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Citation: 50 Fed. Reg. 49947 1985 

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

service bulletins from the manufacturer may

obtain copies upon request to Gates Learjet

Corporation, P.O. Box 7707, Wichita, Kansas

67277. These documents may be examined at

FAA, Central Region, Wichita, Aircraft

Certification Office, 1801 Airport Road, Room

100, Mid-Continent Airport, Wichita, Kansas,

or at FAA, Northwest Mountain Region,

17900 Pacific Highway South, Seattle,

Washington.

Issued in Seattle, Washington, on

November 29, 1985.

Wayne 1. Barlow,

Acting Director, Northwest Mountain Region.

[FR Doc. 85-28922 Filed 12-5--85; 8:45 am]

BILUNG CODE 4910-13-M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 201

1Docket No. 84N-0 1131

Sulfiting Agents; Labelling In Drugs for

Human Use; Warning Statement

Correction

In Fr Doc. 85-27472, beginning on page

47558 in the issue of Tuesday, November

19, 1985, make the following correction:

On page 47562, third column, eighteenth

line from the bottom of the page, "21

CFR 311.166" should read "21 CFR

211.166"

BILLING CODE 1505-01-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[SW-10-FRL-2935-8]

Oregon; Final Authorization of State

Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Tentative

Determination on Application of Oregon

for Final Authorization, Public Hearing

and Public Comment Period.

SUMMARY: Oregon has applied for final

authorization under the Resource

Conservation and Recovery Act

(RCRA). The Environmental Protection

Agency (EPA) has reviewed Oregon's

application and has made the tentative

decision that Oregon's hazardous waste

program satisfies all of the requirements

necessary to qualify for final

authorization. Thus, 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).

Oregon's application for final

authorization is available for public

review and comment. A public hearing

will be held to solicit comments on the

application if significant public interest

is expressed.

DATES: If sufficient interest is expressed,

a public hearing will be held on January

7, 1986, at 10:00 a.m. at the Portland

Building, Portland, Oregon. The Oregon

Department of Environmental Quality

will be represented at the hearing. EPA

reserves the right to cancel the public

hearing if sufficient public interest is not

communicated to EPA, by telephone or

in writing, by December 30, 1985. EPA

will determine by January 2, 1986,

,whether a public hearing will be held.

All written comments on the State's

final authorization application must be

received by EPA by the close of

business on January 7,1986.

ADDRESSES: Copies of Oregon's final

authorization application are available

during business hours at the following

addresses for inspection and copying;

U.S. EPA Oregon Operations Office, 522

SW. Fifth Avenue, Portland, Oregon,

(503) 221-3250: Oregon Department of

Environmental Quality, 522 SW. Fifth

Avenue, Portland Oregon, (503) 229-

5254; U.S. EPA Region 10 Library, 1200

Sixth Avenue, Seattle, Washington,

(206) 442-1259; U.S. EPA Headquarters

Library, 401 M Street, SW., Washington

DC, (202) 382-5926.

Written comments on the tentative

determination and the application, and

written or telephone communication

expressing interest in holding a public

hearing on the Oregon application must

be directed to David Hanline, Mail Stop

530, U.S. EPA Region 10, 1200 Sixth

Avenue, Seattle, WA, 98101, (206) 442-

2858 or (FTS) 399-2858.

If sufficient public interest is

expressed, U.S. EPA will hold a public

hearing on Oregon's application for final

authorization at 10:00 a.m. on January 7,

1986, in the Portland Building, Meeting

Room C, 1120 SW. Fifth Avenue,

Portland, Oregon.

If you wish to find out whether or not.

U.S. EPA will hold a public hearing on

the tentative determination and the

Oregon 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 on or after January 2, 1986.

FOR FURTHER INFORMATION CONTACT.

David Hanline, Mail Stop 530, U.S. EPA

Region 10, 1200 Sixth Avenue, Seattle,

Washington 98101, (206) 442-2858 or

(FTS) 399-2858. To determine whether a

public hearing will be held, contact

either David Hanline; or Michael

Gearheard, U.S. EPA Oregon Operations

Office, 522 SW. Fifth Avenue, Portland,

Oregon, (503) 221-5250.

SUPPLEMENTARY INFORMATION:

A. Background

Section 3006 of the Resource

Conservation and Recovery Act (RCRA)

allow EPA to authorize State hazardous

waste programs to operate in those

States 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 huthorization 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(c)). EPA's implementing

regulations at 40 CFR 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 (universe of hazardous

wastes, generator standards, transporter

standards and standards for 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

IIB covers incinerator facilities. 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, as described below.

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(b)). 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.

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HeinOnline -- 50 Fed. Reg. 49947 1985
Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

B. Oregon

The State.of Oregon received interim

authorization'for Phase I on July 16,

1981. The State did not apply for Phase

II, but has participated with EPA in

implementation of this aspect of the

program through a Cooperative

Arrangement.

