31642 Federal Register / Vol.. 60, No. 116 / Friday, June 16, 1995 / Rules and Regulations

40 CFR Part 271 [FRL-6222-8]
Oregon; Final Authorization of State Hazardous Waste Management Program Revisions
AGENCY: Environmental Protection Agency. ACTION: Immediate finalrule.

SUMMARY: The State ofOregon has applied forfinal authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA)has reviewed Oregon's application and has made a decision, subject to public review and comment, that Oregon's hazardous waste program revision satisfies all 6ftherequirements necessary to qualify forfinal authorization. Thus, EPA intends to approve Oregon's hazardous waste program revisions. Oregon's application forprogram revision is available for public review and comment. DATES: Final authorization for Oregon shallbe effective August 15, 1995 unless EPA publishes aprior Federal Register action withdrawing this immediate final rule. All comments on Oregon's program revision application must be received by the close ofbusiness July 17, 1995. ADDRESSES: Copies ofOregon's program revision application are available Monday through Friday, 8 a.m. to 5 p.m., at thefollowing addresses for inspection and copying: Oregon Department ofEnvironmental Quality, Executive Building, 811 SW. Sixth Avenue, Portland, OR 97204; phone: (503) 229-5072; U.S. EPA Region 10, Library, 10th Floor, 1200 Sixth Avenue, Seattle, WA 98101; phone: (206) 553- 4763. Written comments should be sent to Michael Le, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail Stop HW-107, Seattle, WA 98101; phone: (206) 553- 1099. FOR FURTHER INFORMATION CONTACT: Michael Le, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail Stop HW-107, Seattle, WA 98101; phone: (206) 553- 1099.

SUPPLEMENTARY INFORMATION:
A. Background
Stateswith final authorization under Section 3006(b) oftheResource Conservation and Recovery Act ("RCRA

or "the Act"), 42 U.S.C. 6929(b), have a continuing obligation to maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. In addition,

as an interim measure, the Hazardous and Solid Waste Amendments of 1984 (PublicLaw 98-616, November 8, 1984, hereinafter "HSWA") allows States to revise their programs tobecome substantially equivalent instead of equivalent to RCRA requirements promulgated under HSWA authority. States exercising the latter option receive "interim authorization" forthe HSWA requirements under Section 3006(g) ofRCRA, 42 U.S.C. 6926(g), and later apply for final authorization for the HSWA requirements.

Revisions to State hazardous waste programs are necessary when Federal or State statutory or regulatory authority is modified orwhen certain other changes

occur.Most commonly, State program revisions are necessitated by changes to EPA's regulations in 40 CFRparts 260- 266, 268, 124and 270.

B. Oregon

Effective on January 31, 1986, Oregon received final authorization forthe base program. Today, Oregon is seeking approval of itsprogram revision in accordance with 40 CFR271.21(b)(3).

EPA has reviewed Oregon's application, and has made an immediate final decision that Oregon's hazardous waste program revision satisfiQs allof the requirements necessary to qualify forfinal authorization. Consequently, EPA intends to grant final authorization forthe additional program modifications to Oregon. The public may submit written comments on EPA's immediate final decision up untilJuly 17, 1995. Copies ofOregon's application forprogram revision are available for inspection and copying at the locations indicated inthe ADDRESSES section of thisnotice.

Approval ofOregon'sprogram revision shall become effective in60 days unless anadverse comment pertaining to the State's revision discussed in thisnotice is received by the end ofthe comment period. Ifan adverse comment isreceived EPA will publish either (1)A withdrawal ofthe immediate final decision or (2) a notice containing aresponse to comments which either affirms that the immediate final decision takes effect or reverses the decision.

Oregon's revision application includes those RCRA federal provisions promulgated on September 19, 1994 and January 3, 1995. These regulations pertain to Land Disposal Restrictions Phase Il-Universal Treatment Standards for Organic Toxicity characteristic Wastes and Newly Listed Wastes. Oregon Environmental Quality Commission incorporated byreference these federal regulations. Accordingly, the State rules (QregonAdministrative Rule, OAR 340-100-002(1)) are equivalent to the federal regulations and became effective inthe State ofOregon

on May 18, 1995.

