Federal Register/Vol. 67, No. 116/Monday, June 17, 2002/Proposed Rules

provide input on the draft guidelines.

Interested members of the public are

encouraged to contact the Access Board

at (202) 272-0011 (voice) or (202) 272-

0082 (TTY) to preregister to attend the

informational meeting.

James J. Raggio,

General Counsel.

[FR Doc. 02-15117 Filed 6-14-02; 8:45 am]

BILLING CODE 8150-01-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL-7229-2]

Oregon: Proposed Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Oregon has applied to EPA for

final authorization of changes to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA has reviewed Oregon's

application and made the preliminary

decision that these changes satisfy all

requirements needed to qualify for final

authorization, and is proposing to

authorize the State's changes.

DATES: EPA will accept written

comments which are received at the

address below on or before July 17,

2002.

ADDRESSES: Send written comments to

Lynn Williams, U.S. EPA, Region 10,

Office of Waste and Chemicals

Management, 1200 Sixth Avenue, Mail

Stop WCM-122, Seattle, WA 98101,

phone, (206) 553-2121. You can

examine copies of the materials

submitted by Oregon during normal

business hours at the following

locations: EPA Region 10 Library, 1200

Sixth Avenue, Seattle WA 98101,

phone, (206) 553-1289; and at the

Oregon Department of Environmental

Quality, Land Quality Division, 811 SW

Sixth Avenue, Portland, OR 97204. The

Oregon contact is Gary Calaba at (503)

229-6534.

FOR FURTHER INFORMATION CONTACT:

Lynn Williams, U.S. EPA Region 10,

Office of Waste and Chemicals

Management, 1200 Sixth Avenue, Mail

Stop WCM-122, Seattle, WA, 98101;

(206) 553-2121. For general information

available on the authorization process,

see EPA's Web site at: http://

www.epa.gov/epaoswer/hazwaste/state/

rcra.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State

Programs Necessary?

States which have received final

authorization from EPA under RCRA

section 3006(b), 42 U.S.C. 6926(b), must

maintain a hazardous waste program

that is equivalent to and consistent with

the Federal program. States are required

to have enforcement authority which is

adequate to enforce compliance with the

requirements of the authorized State

hazardous waste program. Under RCRA

section 3009, States are not allowed to

impose any requirements which are less

stringent than the Federal program. As

the Federal program changes, States

must change their programs and ask

EPA to authorize the changes. Changes

to State programs may be necessary

when Federal or State statutory or

regulatory authority is modified or

when certain other changes occur. Most

commonly, States must change their

programs because of changes to EPA's

regulations in Title 40 of the Code of

Federal Regulations (CFR) parts 124,

260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in

This Rule?

EPA has made the preliminary

determination that Oregon's authorized

hazardous waste program, as revised,

meets the statutory and regulatory

requirements established by RCRA.

Therefore, we are proposing to grant

Oregon final authorization to operate its

hazardous waste program with the

changes described in the authorization

application and as described in this

proposed rule. Regulatory revisions

which are less stringent than Federal

program requirements and those

regulatory revisions which are broader

in scope than Federal program

requirements will not be authorized.

Oregon's authorized program will be

responsible for carrying out the aspects

of the RCRA program described in its

revised program application, subject to

the limitations of the Hazardous and

Solid Waste Amendments of 1984

(HSWA) and the limitations of this

authorization. Oregon's authorized

program does not extend to Indian

country. EPA retains jurisdiction and

authority to implement RCRA over

Indian country and over trust lands.

New Federal requirements and

prohibitions imposed by Federal

regulations that EPA promulgates under

the authority of HSWA are

implementable by EPA and take effect

in States with authorized programs

before such programs are authorized for

the requirements. Thus, EPA will

implement those HSWA requirements

and prohibitions in Oregon, including

issuing permits or portions of permits,

until the State is granted authorization

to do so.

C. What Will Be the Effect if Oregon Is

Authorized for These Changes?

If Oregon is authorized for these

changes, a facility in Oregon subject to

RCRA will have to comply with the

authorized State program requirements

and with the federal HSWA provisions

for which the State is not authorized in

order to comply with RCRA. Oregon has

enforcement responsibilities under its

State hazardous waste program for

violations of its currently authorized

program and will have enforcement

responsibilities for the revisions which

are the subject of this proposed rule

once a final rulemaking becomes

effective. EPA continues to have

independent enforcement authority

under RCRA sections 3007, 3008, 3013,

and 7003, which include, among others,

authority to:

* Do inspections and require

monitoring, tests, analyses, or reports;

* Enforce RCRA requirements,

including State program requirements

that are authorized by EPA and any

applicable Federally-issued statutes and

regulations, and suspend or revoke

permits; and

* Take enforcement actions regardless

of whether the State has taken its own

actions.