In November of 1983, the State of

Oregon submitted a draft application for

final authorization. EPA made

comments to the State for their

consideration in completing the

application. The State provided for

public comment on the application and

held a hearing on May 29, 1984. The

application for final authorization of the

Oregon hazardous waste program was

submitted on June 1, 1984. At that time,

EPA requested clarification from the

State on several aspects of its

application. Of principal concern to

EPA, the State had not yet demonstrated

that requirements equivalent to the

Federal interim status standards were

applicable to all facilities which had not

yet been issued RCRA permits.

Furthermore, the State's compliance and

enforcement programs were not

discussed in sufficient detail. In

addition, the State's program included a

statutory provision requiring that fivedays notice be given prior to assessment

of civil penalties. With this provision,

the State was not able to demonstrate

that penalties could be assessed for all

violations of hazardous waste

requirements.

The State has addressed these

concerns through addenda to the

application submitted to EPA on August

30, 1985. In addition, minor changes in

the Memorandum of Agreement are

being made by the State, and will be

completed prior to EPA's final

determination on the authorization

application.

In addition to reviewing the

application, EPA evaluated the State's

capability to implement an equivalent

hazardous waste program. To this end,

detailed reviews of the State's

implementation efforts were conducted

in July of 1984, and again in September

of 1985. These reviews focused on key

aspects of the program, including

compliance, enforcement, and permitting

activities. The earlier review, finding

several significant deficiencies in the

State's efforts, resulted in a decision

that EPA would delay action on the

application. The second review found

that the State has been responsive to the

recommendations that EPA has made in

the course of the earlier review, and

noted significant improvements in the

quality of the State's program.

Furthermore, EPA and the State have

agreed to jointly execute a postauthorization Letter of Intent to ensure

the maintenance and enhancement of

hazardous waste program

implementation efforts in the State.

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 Oregon to operate

its program in lieu of the Federal

regulatory program promulgated through

April 30, 1985, pursuant to RCRA, 42

U.S.C. 6901 et seq.

In accordance with section 3006 of

RCRA and 40 CFR 271.20(d), EPA will

hold a public hearing on its tentative

decision if sufficient public interest in

this decision is expressed. A hearing is

scheduled for January 7, 1986, at 10:00

a.m., in Meeting Room C of the Portland

Building, 1120 S.W. Fifth Avenue,

Portland, Oregon. EPA reserves the right

to cancel the public hearing if sufficient

public interest is not communicated to

EPA, by telephone or in writing, by

December 30, 1985. EPA will determine

by January 2, 1985, whether a public

hearing will be held. The public may

also submit written comments on EPA's

tentative determination until the close of

business on January 7, 1986.

In making its final decision, EPA will

consider all public comments on the

tentative determination. Issues raised by.

comments may be a basis to deny final

authorization to Oregon. EPA expects to

make its decision on whether or not to

grant final authorization by January 31,

1986, and will publish a notice of the

decision in the Federal Register. The

notice will include summaries of and

responses 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 facilities the State was authorized to

permit. When new, more stringent

Federal requirements were promulgated

or enacted, the State was obligated to

enact equivalent requirements within

specified timeframes. However, until

new Federal requirements were actually

adopted by the State, they did not take

effect in the authorized State.

In contrast,- under the recently 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 States whose

programs are not authorized.

Furthermore, EPA is directed to

implement those requirements and

prohibitions in authorized States,

including the issuance of full or partial

permits, until the State is granted

authorization to do so. While States

must still adopt HSWA-related

provisions, the HSWA requirements

apply in authorized States in the interim.

Thus, as a result of the HSWA, there

will be dual State/Federal regulatory

program in Oregon 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 that HSWA-related

requirements are in effect in Oregon,

EPA will administer and enforce those

requirements until the State applies for

and receives authorization to do so.

Among other things, this may entail

issuance of Federa.I RCRA permits for

those aspects of the State program

which have not yet been authorized.

This authorization of Oregon's

hazardous waste program includes two

Federal regulatory promulgations

pursuant to the HSWA-the listing of

dioxin-containing wastes (50 FR 1978,

and the paint filter liquids test (50 FR

18370). Once Oregon is authorized to

implement other HSWA requirements or

prohibitions, the State program in those

areas will operate in lieu of the Federal

provisions. Until that time, the State

may assist EPA in the implementation of

such requirements through a cooperative

arrangement. Any State requirement

that is more stringent than a HSWA

provision remains in effect. In such a

case, regulated handlers must comply

with the more stringent State

requirement.

Oregon has not asserted jurisdiction

to implement the hazardous waste

program on Indian lands within the

State. Such authority would therefore

remain with EPA.

Certification Under the 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 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

rile, therefore, does not require a

regulatory flexibility analysis.

49948

HeinOnline -- 50 Fed. Reg. 49948 1985
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

HeinOnline -- 50 Fed. Reg. 49949 1985