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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 obtaincopies upon request to Gates Learjet Corporation, P.O. Box 7707, Wichita, Kansas 67277. These documents maybe examined at FAA, Central Region, Wichita, Aircraft Certification Office, 1801 Airport Road, Room 100,Mid-Continent Airport, Wichita, Kansas,

orat FAA, Northwest Mountain Region, 17900 Pacific Highway South, Seattle, Washington.

Issued inSeattle, Washington, on November 29, 1985. Wayne 1.Barlow, ActingDirector, NorthwestMountainRegion. [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-01131 SulfitingAgents; Labelling In Drugsfor Human Use; Warning Statement

Correction

In FrDoc. 85-27472, beginning on page 47558 in the issue ofTuesday, November 19, 1985, make the following correction: Onpage 47562, third column, eighteenth line from thebottom ofthe 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 ofState Hazardous Waste Management Program
AGENCY: Environmental Protection Agency. ACTION: Notice ofTentative Determination on Application ofOregon forFinal Authorization, Public Hearing and Public Comment Period.

SUMMARY: Oregon has appliedfor final authorization under the Resource Conservation and Recovery Act (RCRA). TheEnvironmental Protection Agency (EPA) has reviewed Oregon's application and has made the tentative decision thatOregon's hazardous waste program satisfies all ofthe requirements necessary to qualify for final authorization. Thus, EPA intendsto grant final authorization to the State to operate itsprogram in lieu ofthe Federal program, subject to the limitations on its authority imposed by the Hazardous and SolidWaste Amendments of 1984 (Pub.L.98-616 November 8, 1984). Oregon's application for final authorization is available for public review and comment.A publichearing willbe held to solicit comments on the application ifsignificant public interest is expressed.

DATES: Ifsufficient 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 ofEnvironmental Quality willbe represented atthe hearing. EPA

reserves the right to cancel thepublic hearing ifsufficient public interest is not communicated toEPA, bytelephone or in writing, by December 30, 1985. EPA will determine byJanuary 2, 1986, ,whether a public hearing will be held.

All written comments on the State's final authorization application must be received by EPA bythe close of business on January 7,1986.

ADDRESSES: Copies ofOregon's final authorization application are available during business hours at the following addresses forinspection and copying; U.S. EPA Oregon Operations Office, 522 SW. FifthAvenue, 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. EPAHeadquarters 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.

Ifsufficient public interest is expressed, U.S. EPA will hold a public hearing on Oregon's application forfinal authorization at 10:00 a.m. on January 7, 1986,in the Portland Building, Meeting Room C, 1120SW. Fifth Avenue, Portland, Oregon.

Ifyouwish to find out whether or not. U.S. EPA willhold 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 beheld, 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 ofthe Resource Conservation and Recovery Act (RCRA) allow EPA to authorize State hazardous waste programs to operate in those States in lieu oftheFederal hazardous
waste program. Two types of authorization may be granted. The first type,known as "interim authorization" is a temporary huthorization which is granted ifEPA 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 Parts260- 263 and 265 (universe ofhazardous wastes, generator standards, transporter standards and standards forinterim status facilities), and Phase II, covering the EPA regulations in 40CFR 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 forcontainers 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 ifthe State has notreceived final authorization, as described below.

The second type ofauthorization is a "final" (permanent) authorization that is grantedby EPA ifthe 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), 42U.S.C. 6926(b)). States need not have obtained interim authorization in order to qualify forfinal authorization. EPA regulations to qualify forfinal authorization appear at40 CFR 271.1- 271.23. 

### 49947

HeinOnline -- 50 Fed. Reg. 49947 1985

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

B. Oregon

The State.ofOregon received interim authorization'for Phase Ion July 16, 1981. The State did not apply for Phase II, but has participated with EPAin implementation of this aspect of the program through a Cooperative Arrangement.

In November of1983, 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 ofthe Oregon hazardous wasteprogram was submitted on June 1, 1984. Atthat time, EPA requested clarification fromthe State on several aspects ofits application. Ofprincipal concern to EPA, the State had not yet demonstrated thatrequirements 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 givenprior to assessment ofcivil penalties. With this provision, the State was not able to demonstrate that penalties could be assessed for all violations ofhazardous waste requirements.

The State has addressed these

concerns through addenda to the application submitted to EPAon August 30, 1985. In addition, minor changes in the Memorandum ofAgreement 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 ofthe State's implementation efforts were conducted in Julyof 1984, and again in September of1985. These reviews focused on key aspects ofthe 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 ofthe earlier review, and noted significant improvements in the quality of the State'sprogram. Furthermore, EPA and the State have agreed tojointly execute a postauthorization Letter ofIntent 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 ofthe requirements necessary to qualify for final authorization, and intends togrant final authorization to Oregon to operate its program in lieu ofthe Federal regulatory program promulgated through April 30, 1985, pursuant to RCRA, 42 U.S.C. 6901 et seq.

