### Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

copy ofthe rule, to each House ofthe Congress and tothe Comptroller General oftheUnited States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United Statesprior to publication ofthis final rule in the Federal Register. This final rule is not a "major rule" as definedby 5U.S.C. 804(2).

List of Subjects in40 CFRPart180

Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides andpests, Reporting and recordkeeping requirements.

Dated: March 26, 2002. James Jones, ActingDirector,Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows:

PART 180-[AMENDED]

1.The authority citation for part 180 continues to read asfollows:

Authority: 21 U.S.C. 321(q), 346(a) and 371.

2. Section 180.1199 isrevised toread

asfollows:
§180.1199 Lysophosphatidylethanolamine (LPE); exemption fromthe requirement of a tolerance.

An exemption from the requirement ofa tolerance is established forresidues ofthebiochemical pesticide lysophosphatidylethanolamine in or on allfood commodities.
[FRDoc. 02-8829 Filed 4-10-02; 8:45 am]

BILLING CODE 6560-50-S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271 [FRL-7168-8]
Washington: Final Authorizationof State Hazardous Waste Management Program Revision
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: Washington applied to the United StatesEnvironmental Protection Agency (EPA)for final authorization of changes toits hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has reached a final determination thatthese changes tothe Washington hazardous waste program satisfy allrequirements needed to qualify for final authorization. Thus, with respect to these revisions, EPA isgranting final authorization to the State to operate its program subject
to thelimitations on its authority retained byEPA in accordance with RCRA, including the Hazardous and SolidWaste Amendments of1984. EFFECTIVE DATE: Final authorization for the revisions toWashington's hazardous
waste management program shall be effective at 1p.m. onApril 11, 2002. FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, Office ofWaste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM-122, Seattle,Washington 98101, phone (206) 553-6502. 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 equivalent to and consistent with the Federal program. States are required
to have enforcement authority which is adequate to enforce compliance with the requirements ofthe 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 EPAto authorize the changes. Changes to State programs maybe necessary when Federal or State statutory or regulatory authority ismodified or when certain other changes occur. Most commonly, States must change their programs because ofchanges to EPA's regulations in Title 40 ofthe Code ofFederal Regulations (CFR)parts 124, 260 through 266, 268, 270, 273 and 279.

Washington initially received final authorization onJanuary 30, 1986, effective January 31, 1986 (51 FR 3782),
to implement the State's dangerous
waste management program. EPA also granted authorization for changes to Washington's program on September 22, 1987, effective on November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16, 1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR 55322); February 29, 1996, effective April 29, 1996 (61 FR 7736); September 22, 1998, effective October 22, 1998 (63 FR 50531); and on October 12, 1999, effective January 11, 2000 (64 FR 55142). OnAugust 2, 2001, Washington submitted afinal program revision application to EPA in accordance with 40 CFR 271.21 seeking authorization of changes to the State program. On January 15, 2002, EPApublished its preliminary decision announcing its intentto grant Washington final authorization for revisions to its federally authorized hazardous waste program. Furtherbackground onthe tentative determination to grant authorization appears at 67 FR 1931- 1937 (January 15, 2002).

B.What Were the Comments and Responses to EPA'sProposal?

Along with the tentative determination in EPA'sproposal, EPA also announced the availability ofthe authorization revision application for public comment. The public comment period ended on February 14, 2002. EPA received one written comment during the public comment period. The significantissues raised by the
commenter are summarized and responded to below.

The commenter asserts thatthe Washington Commercial Fertilizer Act, Chapter 15.54 RCW, acts to circumvent and knowingly violate the Washington Dangerous Waste Regulations, WAC 173-303. EPAreviewed the Washington Commercial Fertilizer Act, also known

as the fertilizer registration act,to determine thevalidity ofthe commenter's assertion. Although implemented bythe Washington Department ofAgriculture, the legislative intent ofthe fertilizer registration act, as stated in RCW 15.54.265, is to ensure that all fertilizers in Washington meet standards for allowable metals, thatfertilizer purchasers and users know about the
contents offertilizer products in Washington, that the oversight authority ofthe Washington Department of Ecology (Ecology) over waste-derived fertilizers be clarified, and thatbetter information be provided to the Washington public onfertilizers, soils, and potential health effects. EPAfound nothing in the fertilizerregistration act, per se, to circumvent or knowingly violate the Washington Dangerous Waste regulations.