This program revision will not authorize the State to operate the RCRA program over any Indian lands; this authority remains with EPA.
C. Decision

I conclude that Oregon's application for program revision meets all ofthe statutory and regulatory requirements established by RCRA. Accordingly, Oregon isgranted final authorization to operate its hazardous waste program as revised.

Oregon now has responsibility for permitting treatment, storage, and disposal facilities within its borders and carrying out the aspects ofthe RCRA program described in its revised program application, subject to the limitations ofthe HSWA. Oregon also has primary enforcement responsibilities, although EPA retains the right to conduct inspections under Section 3007 ofRCRA andto take enforcement actions under Section 3008, 3013 and 7003 ofRCRA. Compliance With Executive Order 12866

The Office ofManagement and Budget has exempted thisrule from the requirements ofSection 6 ofExecutive Order 12866.
Certification Underthe Regulatory Flexibility Act

Pursuant to the provisions of4 U.S.C. 605(b), Ihereby certify that this authorization will not have a significant economic impact on a substantial number ofsmall entities. This authorization effectively suspends the applicability ofcertain Federal regulations in favor ofOregon's program, thereby eliminating duplicative requirements for handlers of hazardous waste inthe State. It does not impose anynew burdens on small entities. This rule,therefore, does not require a regulatory flexibility analysis.

List ofSubjects in40 CFRPart271

Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply.

Authority: This notice is issued underthe authority ofSections 2002(a), 3006 and

HeinOnline -- 60 Fed. Reg. 31642 1995

### Federal Register / Vol. 60, No. 116 / Friday, June 1.6, 1995 / Rules and Regulations

7004(b) ofthe Solid WasteDisposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: June 5, 1995. ChuckClarke, RegionalAdministrator. [FR Doc. 95-14806 Filed 6-15-95; 8:45 am]

BILLING CODE 6560-60-P

40 CFR Part 372 OPPTS-400086A; FRL-4952-7]
Acetone; ToxicChemical Release Reporting; Community Right-to-Know

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

SUMMARY: EPA is granting apetition to delete acetone from the list oftoxic chemicals under section 313 ofthe Emergency Planning and Community Right-to-Know Act (EPCRA). This deletion is based on a determination that acetone meets the delisting criteria ofEPCRA section 313(d)(3). By promulgating this rule,EPA is relieving facilities oftheir obligation to report releases ofacetone that occurred during the 1994 calendar year and releases that will occur in the future. Thisrelief applies only to the reporting requirements under section 313 of EPCRA. DATES: This ruleis effective June 16, 1995.
FOR FURTHER INFORMATION CONTACT: For specific information on this final rule: Maria J.Doa,Petitions Coordinator, Telephone: 202-260-9592. For more information onEPCRA section 313: Emergency Planning and Community Right-to-Know Hotline, Environmental Protection Agency, Mail Code 5101, 401 M St., SW., Washington, DC 20460, Toll free: 1-800-535-0202, InVirginia and Alaska, 703-412-9877 orToll free TTD: 1-800-553-7672. SUPPLEMENTARY INFORMATION:
I. Introduction

A. StatutoryAuthority

This finalrule is issued under sections 313(d) and (e)(1) ofthe Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11023. EPCRA is also referred to

asTitle III ofthe Superfund Amendments and Reauthorization Act (SARA) of 1986 (Pub.L. 99-499).