The action to approve these revisions

will not impose additional requirements

on the regulated community because the

regulations for which Oregon's program

will be authorized are already effective

under State law.

D. What Happens if EPA Receives

Comments That Oppose This Action?

If the EPA receives significant written

comments on this authorization, we will

address those comments in a later final

rule. You may not have another

opportunity to comment. If you want to

comment on this authorization, you

must do so at this time.

E. What Has Oregon Previously Been

Authorized for?

Oregon initially received final

authorization on January 30, 1986,

effective January 31, 1986 (51 FR 3779),

to implement the State's hazardous

waste management program. EPA

granted authorization for changes to

Oregon's program on March 30, 1990,

effective on May 29, 1990 (55 FR

11909); August 5, 1994, effective

October 4, 1994 (59 FR 39967); June 16,

1995, effective August 15, 1995 (60 FR

31642); and October 10, 1995, effective

December 7, 1995 (60 FR 52629).

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F. What Changes Are We Proposing to

Oregon's Authorized Program?

EPA is proposing to authorize

revisions to Oregon's authorized

program described in Oregon's official

program revision application, submitted

to EPA on February 4, 2002, and

deemed complete by EPA on March 7,

2002. We have made a preliminary

determination that Oregon's hazardous

waste program revisions, as described in

this proposed rule, satisfy the

requirements necessary to qualify for

final authorization. Regulatory revisions

which are less stringent than Federal

program requirements and those

regulatory revisions which are broader

in scope than Federal program

requirements will not be authorized.

The Oregon Hazardous Waste

Management Program, which was

administered by the Oregon Department

of Environmental Quality (DEQ), Waste

Prevention and Management Division,

reorganized effective October 1, 2001

and is now administered by the DEQ

Land Quality Division. This rule

proposes to authorize this

reorganization.

The following table, Table 1,

identifies equivalent and more stringent

State regulatory analogues to the Federal

regulations for those regulatory

revisions Oregon is seeking

authorization for. All of the referenced

analogous State authorities were legally

adopted and effective as of July 21,

2000.

TABLE 1 .- EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL REGULATIONS 1

Description of Federal requirements (CL# 2) Federal Register Analogous State authority (OAR 340-***)

Availability of Inform ation ...................................

User Oil Filter Exclusion, Technical Corrections

(CL 107).

Testing and Monitoring Activities (CL 126) ........

Boilders & Industrial Furnaces, Administrative

Stay & Interim Standards for Bevill Residues

(CL 127).

Wastes From the Use of Chlorophenolic Formulations in Wood Surface Protection (CL

128).

Revision of Conditional Exemption for Small

Scale Treatability Studies (CL 129).

Recycled Used Oil Management Standards;

Technical Amendments and Corrections II

(CL 130).

Recordkeeping Instructions, Technical Amendment (CL 131).

Letter of Credit Revision (CL 133) .....................

Corrections of Beryllium Powder (P015) Listing

(CL 134).

Recovered Oil Exclusion (CL 135) .....................

Removal of the Conditional Exemption for Certain Slag Residues (CL 136).

Carbamate Production Identification and Listing

of Hazardous Waste (CL 140).

Universal Waste Rule: General Provisions (CL

142A)3.

Universal Waste Rule: Specific

Batteries (CL 142B).

Universal Waste Rule: Specific

Pesticides (CL 142C).

Universal Waste Rule: Specific

Thermostats (CL 142 D).

Universal Waste Rule: Petition

.......................................................................... -100-0003(2), -100-0005(a)-(5), 105-0012.

57 FR 29220, 7/1/92 ........................................ -100-0002;-101-0001.

58 FR 46040, 8/31/93 ......................................

58 FR 59598, 11/9/93 ......................................

59 FR 458, 1/4/94 ............................................

59 FR 8362, 2/18/94 ........................................

59 FR 10550, 3/4/94 ........................................

-100-0002; -101-0001;-104-0001; -1005-

0001.

-100-0002.

-100-0002; -101-0001.

-100-0002; -101-0001.

-100-0002; -111-0000(2), -111-0010.