The fertilizer registration act, atRCW 15.54.270(34), defines waste-derived fertilizers as commercial fertilizers derived in whole orin part from solid waste as defined in chapter 70.95 or 70.105 RCW, or rules adopted thereunder, excluding biosolids regulated under chapter 70.95J RCW or wastewaters regulatedunder chapter 90.48 RCW.Before the Washington Department ofAgriculture can register a waste-derived fertilizer or micronutrient fertilizer, it must obtain written approval from Ecology asprovided by RCW 15.54.820. For waste-derived fertilizers, Ecology must evaluate 

### 17636

HeinOnline -- 67 Fed. Reg. 17636 2002Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

whether the use ofa proposed wastederived fertilizer or micronutrient fertilizer in Washington is consistent with the state solid waste management act,chapter 70.95 RCW, thehazardous
waste management act, chapter 70.105 RCW, andRCRA. In performing this evaluation, Ecology must apply the standards adopted bythe Washington Department ofAgriculture at RCW 15.54.800, which arebased on specific standards for metals adapted from Canadian standards. Ifmore stringent standards apply under chapter 173-303 WAC for the same constituents, Ecology is required to use the more stringent standards from thehazardous waste regulations. RCW 15.54.820. This
assessment for purposes offertilizer registration in the State ofWashington does not preempt the independently applicable regulations for hazardous
waste management in the State.

The commenter asserts thatthe fertilizer registration act defies the RCRA mandate toban open dumping of solidwastes on the land.EPA regulations specifically consider the application ofwaste-derived products

onthe land and such placement is not prohibited. Rather than prohibiting its
use, awaste-derived fertilizer, also known asa waste-derived product, is required to meet the same treatment standards as ifthe product was tobe disposed in a landfill. EPA's regulations
at40 CFR part 266, subpart C, place controls onthe management of hazardous wastes before suchwastes are made into afertilizer. This use of hazardous waste is a type ofrecycling which in EPA's regulations is referred to

as "use constituting disposal." A fertilizer produced from hazardous
waste is an example ofa use constituting disposal. Consistent with section 1003 ofRCRA, EPA encourages materials recovery and properly conducted recycling and reuse as an integral component ofthe RCRA cradleto-grave waste management system. Rather than prohibiting the use of waste-derived fertilizers, EPA promulgated regulations torequire that hazardous wastes that are going tobe made into fertilizers be managed in accordance with all applicable hazardous waste management requirements until the wastes are made into afertilizer. Washington adopted these "use constituting disposal" rules, 40 CFR 266.20, 266.21 and 266.22, as WAC 173-303-505(1)(a) and (b). The hazardous waste program in Washington is authorized for these rules. Under the federal RCRA and state authorized rules, a generator ofa hazardous waste that isgoing tobe made into afertilizer is required to comply withthe RCRA generator requirements, including manifesting offsite shipments ofthe wastes. The

owners and operators offacilities that
store recyclable materials thatare tobe used in amanner that constitutes disposal, but who are not themselves the ultimate users ofthe materials, are regulated under all applicable provisions of40 CFR parts 264 and 265, 268 and parts 270 and 124 and all corresponding federally authorized state analogs. A RCRApermit is generally required for storage ofthese wastes by fertilizer manufacturers.

Because the use ofwaste-derived products onthe land isalso atype of land disposal, EPArequires that all waste-derived products (except for K061 derived fertilizers 1)meetthe applicable LDR treatment standards prior to the land disposal ofsuch wastes. This includes meeting the "Phase IV" (May 26, 1998, 63 FR 28556) treatment standards. Under EPA's regulations, manufacturers ofwaste derived fertilizers must provide notice and certify compliance withLDR standards, 40 CFR 268.7, andnotify the authorized agency (EPAor the authorized state agencyimplementing the authorized hazardous waste program) ofeach shipment ofproduct made from recycled hazardous waste. 40 CFR 268.7(b)(6).

