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

provide input on the draft guidelines. Interested members ofthe public are encouraged to contact the Access Board at (202) 272-0011 (voice)or (202) 272- 0082 (TTY) topreregister to attend the informational meeting.
James J.Raggio, GeneralCounsel. [FRDoc. 02-15117 Filed6-14-02; 8:45 am]

BILLING CODE 8150-01-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 271 [FRL-7229-2] Oregon: Proposed Authorizationof State Hazardous Waste Management Program Revision
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: Oregon has applied toEPA for final authorization ofchanges toits hazardous waste program under the Resource Conservation andRecovery Act (RCRA). EPA has reviewed Oregon's application and made the preliminary decision thatthese changes satisfy all requirements needed toqualify for final authorization, and isproposing to authorize the State's changes. DATES: EPA will accept written comments which are received at the address below on orbefore July 17, 2002. ADDRESSES: Send written comments to Lynn Williams, U.S. EPA, Region 10, Office ofWaste and Chemicals Management, 1200 SixthAvenue, Mail Stop WCM-122, Seattle, WA 98101, phone, (206) 553-2121. Youcan examine copies ofthe materials submittedby Oregon during normal business hours at the following locations: EPARegion 10 Library, 1200 Sixth Avenue, Seattle WA 98101, phone, (206) 553-1289; and at the Oregon Department ofEnvironmental 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. EPARegion 10, Office ofWaste and Chemicals Management, 1200 SixthAvenue, Mail Stop WCM-122, Seattle, WA, 98101; (206) 553-2121. Forgeneral information available on the authorization process,
seeEPA's Web site at: http:// www.epa.gov/epaoswer/hazwaste/state/

rcra. SUPPLEMENTARY INFORMATION: A. Why Are Revisions to State Programs Necessary? Stateswhich 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 equivalentto and consistent with the Federal program. States are required to have enforcement authority which is adequate to enforce compliance withthe requirements ofthe authorized State hazardous waste program. Under RCRA section 3009, Statesare 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, Statesmust change their programs because ofchanges to EPA's regulations in Title 40 ofthe Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.
B. What Decisions HaveWe Made in This Rule?

EPA has made the preliminary determination that Oregon's authorized hazardous waste program, as revised, meets the statutory andregulatory requirements established by RCRA. Therefore, we are proposing togrant 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 andthose regulatory revisions which arebroader in scopethan Federal program requirements will not be authorized. Oregon's authorized programwill be responsible for carrying out the aspects oftheRCRA program described in its revised program application, subject to the limitations ofthe Hazardous and SolidWaste Amendments of1984 (HSWA) andthe limitations ofthis authorization. Oregon's authorized program does not extend to Indian country. EPA retainsjurisdiction and authority toimplement RCRAover Indian country and over trustlands.

New Federal requirements and prohibitions imposed byFederal regulations thatEPA promulgates under the authority ofHSWA are implementable byEPA and take effect in Stateswith authorized programs before suchprograms are authorized for the requirements. Thus, EPA will implement those HSWA requirements and prohibitions in Oregon, including issuing permits orportions ofpermits, until the State is granted authorization to do so. C.What Will Be theEffect ifOregon Is Authorized forThese Changes?

IfOregon is authorized forthese changes, afacility in Oregon subject to RCRAwill have to comply with the authorized State program requirements and withthe federal HSWAprovisions for whichthe Stateis not authorized in order to comply withRCRA. Oregon has enforcement responsibilities underits State hazardous wasteprogram for violations ofitscurrently authorized program and will have enforcement responsibilities for the revisions which

arethe subject ofthis proposed rule

once afinal rulemaking becomes effective. EPA continues tohave independent enforcement authority underRCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to:

* Do inspections and require monitoring,tests, analyses, or reports;

* Enforce RCRArequirements, including State program requirements thatare authorized byEPA and any applicable Federally-issued statutes and regulations, and suspend orrevoke permits; and

* Take enforcement actions regardless ofwhetherthe State has taken its own actions. The action to approve these revisions will notimpose additional requirements

on the regulated community because the regulations for which Oregon's program willbe authorized are already effective under State law.
D. WhatHappensifEPAReceives Comments ThatOppose This Action?

Ifthe EPA receives significant written comments onthis authorization, we will address those comments in a later final rule. Youmay nothave another opportunity to comment. Ifyou want to comment on this authorization, you must do so at this time.
E. What Has OregonPreviously Been Authorized for?

Oregon initially received final authorization onJanuary 30, 1986, effective January 31, 1986 (51 FR 3779), to implement the State's hazardous waste managementprogram. EPA granted authorization for changes to Oregon's program onMarch 30, 1990, effective on May 29, 1990 (55 FR 11909); August 5, 1994, effective October 4, 1994 (59FR 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 ChangesAre We Proposingto Oregon's AuthorizedProgram?

