPA-issued permit. EPA will

continue to issue permits for HSWA

requirements for which Washington is

not yet authorized.

I. How Does Today's Action Affect

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

Washington?

EPA's decision to authorize the

Washington hazardous waste program

does not include any land that is, or

becomes after the date of this

authorization, "Indian Country," as

defined in 18 U.S.C. 1151, with the

exception of the non-trust lands within

the exterior boundaries of the Puyallup

Indian Reservation (also referred to as

the "1873 Survey Area" or "Survey

Area") located in Tacoma, Washington.

EPA retains jurisdiction over "Indian

Country" as defined in 18 U.S.C. 1151.

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J. 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 this action 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. Accordingly, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities under the

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

et seq.). Because this action authorizes

pre-existing requirements under State

law and does not impose any additional

enforceable duty beyond that required

by State law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104-4).

For the same reason, this action also

does not have Tribal implications

within the meaning of Executive Order

13175 (65 FR 67249, November 6, 2000).

It does not have substantial direct

effects on tribal governments, on the

relationships between the Federal

government and the Indian Tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

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 rule 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 proposed 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 proposed 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.).

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: January 2, 2002.

L. John lani,

Regional Administrator, Region 10.

[FR Doc. 02-626 Filed 1-14-02; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS-50640; FRL-6745-7]

RIN 2070-AB27

Proposed Significant New Uses of

Certain Chemical Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing this

significant new use rule (SNUR) under

section 5(a)(2) of the Toxic Substances

Control Act (TSCA) for the following six

chemical substances: C.I. Pigment

Orange 20 (CAS No. 12656-57-4);

Chromic Acid, Lead(2+) Salt (1:1) (CAS

No. 7758-97-6); Chromium Lead

Molybdenum Oxide (CAS No. 12709-

98-7); Lead Molybdenum Oxide (CAS

No. 10190-55-3); Sulfuric Acid,

Lead(2+) Salt (1:1) (CAS No. 7446-14-

2); and C.I. Pigment Red 104 (CAS No.

12656-85-8). This action proposes to

require persons who intend to

manufacture, import, or process any of

these chemical substances for use in

aerosol spray paint for non-industrial,

indoor spray application to notify EPA

at least 90 days before commencing

such activities. The required

notification would provide EPA with

the opportunity to evaluate the intended

use, and if necessary, prohibit or limit

that activity before it occurs.

DATES: Comments, identified by the

docket control number OPPTS-50640,

must be received by EPA on or before

March 18, 2002.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPPTS-50640 in the subject line on the

first page of your response.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Acting Director,

Environmental Assistance Division,

Office of Pollution Prevention and

Toxics (7401), Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 554-1404; e-mail address:

TSCA-Hotline@epa.gov.

For technical information contact: Joe

B. Boyd, Chemical Control Division,

(7405), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 260-3563 or (540) 778-

4609; e-mail address: boyd.joe@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action, if finalized, if you

manufacture, import, or process the

chemical substances addressed in this

proposed rule. In addition, these are

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