59 FR 13891, 3/24/94 ...................................... -100-0002; -104-0 001.

59 FR 29958, 6/10/94 ...................................... -100-0002; -104-0001, 104-0151.

59 FR 31551, 6/20/94 ...................................... -100-0002; -101-0001, -101-0033.

59 FR 38536, 7/28/94 ......................................

59 FR 43496, 8/24/94 ......................................

60 FR 7824, 2/9/95; as amended at 60 FR

19165, 4/17/95, and at 60 FR 25619, 5/12/

95.

60 FR 25492, 5/11/95 ......................................

Provisions for 60 FR 25492, 5/11/95 ......................................

Provisions for 60 FR 25492, 5/11/95 ......................................

Provisions for 60 FR 25492, 5/11/95 ......................................

Provisions to 60 FR 25492, 5/11/95 ......................................

add a new Universal Waste (CL 142 E) 3 .

Liquids in Landfills III (C L 145) ..........................

RCRA Expanded Public Participation (CL 148)

Land Disposal Restrictions Phase IIIDecharacterized Wastewaters Carbamate

Waste, and Spent Potliners (CL 151).

Conditionally Exempt Small Quantity Generator

Disposal Options under Subtitle D (CL 153).

Consolidated Organic Air Emissions standards

for Tanks Surface Impoundments, and Containers (CL 154).

60 FR 35703, 7/11/95 ......................................

60 FR 63417, 12/11/95 ....................................

6 1 F R 15566 , 4/8/96 ........................................

6 1 F R 34252 , 7/1/96 ........................................

59 FR 62896, 12/6/94; as amended 5/19/95

(60 FR 26828), 9/29/95 (60 FR 50426), 11/

13/95 (60 FR 56952), 2/9/96 (61 FR 4903),

6/5/96 (61 FR 28508), 11/25/96 (61 FR

69932).

-100-0002; -101-0001.

-100-0002; -101-0001.

-100-0002; -101-0033.

-100-0002; -102-0011(e); -113-0000,

-113,0020, 113-0020(1)-(2), -113,0030,

-113-0030(3)(a), -113-0040, -113-

0040(2), -113-0040(2)(b), -113-

0040(2)(b)(B)(v), -113-0040(3)(a)-(b),

-113-0040(4), -113-0050.

-100-0002; -113-0000, -113-0020, -113-

0030, -113-0040.

-100-0000; -113-0020, -113-0000, -113-

0070, -113-0030, -113-0040.

-100-0002; -113-0020, -113-0000, -113-

0030, -113-0040.

-100-0002; -113-0000, -113-0060.

-100-0002.

-100-0002; -106-0001; -105-0001, 105-

0010, 105-0014.

-100-0002; -102-0011(2)(e).

-100-0002, -101-0001.

-100-0002; -104-0001; 102-0034; -101-

0001.

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TABLE 1 .- EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL REGULATIONS 1-Continued

Description of Federal requirements (CL# 2) Federal Register Analogous State authority (OAR 340-***)

Military Munitions Rule: Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of

Hazardous Waste on Right-of-Ways on Contiguous Properties (CL 156)3.

Land Disposal Restrictions Phase IV-Treatment Standards for Wood Preserving Waste,

Paperwork Production and Streamlining, Exemptions from RCRA for Certain Processed

Materials; and Miscellaneous Hazardous

Waste Provisions (CL 157).

Testing and Monitoring Activities Amendment III

(CL 158).

Conformance with Carbamate Vacatur (CL 159)

Emergency Revision of Carbamate Land Disposal Restrictions (CL 161).

Clarification of Standards for Hazardous Waste

LDR Treatment Variances (CL 162).

Organic Air Emission standards for Tanks, Surface Impoundments, and Containers; Clarification and Technical Amendment (CL 163).

Kraft Mill Stream Stripper Condensate Exclusion (CL 164).

Recycled Used Oil Management Standards;

Technical Correction and Clarification (CL166)3.

Land Disposal Restrictions Phase IV-Treatment Standards for Metal Wastes and Mineral Processing Wastes (CL 167A).

Land Disposal Restrictions Phase IV-Hazardous Soils Treatment Standards and Exclusions (CL 167B).

Land Disposal Restrictions Phase IV-Corrections (CL 167 C).

Bevill Exclusion Revisions and Clarifications

(CL 167E).

Exclusion of Recycled Wood Preserving

Wastewaters (CL 167F).

Hazardous Waste Combustors; Revised Standards (CL 168).

Petroleum Refining Process Wastes (CL 169)

Land Disposal Restrictions Phase IV-Zinc

Micronutrient Fertilizers, Amendment (CL

170).