EPA isproposing to authorize revisions to Oregon's authorized program described in Oregon's official program revision application, submitted to EPA onFebruary 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 andthose regulatory revisions which arebroader in scopethan Federal program requirements will not be authorized. The Oregon Hazardous Waste Management Program, which was administered by the Oregon Department ofEnvironmental Quality (DEQ), Waste Prevention and Management Division, reorganized effective October 1, 2001 and isnow administered by the DEQ Land Quality Division. Thisrule 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 ofthe referenced analogous State authorities were legally adopted and effective as ofJuly 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 Information

................................... 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 (CL 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

....................................
61 FR 15566
,4/8/96

........................................

61 FR 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). HWIR- Media (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). 1For 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 forthis proposed rule.

2CL # (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular FEDERAL REGISTER notice and EPA publishesthese checklists as aids for States to use for the development oftheir authorization application. See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/hazwaste/state.

3State 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 Fromthe Federal Rules?

This section discusses some ofthe differences between the revisions Oregon proposed to its authorized program andthe Federal regulations. Not all program differences are discussed in this section because, although Oregon incorporates many Federal rules byreference, the State also writes its own version ofmany ofthe federal hazardous waste rules. This section discusses certain rules where EPA ismaking a preliminary determination that the State program is

more stringent and willbe authorized, rules where the State program isbroader in scope, and rules where the State program is less stringent than the federal requirements. The State will not be authorized forthe less stringent rules
orbroader in scoperules. Less stringent State rules and broader in scope rules donot supplant federal regulations. Persons should consult the table referenced above for the specific State regulations which EPA proposes to authorize.

Certain portions ofthe federal program are not delegable/authorizable to the Statesbecause oftheFederal government's special role in foreign policy matters and because ofnational

concerns that arise with certain decisions. One such matter pertains to import/export functions. EPAdoes not delegate/authorize import/export functions. Under the RCRA regulations found in 40 CFRpart 262, Standards for Generators, EPAwill continue to implement requirements for import/ exportfunctions. EPA does not delegate/authorize certain ofthe Federal Land Disposal Restriction requirements, 40 CFR Part 268, because ofthe national

concerns thatmust be examined when decisions are made under thefollowing 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; and40 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 StateProgram IsMore Stringent

States are allowed to seek authorization for State requirements that

are more stringent than federal requirements. EPAhas authority to authorize and enforce those parts ofa State's program EPAfinds tobe more stringent than the federal program. This section does not discuss each more stringentpreliminary finding made by EPA, butpersons can locate such sections by consulting theTable, referenced above, aswell as by reviewing the authorization application. Oregon has enacted several requirements under its hazardous waste management program for which EPA has made thepreliminary determination that the requirements are more stringent than the standards oftheFederal RCRA program setforth in 40 CFRparts 260- 279.

States sometimes make changes to their previously authorized programs for which theyneed 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 at40 CFR 260.2 for availability of information, is preliminarily determined to be more stringent than the federal program because State regulations require additional justification fortrade secret claims and establish atime frame of15 to 30 days for clarifying claims. OAR 340-105- 0012 was revised torequire identical trade secret claims substantiation for permits asrequired by OAR 340-100- 0003.

The State program regulation at OAR 340-101-0004(3) is preliminarily determined tobe more stringentthan the federal program at 40 CFR 261.4(g), Dredged Materials, in that the State program deletes 40 CFR 261.4(g) from itsincorporation ofthe 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 at40 CFR 261.4(g) replaced existing regulations that subjected such materials to a hazardous waste determinations, State programs were allowed the option ofchoosing to change their regulations to include the dredged materials exclusion ornot. Those that selectednot 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 tobe more stringentthan the federal program regulation at40 CFR 262.11 because generators ofhazardous waste in Oregon must keep documentation of"knowledge of process" hazardous waste determinations for atleast three years.

The State program at OAR 340-102- 0034(2) is preliminarily determined to be more stringent than thefederal regulation at 40 CFR 262.34 as an additional requirement, which does not replace or supersede the requirement to have apermit in the event a generator fails to satisfy the40 CFR 262.34 conditions. 

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The State program at OAR 340-102- 0040, replacing the requirements of40 CFR 262.40(b), ispreliminarily determined to be more stringent than the federal programbecause the State program requires small quantity generators both to report waste generated (OAR 340-102-0041) and to maintain copies ofallreports on waste generated for three years.

The State program ispreliminarily determined to be more stringent at OAR 340-104-0001(6) than the federal program with respect tofacilities 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 ispreliminarily determined to be more stringent than the federal program withrespect to the federal HWIR media rulebecause the State regulations do not allow for the

use ofRemedial Action Plans (RAPs)as found in the federal requirements at 40 CFRpart 270, subpart H. The State regulations at OAR 340-105-0003 delete from their incorporation by reference ofthe federal regulations those regulations allowing for RAPs. Oregon inadvertently incorporated 40 CFR 270.230(e)(1) byreference but does not seek authorization for the provision.