The commenter asserts thatthe Washington authorized hazardous waste program is not implementing the requirements ofthe RCRA regulations at 40 CFR part 266, subpart C because Washington is not implementing the Phase IVLDRregulations. Washington's authorized hazardous waste program does not currently include the Phase IV LDR standards. Today's finalrule will authorize the Phase IVLDR standards adopted by Washington in chapter 173- 303 WAC. As amatter ofstate law, Washington has been implementing its State Phase IV LDR standards since the effective date ofthe State law. The Phase IV standards which EPA promulgated asHSWA regulations are implemented directly by EPAin States with authorized hazardous waste programs, such as Washington, until the State regulations are authorized byEPA. For purposes offederal RCRA, the LDR standards thatmust be complied with include the Phase IV standards and include LDR treatment standards for all

'EPA hasproposed to remove the regulatory provision which currently exempts fertilizer made from K061 from having to meet applicable LDR standards in EPA's proposed rule "Requirements for Zinc Fertilizers Made from Recycled Hazardous Secondary Materials," dated November 28, 2000. 65 FR 70958. constituents subject to treatment before disposal on the land.

The commenter asserts thatEcology is reviewing the use ofwaste-derived fertilizers against the Phase IIILDR standards rather than the Phase IV standards. However, as was discussed earlier, in assessing waste-derived fertilizers for purposes offertilizer registration in the State ofWashington, Ecology isrequired to use the more stringent standards that applyunder chapter 173-303 WAC for the constituents addressed by the standards adoptedby the Washington Department ofAgriculture in RCW 15.54.800. For purposes ofhazardous waste management, the fertilizerregistration
act does notpreempt the applicability of the LDR standards, including the more stringent Phase IV LDR standards.

The commenter asserts thatthe fertilizer registration act limits Washington's review ofwaste-derived fertilizers to nine metals, enhances the probability ofdilution ofhazardous
wasteby registering the fertilizer as a wholeproduct rather thanlooking at each recyclable material, andfails to test total chromium or address total metals. The fertilizer registration actrequires thatthe Washington Department of Agriculture obtain written approval fromEcology before the Department of Agriculture can register awaste-derived fertilizer or micronutrient fertilizer in Washington. (RCW 15.54.800). Ecology

assesses whether or not to provide written approval for registration to the Department ofAgriculture based on the screening criteria in the fertilizer registration act andbased on applicable hazardous waste regulations. The Washington legislature clearly intended thatthe regulation ofwaste-derived fertilizerbe underthe domain of Ecology rather thanthe Department of Agriculture. Notwithstanding the ninemetal screening criteria found in the fertilizer registration act, the LDR regulations in the Washington Dangerous Waste regulations are applicable independently ofthe fertilizer registration act. Under current EPAregulations, manufacturers of fertilizers made fromrecycled hazardous wastes are required to comply with applicable LDR treatment standards for the hazardous wastes which they contain before the fertilizer maybe used (40CFR 268.40) and a notice ofeach shipment ofeach fertilizer product mustbe submitted to the authorized agency (EPAbefore the State is authorized and the authorized State afterwards) (40CFR 268.7(b)(6)). Thesetreatment standards must be met for characteristic hazardous wastes even ifthe product does not exhibit a 

### 17637

HeinOnline -- 67 Fed. Reg. 17637 2002

### Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

hazardous waste characteristic. The LDR standards set limits for certain metals in hazardous wastes before the waste or waste product canbe applied to the land.

C. WhatDecisions HaveWe Made in This Rule?

EPA hasmade a final determination that Washington's application for authorization ofthe revisions to the Washington authorized program meets all ofthe statutory and regulatory requirements established by RCRA. Therefore, with respect to the revisions,

we are granting Washington final authorization to operate itshazardous waste program as described in the revision authorization application. Washington's authorized program will be responsible for carrying out the aspects ofthe RCRAprogram described in its revised program application, subject to the limitations ofRCRA, including the Hazardous and Solid Waste Amendments of 1984 (HSWA). Regulatory revisions which are less stringent than Federal program requirements and those regulatory revisions which arebroader in scope than Federal program requirements are not part ofthis final authorization decision.Washington's authorized
program does not extend to Indian country, except thatWashington does havejurisdiction over non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation as defined in the SettlementAgreement between the Puyallup Tribe, Federal, State and local governments dated August 27, 1988. Within the 1873 Survey Area ofthe Puyallup Reservation, EPAretains jurisdiction and authority to implement RCRA over Indian country and over trust lands, Indians and Indian activities.

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 andprohibitions in Washington, including issuing permits, until the State is granted authorization to do so.
D. WhatWill Be the Effect ofToday's Action?

