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 final rule.

SUMMARY: The State of Oregon has

applied for final 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 6f the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve Oregon's hazardous waste

program revisions. Oregon's application

for program revision is available for

public review and comment.

DATES: Final authorization for Oregon

shall be effective August 15, 1995 unless

EPA publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Oregon's

program revision application must be

received by the close of business July

17, 1995.

ADDRESSES: Copies of Oregon's program

revision application are available

Monday through Friday, 8 a.m. to 5

p.m., at the following addresses for

inspection and copying: Oregon

Department of Environmental 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

States with final authorization under

Section 3006(b) of the Resource

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

(Public Law 98-616, November 8, 1984,

hereinafter "HSWA") allows States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive "interim authorization" for the

HSWA requirements under Section

3006(g) of RCRA, 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 or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA's regulations in 40 CFR parts 260-

266, 268, 124 and 270.

B. Oregon

Effective on January 31, 1986, Oregon

received final authorization for the base

program. Today, Oregon is seeking

approval of its program revision in

accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Oregon's

application, and has made an immediate

final decision that Oregon's hazardous

waste program revision satisfiQs all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to grant final authorization

for the additional program

modifications to Oregon. The public

may submit written comments on EPA's

immediate final decision up until July

17, 1995. Copies of Oregon's application

for program revision are available for

inspection and copying at the locations

indicated in the ADDRESSES section of

this notice.

Approval of Oregon's program

revision shall become effective in 60

days unless an adverse comment

pertaining to the State's revision

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received EPA will

publish either (1) A withdrawal of the

immediate final decision or (2) a notice

containing a response 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 by reference

these federal regulations. Accordingly,

the State rules (Qregon Administrative

Rule, OAR 340-100-002(1)) are

equivalent to the federal regulations and

became effective in the State of Oregon

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 of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Oregon is granted 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 of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. Oregon also

has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

Section 3007 of RCRA and to take

enforcement actions under Section

3008, 3013 and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Oregon'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.

List of Subjects in 40 CFR Part 271

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 under the

authority of Sections 2002(a), 3006 and

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

7004(b) of the Solid Waste Disposal Act as

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

Dated: June 5, 1995.

Chuck Clarke,

Regional Administrator.

[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; Toxic Chemical Release

Reporting; Community Right-to-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is granting a petition to

delete acetone from the list of toxic

chemicals under section 313 of the

Emergency Planning and Community

Right-to-Know Act (EPCRA). This

deletion is based on a determination

that acetone meets the delisting criteria

of EPCRA section 313(d)(3). By

promulgating this rule, EPA is relieving

facilities of their obligation to report

releases of acetone that occurred during

the 1994 calendar year and releases that

will occur in the future. This relief

applies only to the reporting

requirements under section 313 of

EPCRA.

DATES: This rule is 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 on EPCRA 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, In Virginia and

Alaska, 703-412-9877 or Toll free TTD:

1-800-553-7672.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

This final rule is issued under

sections 313(d) and (e)(1) of the

Emergency Planning and Community

Right-to-Know Act of 1986 (EPCRA), 42

U.S.C. 11023. EPCRA is also referred to

as Title III of the Superfund

Amendments and Reauthorization Act

(SARA) of 1986 (Pub. L. 99-499).

B. Background

Section 313 of EPCRA requires certain

facilities manufacturing, processing, or

otherwise using listed toxic chemicals

to report their environmental releases of

such chemicals 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 of toxic

chemicals that was comprised of more

than 300 chemicals and 20 chemical

categories. Section 313(d) authorizes

EPA to add or delete chemicals from the

list, and sets forth criteria for these

actions. Under section 313(e)(1), any

person may petition EPA to add

chemicals to or delete 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 in the

Federal Register of February 4, 1987 (52

FR 3479), to provide guidance regarding

the recommended content and format

for petitions. On May 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 of Petition 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 of toxic chemicals. The

petitioners contend that acetone should

be deleted from the EPCRA section 313

list because it does not meet any of the

EPCRA section 313(d)(2) criteria and

because acetone's low photochemical

reactivity does not present substantial

concerns for formation of tropospheric

ozone or other air pollutants.

On September 30, 1994, following a

review which consisted of a toxicity

evaluation and an exposure analysis,

EPA proposed to grant the petition to

delete acetone from the section 313 list

by issuing a proposed rule in the

Federal Register (59 FR 49888). 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) of EPCRA. It was EPA's belief

that there was insufficient evidence to

demonstrate that acetone causes or can

reasonably be anticipated to cause

significant adverse human health or

environmental effects.

Until this time, acetone has been

considered to be a Volatile Organic

Compound (VOC). Emissions of VOCs

are managed under regulations (40 CFR

parts 51 and 52) that implement Title I

of the Clean Air Act (CAA), as amended,

42 U.S.C. 7401 et seq. EPA's definition

of VOCs excludes certain listed

chemicals that have been determined to

be negligibly photochemically reactive

(57 FR 3941, February 3, 1992).

Elsewhere in this issue of the Federal

Register, EPA is finalizing its addition

of acetone to the list of compounds

excluded from the definition of a VOC

based on the determination that acetone

has a negligible contribution to

tropospheric ozone formation.

III. Final Rule and Rationale for

Delisting

-A. Comments on the Proposed Deletion

of Acetone

The public comment period for the

proposed rule closed on November 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 listing under EPCRA

section 313."

In the proposed rule, EPA did not

state that all VOCs meet the criteria for

listing under EPCRA section 313 solely

by virtue of their being so designated.

However, EPA reaffirms its position as

stated in the proposed rule, that

chemicals that clearly fit the definition

of VOC under the CAA meet the listing

criteria of EPCRA section 313. VOCs

contribute to the formation of

tropospheric ozone. Ozone can

reasonably be anticipated to cause

significant adverse effects on human

health and the environment, and

therefore meets the listing criteria of

EPCRA section 313.

Artco Inc. and National Marine

Manufacturers Association comment

that EPA should further research other

chemicals which are not depleting the

stratospheric ozone layer and

promulgate their removal as well. EPA

does not believe that the removal of

chemicals from the EPCRA section 313

list is warranted solely on the basis of

whether they deplete the stratospheric

ozone layer. In making a determination

that a chemical should be deleted from

the EPCRA section 313 list, EPA

examines whether the chemical meets

any of the criteria set forth in EPCRA

section 313(d)(2). A chemical which is

shown not to deplete the stratospheric

ozone layer could still meet one of the

other criteria, and thus, could not be

deleted from the list.

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