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

408 ofthe FFDCA ifsuch 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 applyto food commodities, whether a
raw agricultural commodity or a processed commodity, in theform the commodity is sold ordistributed 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, andred 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 ofpeanuts, tree nuts, milk, soybeans, eggs, fish, crustacea, and wheat.

(C) Alcoholic beverages. (D) Dietary supplements. (2)Animalfeeditems. "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 ofdried animal fat and protein thathas been sterilized. Other than meat meal, the term "animal feed item" does not extend to any item designed tobe 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 ofthe commodities specified in paragraph (g)(1)(ii)(B) ofthis section, and cocoa beans. (B) Birdfeed such ascanary seed. (C) Any feed component ofa 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 ofpeanuts, tree nuts, milk, soybeans, eggs, fish, crustacea, andwheat.

(3)Edible fatsandoils.Edible fats and oils means all edible (food or feed) fats and oils, derived from either plants or animals, whether ornot commonly consumed, including products derived from hydrogenating (foodor feed) oils,

orliquefying (food or feed) fats. Excluded from theterm edible fats and oils are plant oils used in the pesticide chemical formulation for their characteristic smell and/ortaste and oils derived from the commodities specified in paragraph (g)(1)(ii)(B) ofthis section except to the extent such oils arehighly refined.

4. Section 180.1071 isrevised toread

asfollows:
§180.1071 Egg solids(whole); exemption from the requirement ofatolerance.

A time-limited tolerance exemption expiring [insertdate3years from date of

publicationofthe finalrulein the Federal Register] is established for residues ofwhole egg solids (ofat least feed grade quality) whenused 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 isremoved. 

### §180.1194 [Removed]

6. Section 180.1194 isremoved. [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: Proposedrule.

SUMMARY: Washington has applied to EPA for final authorization ofchanges to its hazardous waste program under the Resource Conservation andRecovery Act (RCRA). EPA has reviewed Washington's application andmade the preliminary decision that these changes satisfy allrequirements needed to qualify for final authorization, and is proposing to authorize the State's changes. DATES: EPA will accept written comments onthe Agency's preliminary decision to authorize changes to the State ofWashington'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 ofWaste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM-122, Seattle,WA 98101, phone, (206) 553-6502. You can examine copies ofthe materials submittedby Washington during normal business hours at the following locations: EPARegion 10 Library, 1200 Sixth Avenue, Seattle WA 98101, phone, (206) 553-1289; and at the Washington Department ofEcology, 300 Desmond Drive, WA 98503; Ecology contact is PatriciaHervieux at (360) 407-6756. FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S.EPA Region 10, Office ofWaste 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 EPAunder RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program thatis equivalent to and consistent with the Federal program. States are required to have enforcement authority which is adequate to enforce compliance withthe requirements ofthe hazardous waste program. Under RCRA section 3009, States are not allowed to impose any requirements which are less stringent thanthe Federal program. As the Federal program changes, States must change their programs and ask EPAto authorize the changes. Changes to State programs maybe necessary when Federal or State statutory or regulatory authority is modified orwhen certain other changes occur. Most commonly, Statesmust change their programs because ofchanges to EPA's regulations in Title40 ofthe Code ofFederal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in ThisRule?

EPA has made the preliminary determination thatWashington's program, as revised, meets the statutory and regulatory requirements established by RCRA. Therefore, we areproposing to grantWashington final authorization to operate its hazardous waste program withthe changes described inthe authorization application and as described in this proposed rule. Regulatory revisions which are less stringent than Federal program requirements andthose regulatory revisions which are broader in scope thanFederal program requirements will notbe authorized. 

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Washington's authorized program will be responsible for carrying out the aspects ofthe RCRAprogram described in its revised program application, subject to the limitations ofthe Hazardous and SolidWaste Amendments of 1984 (HSWA) andthe limitation ofthis authorization. Washington's authorized program does not extend toIndian country, except that Washington does havejurisdiction

over non-trust lands within the 1873 Survey Area ofthe 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 byFederal regulations thatEPA promulgates under the authority ofHSWA 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 andprohibitions in Washington, including issuing permits, until the State is granted authorization to do so. C. What Will Be the Effect if Washington IsAuthorized forThese Changes?

