Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

Compliance with Executive Order 12291

The Office of Management and Budget-

(OMB) has exempted this rule from the

requirements of Section 3 of Executive

Order 12291.

Authority

This notice is issued under the

authority of sections 2002(a), 3006, and

7004(b) of the Solid Waste Disposal Act

as amended by the Resource

Conservation and Recovery Act of 1976,

as amended, 42 U.S.C. 6912(a), 6926, and

6974(b).

List of Subjects of 40 CFR Part 271

Administrative practices and

procedures, Confidential business

information, Hazardous materials

-transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping,

Water pollution control, Water supply.

Dated: November 15. 1985.

L. Edwin Coate,

Acting, Regional Administrator.

[FR Doc. 85-29120 Filed 12-5-85: 8 45 am]

BILLING CODE 6560-50-M

40 CFR Part 271

[SW-10-FRL-2935-91

Washington; Final Authorization of

State Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Tentative

Determination on Application of

Washington for Final Authorization,

Public Hearing and Public Comment

Period.

SUMMARY: Washington has applied for

final authorization under the Resource

Conservation and Recovery Act

(RCRA). The Environmental Protection

Agency (EPA) has reviewed

Washington's application and has made

the tentative decision that Washington's

hazardous waste program satisfies all of

the requirements necessary to qualify

for final authorization. EPA intends to

grant final authorization to the State to

operate its program in lieu of the Federal

program subject to the limitations on its

authority imposed by the Hazardous

and Solid Waste Amendments of 1984

(Pub. L. 98-616 November 8, 1984)

(HSWA). Washington's application for

final authorization is available for

public review and comment and a public

hearing will be held to solicit comments

on the application if significant public

interest is expressed.

DATES: If sufficient public interest is

expressed in holding a hearing, a public

hearing is scheduled for January 6, 1986,

at 10:00 a.m. Washington will partitipate

in the public hearing held by EPA on

this subject.if held. EPA reserves the

right to cancel the public hearing if

sufficient public interest in holding a

hearing is not communicated to EPA by

telephone or in writing by December 27,

1985. EPA will determine by December

31, 1985, whether there is sufficient

public interest to hold a public hearing.

All written comments on the State's

final authorization application must be

received by EPA by the close of

business on January 6, 1986.

ADDRESSES: Copies of Washington's

final authorization application are

available during business hours at the

following addresses for inspection and

copying: Washington Department of

Ecology (Rowesix), 4224 6th Avenue

S.E., Bldg. 4, Olympia, Washington

98504, Ross Potter, (206) 459-6303; U.S.

EPA Headquarters Library, PM 211A,

401 M Street, SW., Washington, DC

20460, Phone: (202) 382-5926; U.S. EPA

Region 10 Library, 1200 Sixth Avenue,

Seattle, Washington 98101, Phone: (206)

442-1259.

Written comments on the tentative

determination and the application, and

written or telephone communication of

interest in holding a public hearing on

the Washington application must be

sent to Michael Bussell, Mail Stop 530,

1200 Sixth Avenue, Seattle, WA, 98101,

(206) 442-2857 or (FTS) 399-2857.

If sufficient public interest is -

expressed, U.S. EPA will hold a public

hearing on Washington's application for

final authorization at 10:00 a.m. on

January 6, 1986, in Conference Room

12A of the EPA Region 10 offices at 1200

Sixth Avenue, Seattle, Washington.

If you wish to find out whether or not

U.S. EPA will hold a public hearing on

the tentative determination and the

Washington application, based on U.S.

EPA's decision that there was sufficient

interest in such a hearing, write or

telephone the U.S. EPA contact person

listed below after December 31, 1985.

FOR FURTHER INFORMATION CONTACT.

Michael A. Bussell, Mail Stop 530, 1200

Sixth Avenue, Seattle, Washington

98101, (206) 442-2857 or (FTS) 399-2857.

SUPPLEMENTARY INFORMATION:

A. Background

Section 3006 of the Resource

Conservation and Recovery Act (RCRA)

allows EPA to authorize State

hazardous waste programs to operate in

the State in lieu of the Federal

hazardous waste program. Two types of

authorization may be granted. The first

type, known as "interim authorization"

is a temporary authorization which is

granted if EPA determines that the State

program is "substantially equivalent" to

the Federal program [section 3006)(c), 42

U.S.C. 6926]. EPA's implementing

regulations at 40 CFR Parts 271.121-

271.137 established a phased approach

to interim authorization: Phase I,

covering the EPA regulations in 40 CFR

Parts 260-263 and 265 (univerle of

hazardous wastes, generator standards,

transporter standards and standards of

interim status facilities) and Phase II,

covering the EPA regulations in 40 CFR

Parts 124, 264, and 270 (procedures and

standards for permitting hazardous

waste management facilities).