Emergency Revision of the Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Wastes from Carbamate Production (CL 171).

Land Disposal Restrictions Phase IV-Extension of Compliance Date for Characteristic

Slags (CL 172).

Land Disposal Restrictions; Treatment Standards for Spent Potliners from Primary Aluminum Reduction (K088); Final Rule (CL

173).

HW IR- M edia (CL 175)3 ....................................

Universal Waste Rule-Technical Amendments

(CL 176).

Organic Air Emission Standards: Clarification

and Technical Amendments (CL 177).

Petroleum Refining Process Wastes-Leachate

Exemption (CL 178).

Land Disposal Restrictions Phase IV-Technical Corrections and Clarifications to Treatment Standards (CL 179).

Test Procedures for Analysis of Oil and Grease

and Non-Polar Material (CL 180).

Universal Waste Rule: Specific Provisions for

Hazardous Waste Lamps (CL 181).

62 FR 6622, 2/12/97 ........................................

62 FR 25998, 5/12/97 ......................................

62 FR 32452, 6/13/97 ......................................

62 FR 32974, 6/17/97 ......................................

62 FR 45568, 8/28/97 ......................................

62 FR 64504, 12/5/97 ......................................

62 FR 64636, 12/8/97 ......................................

64 FR 18504, 4/15/98 ......................................

63 FR 24963, 5/6/98 ........................................

63 FR 28556, 5/26/98 ......................................

-100-0002, -101-0010; -101-0001; -102-

0010; -103-0010; -104-0001, 104-1201,

104-1201(2), (3); -105-0001, -105-0041

(3),(4).

-100-0002; -101-0001, -101-0004.

-100-0002; -104-0001.

-100-0002; -101-0001.

-100-0002.

-100-0002.

-100-0000; -104-0001.

-100-0002; -101-0004.

-100-0002; -111-0000 (2), -111-0032,

-111-0050.

-100-0002; -102-0011(2)(e).

63 FR 28556, 5/26/98 ...................................... -100-0002.

63 FR 28556, 5/26/98; as amended 6/8/98

(63 FR 31260).

63 FR 28556, 5/26/98 ......................................

63 FR 28556, 5/26/98 ......................................

63 FR 33782, 6/19/98 ......................................

63 FR 42110, 8/6/98 ........................................

63 FR 46332, 8/31/98 ......................................

63 FR 47410, 9/4/98 ........................................

63 FR 48124, 9/9/98 ........................................

63 FR 51254, 9/24/98 ......................................

63 FR 65874, 11/30/98 ....................................

63 FR 71225, 12/24/98 ....................................

64 FR 3382, 1/21/99 ........................................

64 FR 6806, 2/11/99 ........................................

63 FR 25408, 5/11/98 ......................................

64 FR 26315, 5/14/99 ......................................

64 FR 36466, 7/6/99 ........................................

-100-0002.

-100-0002; -101-0001, -101-0004.

-100-0002; -101-0004.

-101-0002, -101-0001, -101-0004.

-100-0002; -101-0001; -102-0010; -101-

0004.

-100-0002.

-100-0002.

-100-0002.

-100-0002.

-100-0010, -100-0002; -101-0004(3);

-105-0003, -105-0115.

-100-0002; -113-0000.-113-0020.

-100-0002; -102-0034; -104-0001.

-100-0002; -101-0001, -101-0004.

-100-0002; -101-0001; -102-0010; -101-

0004; -102-0034.

-100-0002.

-100-0002; -113-0000, -113-0020, -113-

0030, -113-0040, -113-0060.

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TABLE 1 .- EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL REGULATIONS 1-Continued

Description of Federal requirements (CL# 2) Federal Register Analogous State authority (OAR 340-***)

Hazardous Air Pollutants Standards for Corn- 64 FR 52828, 9/30/99, as amended 11/19/99 -100-0002; -101-0001; -104-0001; -105-

bustors (CL 182). (64 FR 63209). 0001.

Land Disposal Restrictions Phase IV-Tech- 64 FR 56469, 19/20/99 .................................... -100-0002; -101-0001; -102-0010, -102-

nical Corrections (CL 183). 0034.

Accumulation Time for Waste Water Treatment 65 FR 12378, 3/8/00 ........................................ -100-0002; -102-0010.

Sludges (CL 184).

Organobromine Production Waste Vacatur (CL 65 FR 14472, 3/17/00 ...................................... -100-0000; -101-0001.

185).