IfWashington isauthorized for these changes, afacility in Washington subject to RCRA will have to comply with the authorized State program requirements and with thefederal 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 ofits currently authorized program and will have enforcement responsibilities for the revisions which are the subject ofthis 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 RCRArequirements, including State program requirements that are authorized byEPA and any applicable Federally-issued statutes and regulations, and suspend orrevoke permits; and * Take enforcement actions regardless ofwhetherthe State has taken its own actions.

The action to approve these revisions will not impose additional requirements

onthe regulated community because the regulations for which Washington's program will be authorized are already effective under State law.
D. WhatHappensifEPAReceives Comments ThatOppose This Action?

Ifthe EPA receives significant written comments onthis authorization, we will address those comments in a later final rule. Youmay not have another opportunity to comment. Ifyou want to comment onthis authorization, you must do so at this time.
E. WhatHasWashington Previously Been Authorized for?

Washington initially received final authorization onJanuary 30, 1986, effective January 31, 1986 (51 FR 3782), to implement the State's dangerous waste managementprogram. 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 November4, 1994 (59FR 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 (64FR 55142).
F.What Changes AreWe Proposing to Washington's Authorized Program?

EPA isproposing to authorize revisionsto Washington's authorized program described in Washington's official program revision application, submitted toEPA onAugust 2, 2001, and deemed complete byEPA on September 19, 2001. We have made a preliminary determination that Washington's hazardous waste program revisions, as described inthis proposed rule, satisfy the requirements necessary to qualify for final authorization. Regulatory revisions which are less stringent than Federal program requirements andthose regulatory revisionswhich are broader in scope thanFederal program requirements will notbe 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 ofthe 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

.................... 150 FR 28702, 7/15/85

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

1 44

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

148 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 51

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

1 53

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

154 2

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

156 2

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

1 57

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

1 58

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

1 62

......................... 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 andthe 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 63

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

1 64

.........................
167A

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

167B

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

167C

......................
167F

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

1 692

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

1 70

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

1 71

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

1 72

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

1 73

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

1 74 3

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

1 752

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

1 76

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

1 77

......................... 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 colocatedwith SWMU's where both types of units have released to the environment.. HWIR-Media

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

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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### -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).

1For further discussion on where the revised state rules differ from the Federal rules refer to Section G. below, the authorization revision application, andthe administrative record for this proposed rule.

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

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

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

This section discusses some ofthe differences between the revisions Washington proposed to its authorized program andthe 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 ismaking a finding thatthe state program is more stringent and will be authorized, rules where the state program isbroader 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 supplantfederal regulations. Persons must consult the tablereferenced above for the specific state regulations which EPA proposes to authorize.

Certain portions ofthe federal program are not delegable to the states because ofthe Federal government's special role in foreign policy matters andbecause ofnational concerns that arise with certain decisions. EPAdoes not delegate import/export functions. Under theRCRA regulations found in 40 CFR part 262 EPAwill continue to implement requirements for import/ export functions.EPA does not delegate sections of40 CFR part 268because of the national concerns thatmust 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; and40 CFR 268.44(a)-(g)-general treatment standard variances. Washington's program has excluded these requirements from its state regulations andEPA will continue toimplement 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. EPAhas authority to authorize and enforce those parts ofa 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 byreviewing the docketfor this rule.

The State program does notprovide generators with an exemption from the manifest requirements asfound inthe federal regulations at 40 CFR 262.20()

or transporters as found at40 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 thefederal program because the State regulations donot allow Remedial Action Plans as found in the federal requirements at 40 CFR part 270, subpart H. The State's program ismore stringentthan the federal program at40 CFR 261.5(j) because the State has not adopted this provision. Conditionally exempt small quantity generator hazardous wastemixed with used oil is subject tofull regulation as
a hazardous waste mixture. The State program is also more stringent thanthe federal requirements at 40 CFR 273.9 because the State's definition of universal waste does not allow 

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pesticides tobe managed as universal waste.