Phase II, in turn, has three

components. Phase IIA covers general

permitting procedures and technical

standards for containers and tanks and

in some cases certain surface

impoundments and waste piles. Phase

lib covers incinerator facilites. Phase IIC

addresses landfills, land treatment

facilities, surface impoundments and

waste piles. By statute, all interim

authorizations expire on January 31,

1986. Responsibility for the hazardous

waste program returns (reverts) to EPA

on that date if the State has not received

final authorization.

The second type of authorization is a

"final" (permanent) authorization that is

granted by EPA if the Agency finds that

the State program: (1) Is "equivalent" to

the Federal program, (2) is consistent

with the Federal program and other

State programs, and (3) provides for

adequate enforcement [section 3006(b),

42 U.S.C. 6926]. States need not have

obtained interim authorization in order

to qualify for final authorization. EPA

regulations to qualify for final

authorization appear at 40 CFR 271.1-

271.23.

B. Washington

The State of Washington received

interim authorization on August 2, 1983,

for Phase I and Phase IIA and liB. The

State did not seek interim authorization

for the land disposal permitting

component (Phase IIC) and has

participated in this aspect of the

program with EPA under a Cooperative

Arrangement.

The State of Washington submitted a

draft application for final authorization

on Jaunary 17, 1984. EPA comments

were made to the State for their

consideration in completing the

application. Public hearings to solicit

comments were held by Washington on

June 5, 6, and 11, 1984. The application

for final authorization of the

Washington hazardous waste

49949

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Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

management program was received by

EPA on July 2, 1984. After reviewing the

State's application, EPA commented to

the State requesting clarification

concerning several aspects of its

application and program, including:

1. Basis of statutory authority to

regulate recycled wastes, waste

generators, disposal of dangerous waste,

and to establish a permit program.

2. Applicability of the interim status

standards to certain operations.

3. Staffing for the program,

compliance monitoring program

enhancements, enforcement practices

and policy, permit processing

timeframes, and delegation of authority

within the Washington Department of

Ecology to implement regulatory actions

required of the Department.

4. Memorandum of agreement

provisions regarding Federal oversight

and Federal/State coordination in

permitting, compliance and enforcement.

EPA comments are set forth in letters

to the State dated July 27, 1984, and May

8, 1985. With the exception of some

needed clarifying language on EPA

responsibilities under HSWA. and some

minor clarifications in the Memorandum

of Agreement (MOA), the State has

addressed these comments to EPA's

satisfaction in.subsequent addenda to

the application submitted to EPA on

September 24, 1984, July 11, 1985, and

September 27, 1985, which are in the

public record. The State will make the

additional changes in the application,

prior to EPA's final decision on program

approval/denial.

In addition to evaluating the State's

application, EPA has also evaluated the

State's implementation of their program,

particularly in key priority areascompliance, enforcement and

permitting-as part of an assessment of

State capabilities to implement a quality

program after authorization. As part of

this process, EPA Region 10 conducted

program reviews of Washington's

hazardous waste management program

in August 1984 and September 1985. The

1984 program review found a number of

problems in the implementation of the

State's compliance, enforcement and

permitting programs, such that a

decision on final authorization was

delayed. The 1985 program review found

that the State has been and is continuing

to be responsive to EPA's program

implementation recommendations, and

has demonstrated substantial progress

in the implementation of their

compliance monitoring, enforcement

and permitting programs. To address the

need of further enhancement of State

capabilities in these areas, the State and

EPA have agreed to jointly sign a Letter

of Intent that will explicitly address

State and EPA measures to assure

continued enhancement of State

capabilities in compliance, enforcement

and permitting. This Letter of Intent will

be signed by the State and EPA prior to

EPA's final decision on program

approval/denial.

EPA has tentatively determined that

the State's program meets all of the

requirements necessary to qualify for

final authorization and intends to grant

final authorization to Washington to

operate its program in lieu of the Federal

regulatory program promulgated up to

December 31, 1984, pursuant to RCRA,

42 U.S.C. 6901 et seq., (not including

requirements and prohibitions imposed

by the HSWA).

In accordance with section 3006 of

RCRA and 40 CFR 271.20(d), the Agency

will hold a public hearing on its

tentative decision on January 6, 1986, at

10:00 a.m. at EPA Region 10 Conference

Room 12A, 1200 Sixth Avenue, Seattle,

Washington, if sufficient public interest

is expressed in holding a hearing. The

public may submit written comments on

EPA's tentative determination until

close of business on January 6, 1986.