1 For further discussion on where the revised State rules differ from the Federal rules refer to Section G. below, the authorization revision application, and the administrative record for this proposed rule.

2 CL # (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular FEDERAL REGISTER notice and EPA publishes these checklists as aids for States to use for the development of their authorization application. See EPA's RCRA State Authorization Web

page at http://www.epa.gov/epaoswer/hazwaste/state. 3 State rule contains some more stringent provisions. For identification of more stringent State provisions refer to the authorization revision application and the Attorney General's statement for this proposed rule.

G. Where Are the Revised State Rules

Different From the Federal Rules?

This section discusses some of the

differences between the revisions

Oregon proposed to its authorized

program and the Federal regulations.

Not all program differences are

discussed in this section because,

although Oregon incorporates many

Federal rules by reference, the State also

writes its own version of many of the

federal hazardous waste rules. This

section discusses certain rules where

EPA is making a preliminary

determination that the State program is

more stringent and will be authorized,

rules where the State program is broader

in scope, and rules where the State

program is less stringent than the

federal requirements. The State will not

be authorized for the less stringent rules

or broader in scope rules. Less stringent

State rules and broader in scope rules

do not supplant federal regulations.

Persons should consult the table

referenced above for the specific State

regulations which EPA proposes to

authorize.

Certain portions of the federal

program are not delegable/authorizable

to the States because of the Federal

government's special role in foreign

policy matters and because of national

concerns that arise with certain

decisions. One such matter pertains to

import/export functions. EPA does not

delegate/authorize import/export

functions. Under the RCRA regulations

found in 40 CFR part 262, Standards for

Generators, EPA will continue to

implement requirements for import/

export functions. EPA does not

delegate/authorize certain of the Federal

Land Disposal Restriction requirements,

40 CFR Part 268, because of the national

concerns that must be examined when

decisions are made under the following

federal regulations; these include: 40

CFR 268.5-Procedures for case-by-case

effective date extensions; 40 CFR

268.6-"No migration" petitions; 40

CFR 268.42(b)-applications for

alternate treatment methods; and 40

CFR 268.44(a)-(g)-general treatment

standard variances. Oregon's program

does not include these requirements.

EPA will continue to implement these

requirements under EPA's HSWA

authority.

Areas Where the State Program Is More

Stringent

States are allowed to seek

authorization for State requirements that

are more stringent than federal

requirements. EPA has authority to

authorize and enforce those parts of a

State's program EPA finds to be more

stringent than the federal program. This

section does not discuss each more

stringent preliminary finding made by

EPA, but persons can locate such

sections by consulting the Table,

referenced above, as well as by

reviewing the authorization application.

Oregon has enacted several

requirements under its hazardous waste

management program for which EPA

has made the preliminary determination

that the requirements are more stringent

than the standards of the Federal RCRA

program set forth in 40 CFR parts 260-

279.

States sometimes make changes to

their previously authorized programs for

which they need to seek

reauthorization. Oregon made such a

change to its rules for availability of

information. The State program

requirement at OAR 340-100-0003,

which replaces the federal requirements

at 40 CFR 260.2 for availability of

information, is preliminarily

determined to be more stringent than

the federal program because State

regulations require additional

justification for trade secret claims and

establish a time frame of 15 to 30 days

for clarifying claims. OAR 340-105-

0012 was revised to require identical

trade secret claims substantiation for

permits as required by OAR 340-100-

0003.

The State program regulation at OAR

340-101-0004(3) is preliminarily

determined to be more stringent than

the federal program at 40 CFR 261.4(g),

Dredged Materials, in that the State

program deletes 40 CFR 261.4(g) from

its incorporation of the federal

regulations by reference. Consequently,

the State program does not exclude

dredged material from regulation as a

solid waste subject to a hazardous waste

determination. Because the dredged

materials exclusion at 40 CFR 261.4(g)

replaced existing regulations that

subjected such materials to a hazardous

waste determinations, State programs

were allowed the option of choosing to

change their regulations to include the

dredged materials exclusion or not.

Those that selected not to include the

exclusion would be more stringent than

the federal program because EPA

promulgated the dredged materials

exclusion as a less stringent

requirement.

The State program regulation at OAR

340-102-0011(3) is preliminarily

determined to be more stringent than

the federal program regulation at 40 CFR

262.11 because generators of hazardous

waste in Oregon must keep

documentation of "knowledge of

process" hazardous waste

determinations for at least three years.