The State program ispreliminarily determined to be more stringent than the federal program withrespect to the federal Post Closure (PC)rule (63 FR 56710) because the State program specifically excluded the PC rule from its incorporation by reference ofthe federal regulations at OAR 340-100- 0002.

The State program ispreliminarily determined to be more stringent in certainplaces than the federal regulations promulgated in EPA's Military Munitions Rule (62 FR 6622). With respect to thehazardous waste management systemin 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 to40 CFR 260.10. These definitions are specific to theprocesses and activities at the Umatilla Chemical Depot and are preliminarily determined tobe 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 couldbe more stringent than the federal program for chemical agents and munitions.

Oregon's analog to40 CFR 264.1201, OAR 340-104-1201, design and operating standards for munitions storage, is preliminarily determined to be more stringent than thefederal program because OAR 340-104-1201 adds additional requirements to munitions storage, including requirements for: storage unit operations andmanagement plans; vapor containment mechanisms for nerve agent storage units; arequirement to not allow storage ofmunitions in an open area; andthe State definition of"no migration" to mean no detectable concentration ofchemical agent outside the storage unit.EPA's regulations defer the "no migration" criteria to Army management procedures which allow

some detectable migration.

The State ispreliminarily determined to be more stringentthan the federal program because the State program defines, forpurposes ofreportable 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 ofchemical agent.

The State ispreliminarily determined to be more stringentthan the federal program in its incorporation by reference ofthe federal regulations at OAR 340-105-0041(3) because the State program deleted a cross-reference tothe federal regulation at 40 CFR 270.42(h) andreplaced the cross-reference with a citation to OAR 340-105-0041(4) which for the Umatilla Chemical Depot does not allow the acceptance ofoff-site shipments ofmunitions. The federal program does not restrict acceptance of such off-site shipments at theUmatilla Chemical Depot.

EPA has made the preliminary determination that certain ofthe State program regulations for universal waste
are more stringent than the federal regulations.

The State regulations atOAR 340- 113-0040(2)(b), (2)(b)(B), (3)(a) and (b),
arepreliminarily determined tobe 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-siteuniversal waste collection sites accumulating more than 1,000 kg of universal waste andnon-pesticide universal waste to meetthe notification requirements for large quantity generators andto submit additional information with the notification. The

more stringent requirements of OAR 340-113-0040(2) and (3)are not applicable under the Stateregulation at OAR 340-113-0040(1)(b) topersons who collect, store or transport universal wastebatteries.

The State regulations at OAR 340- 113-0040(3)(a) and (b)are preliminarily determined tobe more stringentthan the federal regulations at40 CFR 273.15(a) and (b) and 273.35(a) and (b), because the State regulations require

owners and operators ofoff-site collection sites accumulating more than 1,000 kg ofuniversal waste tolimit the accumulation time toa six month period or toreceive written approval from ODEQto extend the accumulation period.

The State regulation at OAR 340-113- 0040(4) is preliminarily determined to be more stringent than thefederal 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 ofuniversal waste.

The State regulation at OAR 340-113- 0040(4)(b) is preliminarily determined tobe more stringent thanthe federal regulation at 40 CFR 273.39(a) because the State regulation requires an off-site collection site torecord 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 thefederal 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 tobe more stringent thanthe federal regulation at 40 CFR 273.81(c) in listing additional factors to be considered whenreviewing apetition to remove a universal waste fromthe universal waste rule. However, theuse of such factors cannot result in the universal waste not remaining subject to the hazardous waste regulations.

The State program is preliminarily determined tobe more stringentthan 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 andto keep rainwater from coming in contact withused oil during storage. The State program ispreliminarily determined to be more stringent than thefederal program at40 CFR 279.45(h), 279.54(g), and 279.64(g), because the State program at OAR 340-111-0050 requires 

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handlers torespond to spills and releases according to more specific State requirements ofOAR 340 Division 108 andrequires used oil handlers to take immediate action to mitigate, report and clean up threatened spills and releases ofused oil as required in OAR 340 Division 108.
Areas Where theStateProgramIs BroaderinScope

States are not allowed to seek authorization for State requirements that

arebroader in scope than the federal requirements. EPA does not have authority to authorize and enforce those parts ofa State's program which are broader in scope than the federal program. Because the State program at OAR 340-101-0004 deletedfrom its incorporation by reference ofthe federal regulations the provisions of40 CFR 261.4(b)(7)(ii), a listof20 wastes from the extraction, beneficiation and processing ofores and minerals (Bevill wastes) which under the federal program are solid wastes that are not hazardous wastes, EPAhas made the preliminary determination thatthe State program isbroader in scope than the federal program with respect to these solidwastes.