Copies of Washington's application are

available for inspection and copying at

the locations indicated in the

"Addresses" section of this notice.

In making its final decision, EPA will

consider all public comments on the

tentative determination. Issues raised by

those comments may be the basis for a

decision to deny final authorization to

Washington. EPA expects to make its

final determination on whether or not to

approve the State's program by January

31, 1986. The notice will be published in

the Federal Register and will include a

response to all major comments.

Prior to the Hazardous and Solid

Waste Amendments of 1984 (HSWA)

amending RCRA, a State with final

authorization administered its

hazardous waste program entirely in

lieu of EPA. The Federal requirements

no longer applied in the authorized

State, and EPA could not issue permits

for any facilities the State was

authorized to permit. When new, more

stringent Federal requirements were

promulgated or enacted, the State was

obligated to enact equivalent authority

within specified timeframes. However,

until new Federal requirements were

adopted as State law, they did not take

effect in the authorized State.

In contrast, under the newly enacted

section 3006(g) of RCRA, 42 U.S.C.

6926(g), the new requirements and

prohibitions imposed by the HSWA take

effect in authorized States at the same

time they take effect in non-authorized

States. EPA is directed to cary out those

requirements and prohibitions in

authorized States, including the issuance

-of full or partial permits, until the State

is granted authorization to do so. Thus,

while States must still adopt HSWA

related provisions, the HSWA applies in

authorized States in the interim.

As a result of the HSWA, there will be

a dual State/Federal regulatory program

in Washington after final authorization.

To the extent the authorized State

program is unaffected by the HSWA, the

State program will operate in lieu of the

Federal program. To the extent HSWA

related requirements are in effect, EPA

will administer and enforce those

portions of the HSWA in Washington

until the State receives authorization to

do so. Among other things, this may

entail the issuance of Federal RCRA

permits for those areas in which the

State is not yet authorized.

Once Washington is authorized to

implement a HSWA requirement or

prohibition, the State program in that

area will operate in lieu of the Federal

provision. Until that time, the State may

assist the EPA's implementation of the

HSWA under a Cooperative Agreement,

as State resources allow.

Any State requirement that is more

stringent than a HSWA provision also

remains in effect; thus, regulated

handlers must comply with the more

stringent State requirements.

Washington is not being authorized for

any requirement implementing the

HSWA.

C. Indian Lands

In the final authorization application,

the State has asserted authority and

intent to regulate hazardous waste

management activities on Indian lands.

The State also asserted such authority in

its interim authorization application. For

interim authorization, EPA concluded

that the State had not adequately

demonstrated it had such authority. In

granting interim authorization, EPA

therefore retained jurisdiction for

regulating hazardous waste

management activities on Indian lands.

The State appealed this decision to the

Ninth Circuit Court of Appeals; the

Ninth Circuit upheld EPA's decision

[Department of Ecology. v. EPA, 752 F.

2d 1465 (1985)]. Based on the Court's

decision, the State amended their

application to focus their assertion of

authority to cover non-Indian hazardous

waste management activities on Indian

lands. We conclude however, that the

State's demonstration of jurisdiction is

insufficient for EPA to authorize nonIndian hazardous waste management

activities on Indian lands. EPA will

therefore retain jurisdiction for

regulation of hazardous waste

49950

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Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

management activities on Indian lands.

EPA views "Indian lands" to mean all

lands (including fee lands) within Indian

reservations, dependent Indian

communities, and Indian allotments to

which Indians hold title.

Regulatory Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

authorization will not have significant

economic impact on a substantial

number of small entities. The

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Washington's

program, thereby eliminating duplicative

requirements for handlers of hazardous

waste in the State. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

Executive Order 12291

The Office of Management and Budget

(CMB) has exempted this rule from the

requirements of Section 3 of Executive

Order 12291.

Authority

This notice 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, and

6974.

List of Subjects in 40 CFR Part 271

Administrative practices and

procedures, Confidential business

information, Hazardous materials

transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping,

Water pollution control, Water supply.

Dated: November 15, 1985.

L Edwin Coate,

Acting Regional Administrator.

[FR Doc. 85-29119 Filed 12-5--85; 8:45 am]

BILLING CODE 6560-50-M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

Federal Insurance Administration

44 CFR Part 67

[Docket No. FEMA-6690]

Proposed Flood Elevation

Determinations; Arkansas et al.

AGENCY: Federal Emergency

Management Agency.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are solicited on the proposed

base (100-year) flood elevations and

proposed modified base flood elevations

listed below for selected locations in the

nation. These base (100-year) flood

elevations are the basis for the flood

plain management measures that the

community is required to either adopt or

show evidence-of being already in effect

in order to qualify or remain qualified

for participation in the National Flood

Insurance Program (NFIP).