The State program at OAR 340-102-

0034(2) is preliminarily determined to

be more stringent than the federal

regulation at 40 CFR 262.34 as an

additional requirement, which does not

replace or supersede the requirement to

have a permit in the event a generator

fails to satisfy the 40 CFR 262.34

conditions.

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The State program at OAR 340-102-

0040, replacing the requirements of 40

CFR 262.40(b), is preliminarily

determined to be more stringent than

the federal program because the State

program requires small quantity

generators both to report waste

generated (OAR 340-102-0041) and to

maintain copies of all reports on waste

generated for three years.

The State program is preliminarily

determined to be more stringent at OAR

340-104-0001(6) than the federal

program with respect to facilities

receiving hazardous waste from offsite

because the State program requires that

facilities receive a final waste permit

before managing offsite hazardous

wastes. The federal program allows

facilities with interim status to receive

offsite hazardous waste.

The State program is preliminarily

determined to be more stringent than

the federal program with respect to the

federal HWIR media rule because the

State regulations do not allow for the

use of Remedial Action Plans (RAPs) as

found in the federal requirements at 40

CFR part 270, subpart H. The State

regulations at OAR 340-105-0003

delete from their incorporation by

reference of the federal regulations those

regulations allowing for RAPs. Oregon

inadvertently incorporated 40 CFR

270.230(e)(1) by reference but does not

seek authorization for the provision.

The State program is preliminarily

determined to be more stringent than

the federal program with respect to the

federal Post Closure (PC) rule (63 FR

56710) because the State program

specifically excluded the PC rule from

its incorporation by reference of the

federal regulations at OAR 340-100-

0002.

The State program is preliminarily

determined to be more stringent in

certain places than the federal

regulations promulgated in EPA's

Military Munitions Rule (62 FR 6622).

With respect to the hazardous waste

management system in Oregon, the State

hazardous waste program added

definitions for "demilitarization" and

"demilitarization residue" at OAR 340-

100-0010(2)(f) and (g) in Oregon's

analog to 40 CFR 260.10. These

definitions are specific to the processes

and activities at the Umatilla Chemical

Depot and are preliminarily determined

to be more stringent than the federal

program.

With respect to chemical agent

munitions and chemical agent bulk

items in storage, the State program

identifies such chemical agent

munitions and chemical agent bulk

items in storage as characteristic and/or

listed hazardous waste at OAR 340-

101-0030, referencing listings for blister

agents and nerve agents at OAR 340-

102-0011(c)(A) and (B). In the Military

Munitions Rule, at 62 FR 6633, EPA

said that States could be more stringent

than the federal program for chemical

agents and munitions.

Oregon's analog to 40 CFR 264.1201,

OAR 340-104-1201, design and

operating standards for munitions

storage, is preliminarily determined to

be more stringent than the federal

program because OAR 340-104-1201

adds additional requirements to

munitions storage, including

requirements for: storage unit operations

and management plans; vapor

containment mechanisms for nerve

agent storage units; a requirement to not

allow storage of munitions in an open

area; and the State definition of "no

migration" to mean no detectable

concentration of chemical agent outside

the storage unit. EPA's regulations defer

the "no migration" criteria to Army

management procedures which allow

some detectable migration.

The State is preliminarily determined

to be more stringent than the federal

program because the State program

defines, for purposes of reportable

quantities, chemical agents (such as, for

example, nerve agents GB, VX, and

blister agent HD) to be hazardous

materials at OAR 340-108-0002(9)(c),

and at OAR 340-108-0010(1)(e)

reportable quantity is defined to mean

any quantity of chemical agent.

The State is preliminarily determined

to be more stringent than the federal

program in its incorporation by

reference of the federal regulations at

OAR 340-105-0041(3) because the State

program deleted a cross-reference to the

federal regulation at 40 CFR 270.42(h)

and replaced the cross-reference with a

citation to OAR 340-105-0041(4) which

for the Umatilla Chemical Depot does

not allow the acceptance of off-site

shipments of munitions. The federal

program does not restrict acceptance of

such off-site shipments at the Umatilla

Chemical Depot.

EPA has made the preliminary

determination that certain of the State

program regulations for universal waste

are more stringent than the federal

regulations.