B. Background

Section 313 ofEPCRA requires certain facilities manufacturing, processing, or otherwise using listed toxic chemicals
to report their environmental releases of suchchemicals annually. Beginning with the 1991 reporting year, such facilities must also report pollution prevention and recycling data for such chemicals, pursuant to section 6607 of the Pollution Prevention Act (42 U.S.C. 13106). When enacted, section 313 established an initial list oftoxic chemicals that was comprised ofmore than 300 chemicals and 20 chemical categories. Section 313(d) authorizes EPAto add or delete chemicals from the list, and sets forth criteria forthese actions. Under section 313(e)(1), any person may petition EPAto add chemicals to ordelete chemicals from the list. EPA has added chemicals to and deleted chemicals from the original statutory list. EPA issued a statement of petition policy and guidance inthe Federal Register ofFebruary 4, 1987 (52 FR 3479), to provide guidance regarding the recommended content and format for petitions. OnMay 23, 1991 (56 FR 23703), EPA published guidance regarding the recommended content of petitions to delete individual members of section 313 metal compound categories. EPA has also published a statement clarifying its interpretation of the section 313(d)(2) criteria for adding and deleting chemicals from the section 313 toxic chemical list (59 FR 61439, November 30, 1994).

II.Description ofPetition and Regulatory History

On September 24, 1991, EPA received

a petition from Eastman Chemical Company and Hoechst Celanese to delete acetone from the EPCRA section 313 list oftoxic chemicals. The petitioners contend that acetone should be deleted from the EPCRA section 313 list because it does notmeet any ofthe EPCRA section 313(d)(2) criteria and because acetone's low photochemical reactivity doesnot present substantial

concerns for formation oftropospheric

ozone orother air pollutants.

On September 30, 1994, following a review which consisted ofa toxicity evaluation and an exposure analysis, EPA proposed to grant the petition to delete acetone from the section 313 list by issuing aproposed rule in the Federal Register (59 FR49888). The proposal to grant the petition was based
upon EPA's finding that acetone did not meet the listing criteria found in section 313(d)(2) ofEPCRA. It was EPA's belief that there was insufficient evidence to demonstrate that acetone causes orcan reasonably be anticipated to cause significant adverse human health or environmental effects.

Until this time, acetone hasbeen considered to be a Volatile Organic Compound (VOC). Emissions ofVOCs are managed underregulations (40 CFR parts 51 and 52) that implement Title I ofthe Clean AirAct (CAA), as amended, 42 U.S.C. 7401 etseq.EPA's definition ofVOCs excludes certain listed chemicals that have been determined to be negligibly photochemically reactive (57 FR 3941, February 3, 1992). Elsewhere inthis issueofthe Federal Register, EPA is finalizing its addition ofacetone to the list ofcompounds excluded from the definition ofa VOC based on the determination that acetone has anegligible contribution to tropospheric ozone formation.
III.Final Rule andRationale for Delisting

-A. Commentson theProposed Deletion of

Acetone
The public comment period forthe proposed rule closed onNovember 29, 1994. EPA received 51 comments on the proposed rule to delete acetone. Of these, 29 comments concurred with the proposal, and 22 comments objected to the proposal.

The Chemical Manufacturers Association objected to the statement in the proposed rule that all VOCs "meet the criteria for listingunder EPCRA section 313."

In the proposed rule, EPA did not statethat all VOCs meetthe criteria for listing under EPCRA section 313 solely by virtue oftheir being sodesignated. However, EPA reaffirms its position as stated in the proposed rule, that chemicals that clearly fit the definition ofVOC under the CAA meet the listing criteria ofEPCRA section 313. VOCs contribute to the formation of tropospheric ozone. Ozone can reasonably be anticipated to cause significant adverse effects onhuman health and the environment, and therefore meets the listing criteria of EPCRA section 313.

Artco Inc. and National Marine Manufacturers Association comment thatEPA should further research other chemicals which are not depleting the stratospheric ozone layer and promulgate theirremoval aswell. EPA does not believe that the removal of chemicals from theEPCRA section 313 list is warranted solely on thebasis of whether they deplete the stratospheric

ozone layer. In making a determination that achemical should be deleted from the EPCRA section 313 list, EPA examines whether the chemical meets anyofthe criteria set forth in EPCRA section 313(d)(2). A chemical which is shown not to deplete the stratospheric

ozone layercould still meet one ofthe other criteria, and thus, could not be deleted from the list. 

### 31643

HeinOnline -- 60 Fed. Reg. 31643 1995