DATES: The period for comment will be

ninety (90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: See table below.

FOR FURTHER INFORMATION CONTACT:

John L. Matticks, Acting Chief, Risk

Studies Division, Federal Insurance

Administration, Federal Emergency

Management Agency, Washington, DC

20472, (202) 646-2767.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management

Agency gives notice of the proposed

determinations of base (100-year) flood

elevations and modified base flood

elevations for selected locations in the

nation, in accordance with Section 110

of the Flood Disaster Protection Act of

1973 (Pub. L. 93-234), 87 Stat. 980, which

added Section 1363 to the National

Flood Insurance Act of 1968 (Title XIII of

the Housing and Urban Development

Act of 1968 (Pub. L. 90-448)), 42 U.S.C.

4001-4128, and 44 CFR 67.4(a).

These elevations, together with the

flood plain management measures

required by Section 60.3 of the program

regulations, are the minimum that are

required. They should not be construed

to mean the community must change

any existing ordinances that are more

stringent in their flood plain

management requirements. The

community may at any time enact

stricter requirements on its own, or

pursuant to policies established by other

Federal, State, or regional entities.

These proposed elevations will also be

used to calculate the appropriate flood

insurance premium rates for new

buildings and their contents and for the

second layer ofinsurance on existing

buildings and their contents.

Pursuant to the provision§ of 5 U.S.C.

605(b), the Administrator, to whom

authority has been delegated by the

Director, Federal Emergency

Management Agency, hereby certifies

that the proposed flood elevation

determinations, if promulgated, will not

have a significant economic impact on a

substantial number of small entities. A

flood elevation determination under

section 1363 forms the basis for new

local ordinances, which, if adopted by a

local community, will govern future

construction within the flood plain area.

The elevation determinations, however,

impose no restriction unless and until

the local community voluntarily adopts

flood plain ordinances in accord with

these elevations. Even if ordinances are

adopted in compliance with Federal

standards, the elevations prescribe how

high to build in the flood plain and do

not proscribe development. Thus, this

action only forms the basis for future

local actions. It imposes no new

requirement; of itself it has no economic

impact.

List of Subjects in 44 CFR Part 67

Flood insurance, Flood plains.

PART 67-[AMENDED]

The authority citation for Part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.,

Reorganization Plan No. 3 of 1978, E.O. 12127.

The proposed base (100-year) flood

elevations for selected locations are:

PROPOSED BASE (100-YEAR) FLOOD

ELEVATIONS

#Depth

in feet

above

Source of flooding and location round.

Elevation in

feet

(NGVD)

ARKANSAS

Fort Smith (city), Sebastian County

Arkansas River

Downstream corporate limits .................................... ."406

Downstream of Interstate Route 540 ...................... '410

Upstream corporate limits ................... '417

Massard Creek:

Confluence with Arkansas River ............... '406

Upstream of South 83rd Street ................................ 414

Upstream corporate limits ................... '423

Litle A Massard Creek:

Confluence with Massard Creek ............... 406

Upstream of South 91st Street ................ '410

Upstream of Massard Road .................. "419

Upstream of South 74th Street ................................ "425

Upstream of South Louisville ................. '432

Spivey Creek:

Confluence with Massard Creek ............... 414

Upstream of Beiker Road ................... 435

Upstream of Missouri Pacific Railroad .................... '441

Sunnymede Creek:

Confluence with Arkansas River ............... 409

Upstream of Waldron Road .................. '413

Upstream of Albert Pike Avenue .............. .423

Upstream of Birine Avenue .................. ' 438

No Name Creek:

Confluence with Sunnymede Creek ........................ '409

River m ile 0.45 ........................................................... '419

Upstream of Interstate Route 540 .......................... '429

Upstream of Free Ferry Road ................ 448

Upstream of Duncan Road .................. 465

Downstream of Euper Lane ................. '482

River m iles 2.62 ......................................................... ' 511

No Name Tnbutary:

Confluence with No Name Creek .............. '460

Upstream of Rogers Avenue ................. ' 482

River m ile 0.719 ........................................................ '505

Oak Park Trbutaiy: Confluence with Arkansas River ............ t................ '412

Upstream of Newton Road ..................................

.'417 River m ile 0.951 .......... . .......................................... 424

May Branch:

Confluence with Arkansas River .............. .'416

Upstream of North L Street .................. '432

Upstream of Ballman Road .................. 482

49951

HeinOnline -- 50 Fed. Reg. 49951 1985