In accordance with section 3006of RCRA and 40 CFR 271.20(d), EPA will hold a publichearing on its tentative decision ifsufficient public interest in this decision is expressed. Ahearing is scheduled forJanuary 7, 1986, at 10:00
a.m., inMeeting Room C ofthe Portland Building, 1120 S.W. Fifth Avenue, Portland, Oregon. EPA reserves theright
to cancel the public hearing ifsufficient public interest is not communicated to EPA, bytelephone or in writing, by December 30, 1985. EPA will determine by January 2, 1985, whether a public hearing willbe 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 allpublic 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 notto grant final authorization by January 31, 1986, and will publish a notice ofthe decision in theFederal Register. The notice will include summaries of and responses to all majorcomments.

Prior to the Hazardous and Solid Waste Amendments of1984 (HSWA) amending RCRA, a State with final authorization administered its hazardous waste program entirely in lieu ofEPA.The Federal requirements

no longer applied in the authorized State, and EPA could not issue permits forfacilities 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 therecently enacted section 3006(g) ofRCRA, 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 ofthe 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 inlieu oftheFederal 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 ofFedera.I RCRApermits for those aspects ofthe State program which have not yetbeen authorized.

This authorization ofOregon'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 (50FR 18370). Once Oregon is authorized to implement other HSWA requirements or prohibitions, the State program in those

areas willoperate in lieu ofthe 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 of5 U.S.C. 605(b), Ihereby certify that this authorization will not have significant economic impact on a substantial number ofsmall entities. The authorization effectively suspends the applicability ofcertain Federal regulations in favor ofOregon's program, thereby eliminating duplicative requirements for handlers ofhazardous waste in the State. Itdoes not impose any new burdens on small entities. This rile, therefore, does notrequire 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 Order12291

The Office ofManagement and Budget- (OMB) has exempted this rule fromthe requirements ofSection 3 ofExecutive 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 bythe Resource Conservation and Recovery Act of1976,

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

List ofSubjects of40 CFR Part271

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. 85-29120Filed 12-5-85: 845 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 ofTentative Determination on Application of Washington forFinal 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 intendsto grant final authorization to the State to operate its program in lieu of theFederal program subject to the limitations on its authority imposed bythe 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 willbe held to solicit comments

on the application ifsignificant public interest is expressed. DATES: Ifsufficient public interest is expressed in holding a hearing, a public hearing is scheduled forJanuary 6, 1986,
at 10:00 a.m. Washington will partitipate in the public hearing held by EPAon this subject.ifheld.EPA reserves the right to cancel the public hearing if sufficient public interest in holding a hearing is not communicated to EPA by telephone orin writing byDecember 27, 1985. EPA will determine byDecember 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 byEPA bythe close of business on January 6, 1986. ADDRESSES: 

### Copies ofWashington's final authorization application are available during business hours at the following addresses forinspection 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, 401M Street, SW., Washington, DC 20460, Phone: (202) 382-5926; U.S. EPA Region 10Library, 1200Sixth 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 theWashington application mustbe
sentto Michael Bussell, Mail Stop 530, 1200Sixth Avenue, Seattle, WA, 98101, (206) 442-2857 or (FTS) 399-2857.

If sufficient public interest is

- expressed, U.S. EPA willhold a public hearing onWashington's application for final authorization at 10:00 a.m. on January 6, 1986, in Conference Room 12A ofthe EPA Region 10 offices at 1200 Sixth Avenue, Seattle, Washington.

Ifyou wish to find out whether ornot U.S. EPAwill 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 listedbelow 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 ofthe Resource Conservation and Recovery Act (RCRA) allows EPA to authorize State hazardous waste programs to operate in the State in lieu ofthe 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 ifEPA determines that the State program is "substantially equivalent" to theFederal program [section 3006)(c), 42 U.S.C. 6926]. EPA's implementing regulations at 40CFR Parts 271.121- 271.137established a phased approach
to interim authorization: Phase I, covering the EPAregulations in 40CFR 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 40CFR Parts 124, 264, and 270 (procedures and standards for permittinghazardous
waste management facilities).

Phase II,in turn, has three components. Phase IIAcovers general permitting procedures and technical standards for containers and tanks and in some cases certain surface impoundments and waste piles. Phase libcovers incinerator facilites. Phase IIC addresses landfills, land treatment facilities, surface impoundments and
waste piles.By statute, allinterim authorizations expire on January 31, 1986. Responsibility for the hazardous
waste program returns (reverts) to EPA

on that dateifthe State hasnotreceived final authorization.

The second type ofauthorization is a "final" (permanent) authorization that is granted byEPA ifthe Agency finds that the State program: (1)Is "equivalent" to theFederal 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 nothave obtained interim authorization in order to qualify for final authorization. EPA regulations to qualify forfinal authorization appear at 40 CFR 271.1- 271.23.
B. Washington

The State of Washington received interim authorization on August 2, 1983, for Phase Iand Phase IIA and liB.The State did not seek interim authorization for the land disposal permitting component (PhaseIIC) and has participated in this aspect ofthe program with EPA under a Cooperative Arrangement.

The State ofWashington submitted a draft application for final authorization

on Jaunary 17, 1984.EPA comments

were made to the State fortheir 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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