The State regulations at OAR 340-

113-0040(2)(b), (2)(b)(B), (3)(a) and (b),

are preliminarily determined to be more

stringent than the federal regulations at

40 CFR 273.12 and 273.32(b)(5), because

the State requires owners or operators of

off-site universal waste collection sites

accumulating more than 1,000 kg of

universal waste and non-pesticide

universal waste to meet the notification

requirements for large quantity

generators and to submit additional

information with the notification. The

more stringent requirements of OAR

340-113-0040(2) and (3) are not

applicable under the State regulation at

OAR 340-113-0040(1)(b) to persons

who collect, store or transport universal

waste batteries.

The State regulations at OAR 340-

113-0040(3)(a) and (b) are preliminarily

determined to be more stringent than

the federal regulations at 40 CFR

273.15(a) and (b) and 273.35(a) and (b),

because the State regulations require

owners and operators of off-site

collection sites accumulating more than

1,000 kg of universal waste to limit the

accumulation time to a six month

period or to receive written approval

from ODEQ to extend the accumulation

period.

The State regulation at OAR 340-113-

0040(4) is preliminarily determined to

be more stringent than the federal

regulation at 40 CFR 273.19 for tracking

universal waste shipments because the

State regulation applies to small

quantity handlers accumulating more

than 1,000 kg of universal waste.

The State regulation at OAR 340-113-

0040(4)(b) is preliminarily determined

to be more stringent than the federal

regulation at 40 CFR 273.39(a) because

the State regulation requires an off-site

collection site to record the date the offsite universal waste was received.

The State regulation at OAR 340-113-

0050(2) is preliminarily determined to

be more stringent than the federal

regulation at 40 CFR 273.60 because the

State requires annual reporting of

universal waste for all destination

facilities.

The State regulation at OAR 340-113-

0060(2)(b) is preliminarily determined

to be more stringent than the federal

regulation at 40 CFR 273.81(c) in listing

additional factors to be considered

when reviewing a petition to remove a

universal waste from the universal

waste rule. However, the use of such

factors cannot result in the universal

waste not remaining subject to the

hazardous waste regulations.

The State program is preliminarily

determined to be more stringent than

the federal requirements at 40 CFR

279.22, Used Oil Storage, because the

State regulation OAR 340-111-0032

requires generators to store used oil in

accordance with applicable State and

local Fire Marshal regulations and to

keep rainwater from coming in contact

with used oil during storage. The State

program is preliminarily determined to

be more stringent than the federal

program at 40 CFR 2 79.45(h), 2 79.54(g),

and 279.64(g), because the State

program at OAR 340-111-0050 requires

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handlers to respond to spills and

releases according to more specific State

requirements of OAR 340 Division 108

and requires used oil handlers to take

immediate action to mitigate, report and

clean up threatened spills and releases

of used oil as required in OAR 340

Division 108.

Areas Where the State Program Is

Broader in Scope

States are not allowed to seek

authorization for State requirements that

are broader in scope than the federal

requirements. EPA does not have

authority to authorize and enforce those

parts of a State's program which are

broader in scope than the federal

program. Because the State program at

OAR 340-101-0004 deleted from its

incorporation by reference of the federal

regulations the provisions of 40 CFR

261.4(b)(7)(ii), a list of 20 wastes from

the extraction, beneficiation and

processing of ores and minerals (Bevill

wastes) which under the federal

program are solid wastes that are not

hazardous wastes, EPA has made the

preliminary determination that the State

program is broader in scope than the

federal program with respect to these

solid wastes.

The State program incorporated by

reference rules that classified mineral

processing characteristic sludges and

byproducts being reclaimed as solid

wastes and subjected manufactured gas

plant waste to characterization under

the toxicity characteristic regulations.

The Federal regulations, 40 CFR

261.2(c)(3) parenthetical, 40 CFR

261.4(a)(17) as it referenced secondary

materials rather than spent materials,

and 40 CFR 261.24 as it applied to

manufactured gas plant waste, were

subsequently revised (67 FR 11251,

March 13, 2002) because of a court

vacatur of certain provisions of the

regulations. Because of the vacatur, EPA

cannot authorize the rules; thus EPA has

made the preliminary determination

that the State is broader in scope

because the State program regulations at

OAR 340-100-0002 incorporated the

federal rules by reference as those rules

existed before the vacatur.

The State incorporated by reference at

OAR 340-224-0220 the federal

regulation at 40 CFR 63.1210(b) which

was vacated on July 24, 2001. EPA has

made the preliminary determination

that the State hazardous waste program

is broader in scope to the extent, if at

all, the State hazardous waste

regulations reference or cross-reference

the vacated federal rule.