The State program ismore stringent in certainplaces than the federal military munitions rule. The State did not adopt the alternative requirements for transportation ofwaste military munitions between military installations as isfound in the federal program at40 CFR 266.203(a)-(c) and is therefore more stringent than the federal program. With respect tochemical 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/orlisted 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. EPAfinds the State program tobe 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 tobe more stringent than the federal regulation at 40 CFR 264.1202(a) andWAC 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 toinclude a conditional exemption for waste munitions storage in their programs. EPA also finds that the State's lackofa conditional exemption for waste munition storage, which is found in the federal regulations at 40 CFR 266.205(d), (d)(2), ismore stringent than the federal program. Neither thefederal regulations, nor the State program conditionally exempt chemical munitions and chemical agents from storage requirements.

The State isnot seeking authorization for the Standards for the Management of Waste Fuel and Used Oil for the Burning ofthese Materials in Boilers andIndustrial Furnaces, 40 CFR 266.102 through 40 CFR 266.111. The State did not adopt these federal provisions as state law. EPAis implementing these BIF requirements in Washington State under EPA's HSWA authority.

States are not allowed to seek authorization for state requirements that

arebroader in scope than federal requirements. EPA does not have authority to authorize and enforce those parts ofa state's program EPAfinds 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 solidwaste from the extraction, beneficiation, and processing ofores and minerals, the State's lack ofan analog for thefederal exclusion ofmixtures ofsolid waste and hazardous waste which are hazardous based solely ona hazardous characteristic imparted to the waste as
aresult ofa Bevill characteristic, 40 CFR 261.3(a)(2)(iii), is broader in scope than the federal program. EPA also finds the State's regulation atWAC 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 finalMilitary Munitions Rule didnot 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 wherethey are more stringent than the federal program, state programs cannot be authorized where they are less stringent. EPA finds the State's additional regulation atWAC 173-303-515(6) for generators ofused oil who self-transport greater than 55 gallons per vehicle trip to a used oil collection center, without also designating as aused oil transporter, are less stringent than the federal provisions which limitgenerator self-transport of used oiltoless than or equal to 55 gallons ofused oil per vehicle trip. EPA alsofinds the State's additional regulation at WAC 171-303-515(7) for used oil collection centers tobe less stringent because the regulation allows used oil collection centers to accept greater than 55 gallons ofused oil from

agenerator who self-transports used oil to a used oil collection center. The direct impact ofEPA's finding to generators andused oil collection centers in Washington is thatgenerators andused oil collection centers will not be exempted from the State's federally authorized requirements which limit self-transport bygenerators to less than

or equalto 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 theyneed to seek reauthorization. In Washington, the Permit by Rule provision atWAC 173- 303-802(5) isbroader 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 at40 CFR 270.1(c)(2)(iv) and (v) exempt

owners and operators oftotally enclosed treatment facilities, elementary neutralization units orwastewater treatment units, as defined at40 CFR 260.10, from RCRApermitting requirements. The State is seeking reauthorization for these changes and willbe authorized for the more stringent portion ofthe rule. The State willnot be authorized for the broader in scope provision.

The State isnot seeking authorization for the entire Post-Closure rule. While the state willbe authorized for the portions ofthe rule that concern alternative requirements for colocated regulated units and solid waste management units which have commingled releases, the Stateis not seeking, and will notbe authorized for the portions ofthe rule that allow for the use ofalternate authorities inlieu of post closure permits. Although the state did incorporate 40 CFR 265.118(c)(4) by reference into itsregulations, the state is not seeking authorization for this provision.
H.Who Handles PermitsAfter This Authorization Takes Effect?

Washington will issue permits for all the provisions for which itis authorized and will administer the permits it issues. All permits issued byEPA 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 ofa State RCRA permit and until EPA takes action on itspermit. HSWA provisions for which the State is not authorized will continue in effect underthe EPA-issued permit.EPA will continue to issue permitsfor HSWA requirements for which Washington is notyet authorized.