The State program incorporated by reference rules thatclassified 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 itreferenced secondary materials rather than spent materials, and40 CFR 261.24 as itapplied to manufactured gas plant waste, were subsequently revised (67 FR 11251, March 13, 2002)because ofa court vacatur ofcertain provisions ofthe regulations. Because ofthe vacatur, EPA cannot authorize the rules; thus EPAhas made the preliminary determination that the State isbroader in scope because the State program regulations at OAR 340-100-0002 incorporated the federal rules by reference as those rules existedbefore thevacatur.

The State incorporated by reference at OAR 340-224-0220 the federal regulation at 40 CFR 63.1210(b) which

was vacated onJuly 24, 2001. EPAhas made the preliminary determination that the State hazardous waste program isbroader in scope to the extent, ifat 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 ofthe federal regulations. A generator ofstate-only pesticide residues may designate such residues as "waste pesticide" and manage the residues in a manner consistent withthe universal waste management standards ofOAR Division 113, under astate water pollution control facility permit, at a SubpartC facility as allowed by OAR 340-109- 0010(4)(a) orin a SubpartD facility provided land disposalrestrictions were met. Portions ofthe State definition for universal waste, OAR 340-113-0020(4)
arepreliminarily determined tobe broader in scope than the federal regulations at 40 CFR 260.10 and 273.9 by the addition of "waste pesticides," which as defined bythe State at OAR 340-109-0001(2)(a), are those not subject toregulation as hazardous waste under the federal regulations at40 CFR Parts 260 to 270. Portions ofthe State definition of "universal waste," OAR 340-113-0020(4), are alsopreliminarily determined to be broader in scope where the definition includes "pesticide residues" that are not part ofthe 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 andpesticide residues to the applicability section ofthe universal waste rules. This addition is preliminarily determined tobe broader in scopewhere suchwaste pesticides or pesticide residues would not be part of the federal program. H. Who Handles PermitsAfter This Authorization Takes Effect? Oregon will issue permits for all the provisions for which itis authorized andwill administer the permits it issues. All permits, orportions of permits, issued byEPA Region 10 prior to final authorization ofthis revision will continue to be administered byEPA Region 10 until the issuance or reissuance aftermodification of aState RCRA permit and untilEPA takes action
onits permit or portion ofpermit. HSWA provisions for which the State is not authorized will continuein effect under the EPA-issued permit or portion ofpermit.EPA will continue toissue permits, or portions ofpermits, for HSWA requirements for which the State program in Oregon isnot 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 thatis, or becomes afterthe date ofthis authorization, "Indian Country," as definedin 18 U.S.C. 1151. This includes: (1)Alllands within the exterior boundaries ofIndian reservations within or abutting the State ofOregon; (2) any land held in trustby the U.S. for an Indian tribe; and (3)any other land, whether on or offanIndian reservation that qualifies as Indian country. Therefore, this action hasno effect on Indian country. EPAretains 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 ofManagement and Budget has exempted this action from the requirements ofExecutive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action isnot subject to review by OMB. This action authorizes State requirements forthe purpose of RCRA3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this actionwill not have a significant economic impact on a substantial number of small entities underthe Regulatory Flexibility Act (5U.S.C. 601 etseq.).Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable dutybeyond thatrequired 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). Forthe same reason, this action also does not have Tribal implications within the meaning ofExecutive 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 ofpower and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175.

This actionwill not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specifiedin Executive Order 13132 (64 FR 43255, August 10, 1999), because itmerely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution ofpower and responsibilities established by RCRA. This action also isnot subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because itis not 

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economically significant andit does not make decisions based onenvironmental health or safety risks. This action isnot subject toExecutive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply Distribution or Use" (66 FR 28344, May 22, 2001)because itis 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 thecriteria required byRCRA. It would thusbe inconsistent with applicable law for EPA, when itreviews a State authorization application, to require the

use ofany particular voluntary

consensus standard inplace ofanother standard that otherwise satisfies the requirements ofRCRA. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272) do not apply. As required by section 3ofExecutive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPAhas taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, andprovide a clear legal standard for affected conduct. EPAhas complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examiningthe takings implications ofthe rule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation ofRisk and Avoidance of Unanticipated Takings" issued under the executive order. This proposed rule does not impose aninformation collection burden under the provisions ofthe Paperwork ReductionAct of 1995 (44U.S.C. 3501 etseq.).
List ofSubjects in40 CFR Part271

Environmental protection, Administrative practice and procedure, Confidentialbusiness information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

Authority: Thisaction isissued under the authority ofsections 2002(a), 3006 and 7004(b) ofthe SolidWaste DisposalAct as amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated:June 3,2002. L.Johnlani, Regional Administrator,Region 10. [FR Doc. 02-14760 Filed 6-14-02; 8:45 am]

BILLING CODE 6560-50-P 

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