The State regulations define

"pesticide residue" at OAR 340-100-

0010. The State interprets "pesticide

residue" to include state-only pesticides

which are state-only hazardous wastes

and outside the scope of the federal

regulations. A generator of state-only

pesticide residues may designate such

residues as "waste pesticide" and

manage the residues in a manner

consistent with the universal waste

management standards of OAR Division

113, under a state water pollution

control facility permit, at a Subpart C

facility as allowed by OAR 340-109-

0010(4)(a) or in a Subpart D facility

provided land disposal restrictions were

met. Portions of the State definition for

universal waste, OAR 340-113-0020(4)

are preliminarily determined to be

broader in scope than the federal

regulations at 40 CFR 260.10 and 273.9

by the addition of "waste pesticides,"

which as defined by the State at OAR

340-109-0001(2)(a), are those not

subject to regulation as hazardous waste

under the federal regulations at 40 CFR

Parts 260 to 270. Portions of the State

definition of "universal waste," OAR

340-113-0020(4), are also preliminarily

determined to be broader in scope

where the definition includes "pesticide

residues" that are not part of the federal

program.

The State regulation at OAR 340-113-

0010(1)(a), in addition to wastes covered

by 40 CFR 273.3, adds waste pesticides

and pesticide residues to the

applicability section of the universal

waste rules. This addition is

preliminarily determined to be broader

in scope where such waste pesticides or

pesticide residues would not be part of

the federal program.

H. Who Handles Permits After This

Authorization Takes Effect?

Oregon will issue permits for all the

provisions for which it is authorized

and will administer the permits it

issues. All permits, or portions of

permits, issued by EPA Region 10 prior

to final authorization of this revision

will continue to be administered by EPA

Region 10 until the issuance or reissuance after modification of a State

RCRA permit and until EPA takes action

on its permit or portion of permit.

HSWA provisions for which the State is

not authorized will continue in effect

under the EPA-issued permit or portion

of permit. EPA will continue to issue

permits, or portions of permits, for

HSWA requirements for which the State

program in Oregon is not yet authorized.

I. How Does Today's Action Affect

Indian Country (18 U.S.C. 1151) in

Oregon?

EPA's decision to authorize the

hazardous waste program does not

include any land that is, or becomes

after the date of this authorization,

"Indian Country," as defined in 18

U.S.C. 1151. This includes: (1) All lands

within the exterior boundaries of Indian

reservations within or abutting the State

of Oregon; (2) any land held in trust by

the U.S. for an Indian tribe; and (3) any

other land, whether on or off an Indian

reservation that qualifies as Indian

country. Therefore, this action has no

effect on Indian country. EPA retains

jurisdiction over "Indian Country" as

defined in 18 U.S.C. 1151 and will

continue to implement and administer

the RCRA program in Indian country.

J. Administrative Requirements

The Office of Management and Budget

has exempted this action from the

requirements of Executive Order 12866

(58 FR 51735, October 4, 1993), and

therefore this action is not subject to

review by OMB. This action authorizes

State requirements for the purpose of

RCRA 3006 and imposes no additional

requirements beyond those imposed by

State law. Accordingly, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this action authorizes

pre-existing requirements under State

law and does not impose any additional

enforceable duty beyond that required

by State law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104-4).

For the same reason, this action also

does not have Tribal implications

within the meaning of Executive Order

13175 (65 FR 67249, November 6, 2000).

This action does not have substantial

direct effects on tribal governments, on

the relationships between the Federal

government and the Indian Tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

This action will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

authorizes State requirements as part of

the State RCRA hazardous waste

program without altering the

relationship or the distribution of power

and responsibilities established by

RCRA. This action also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

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economically significant and it does not

make decisions based on environmental

health or safety risks. This action is not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply

Distribution or Use" (66 FR 28344, May

22, 2001) because it is not a significant

regulatory action under Executive Order

12866. The proposed rule does not

include environmental justice issues

that require consideration under

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Under RCRA 3006(b), EPA grants a

State's application for authorization as

long as the State meets the criteria

required by RCRA. It would thus be

inconsistent with applicable law for

EPA, when it reviews a State

authorization application, to require the

use of any particular voluntary

consensus standard in place of another

standard that otherwise satisfies the

requirements of RCRA. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the "Attorney

General's Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings" issued under

the executive order. This proposed rule

does not impose an information

collection burden under the provisions

of the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action 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, 6974(b).

Dated: June 3, 2002.

L. John lani,

Regional Administrator, Region 10.

[FR Doc. 02-14760 Filed 6-14-02; 8:45 am]

BILLING CODE 6560-50-P

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