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

EPA's decision to authorize the Washington hazardous wasteprogram does not include any land thatis, or becomes after the date ofthis authorization, "Indian Country," as defined in 18 U.S.C. 1151, with the exception ofthe non-trust lands within the exterior boundaries ofthe Puyallup Indian Reservation (also referred to as the "1873 Survey Area" or "Survey Area") located in Tacoma, Washington. EPAretainsjurisdiction over "Indian Country" as defined in 18 U.S.C. 1151. 

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J. Administrative Requirements

The Office ofManagement and Budget has exempted this action from the requirements ofExecutive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action isnot subject to review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 andimposes no additional requirements beyond those imposed by State law. Accordingly, I certify thatthis action will not have a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5U.S.C. 601
etseq.). Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable dutybeyond thatrequired by State law, itdoes not contain any unfunded mandate or significantly or uniquely affect small governments, as described in theUnfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, this action also does not have Tribal implications within the meaning ofExecutive Order 13175 (65 FR 67249, November 6, 2000). It does not have substantial direct effects on tribal governments, on the relationships between theFederal government and theIndian Tribes, or on the distribution ofpower 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 thenational government and the States, or on the distribution ofpower and responsibilities amongthe various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRAhazardous waste program without altering the relationship or the distribution ofpower andresponsibilities established by RCRA. This action alsois not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because itis not economically significant andit does not make decisions based onenvironmental health or safety risks. This rule isnot subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply Distribution or Use" (66 FR 28344, May 22, 2001)because itis not a significant regulatory action under Executive Order 12866. The 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 Statemeets the criteria required byRCRA. It would thus be inconsistent with applicable law for EPA, when itreviews a State authorization application, to require the

use ofany particular voluntary

consensus standard in place ofanother standard that otherwise satisfies the requirements ofRCRA. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15U.S.C. 272) do not apply. As required by section 3ofExecutive Order 12988 (61 FR 4729, February 7,1996), in issuing this rule, EPAhas taken thenecessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, andprovide a clear legal standard for affected conduct. EPAhas complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examiningthe takings implications ofthe rule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation ofRisk and Avoidance of Unanticipated Takings' issued under the executive order.This proposed rule does not impose an information collection burden under the provisions ofthePaperwork Reduction Act of1995 (44 U.S.C. 3501 etseq.).
List ofSubjects in40 CFR Part 271

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

Authority: This action isissued underthe authority ofsections 2002(a), 3006 and 7004(b) ofthe SolidWaste DisposalAct as amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: January 2,2002. L. Johnlani, RegionalAdministrator, 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]

RIN2070-AB27 Proposed Significant New Uses of Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.
SUMMARY: EPA isproposing this significantnew use rule (SNUR) under section 5(a)(2) oftheToxic 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); ChromiumLead Molybdenum Oxide (CASNo. 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. PigmentRed 104 (CASNo. 12656-85-8). This action proposes to require persons who intend to manufacture, import, orprocess any of these chemical substances for use in aerosol spraypaint for non-industrial, indoor spray application to notifyEPA atleast 90 days before commencing such activities. Therequired notification would provide EPA with the opportunity to evaluate the intended
use, and ifnecessary, prohibit or limit that activity before itoccurs. DATES: Comments, identified by the docket control number OPPTS-50640, mustbe received by EPA on or before March 18, 2002. ADDRESSES: Comments may be submittedby mail, electronically, or in person.Please follow the detailed instructions for each method as providedin Unit I. ofthe SUPPLEMENTARY INFORMATION. To ensure proper receiptby EPA, itis imperative thatyou identify docket control number OPPTS-50640 in the subject line on the first page ofyour response. FOR FURTHER INFORMATION CONTACT: For generalinformationcontact:Barbara Cunningham, Acting Director, Environmental Assistance Division, Office ofPollution 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.

Fortechnicalinformationcontact:Joe B. Boyd, Chemical Control Division, (7405), Office ofPollution 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. DoesthisActionApply toMe?

You may be potentially affected by this action, iffinalized, ifyou manufacture, import, orprocess the chemical substances addressed in this proposed rule. In addition, these are 

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