A facility in Washington subject to RCRA must comply with the authorized State program requirements andwith any applicable Federally-issued requirements, such as, for example, the federal HSWA provisions for which the State is not authorized, andRCRA requirements that are not supplanted by authorized State-issued requirements, in order to comply with RCRA. Washington has enforcement responsibilities under its State hazardous waste program for violations ofits currently authorized program and will have enforcement responsibilities for the revisions which are the subject ofthis finalrule. EPAcontinues 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 RCRArequirements, including State program requirements that are 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.

This final action approving these revisionswill not impose additional requirements onthe regulated community because the regulations for which Washington's program arebeing authorized are already effective under State law.

E. WhatRules Are We Authorizing With Today'sAction?

EPA is granting final authorization for the revisions to Washington's federally authorized program described in Washington's final complete program revision application, submitted to EPA

on August 2, 2001, and deemed complete by EPA on September 19, 2001. We havemade afinal determination thatWashington's hazardous waste program revisions, as described in this rule, satisfy the requirements necessary for final authorization. Regulatory revisions which are less stringent than Federal program requirements andthose regulatory revisions which arebroader in scope thanFederal program requirements are not authorized.

The following table (Table 1) identifies equivalent and more stringent analogues to the Federal regulations for those regulatory revisions Washington requested authorization for.All ofthe referenced analogous state authorities

were legally adopted and effective as of June 10, 2000.

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

Checklist4 Federal requirements Federal Register Analogous state authority (WAC 173-303- * *

17P 2

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

1 44

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

1482.......... Interim Status

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

Removal of Legally Obsolete

Rules. RCRA Expanded Public Participation. 50 FR 28702, 7/15/85

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

60 FR 33912, 06/29/95

..........

60 FR 63417, 12/11/95

.......... 803(1), 803(2); 806(2)(a) 806(2)(b); 806(8); 803(2)(a), 803(2)(b); 810(11)(c), 810(11)(e); 805(1)(b), 805(1)(c), 805(8)(f)(i), 805(8)(f)(ii), 805(8)(g), 805(8)(h), 805(8)(i), 805(8)(j). 803(2)(b), 803(4)(b), 803(5)(a)(i), 803(5)(a)(i)(A),

803(5)(a)(i)(B), 803(5)(a)(i)(C). 281(4) and 281(4)(a), 281(4)(b), 281(4)(c), 281(4)(d),

281 (4)(d)(i), 281 (4)(d)(i)(A), 281 (4)(d)(i)(B), 281 (4)(d)(i)(C), 281 (4)(d)(i)(D), 281(4)(d)(ii), 281 (4)(d)(ii)(A), 281(4)(d)(ii)(B), 281(4)(d)(ii)(C), 281(4)(d)(ii)(D), 281(4)(d)(ii)(E); 281(5), 281(5)(a), 281(5)(b), 281(5)(b)(i), 281 (5)(b)(ii), 281(5)(b)(ii)(A), 281 (5)(b)(ii)(B), 281 (5)(b)(ii)(C), 281 (5)(b)(ii)(D), 281 (5)(b)(ii)(E), 281(5)(b)(ii)(F), 281(5)(b)(iii), 281(6) and 281(6)(a), 281(6)(b), 281(6)(c), 281(6)(d), 281(6)(e), 281(6)(f); 040; 806(4)(a)(xxv); 810(16); 804(6)(a); 807(6), 807(6)(a), 807(6)(b), 807(6)(b)(i), 807(6)(b)(ii), 807(6)(b)(iii), 807(6)(b)(iv), 807(7), 807(8)-(11), 807(14). 

### 17638

HeinOnline -- 67 Fed. Reg. 17638 2002

### Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

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

### -Continued

Checklist 4 Federal requirements Federal Register Analogous state authority (WAC 173-303- * * *)

1 51

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

1 53

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

1542

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

1562

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

1 57

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

1 58

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

1 62

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

1 63

................... Land Disposal Restrictions

Phase III-Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners.

Conditionally Exempt Small

Quantity Generator Disposal Options Under Subtitle D. Consolidated Organic Air

Emission Standards for Tanks, Surface Impoundments, and Containers: (Includes CC and the 300 hour BB exemption).

Military Munitions Rule Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties.

Land Disposal Restrictions

Phase IV-Treatment Standards for Wood Preserving Wastes, Paperwork Reduction and Streamlining, Exemptions From RCRA for Certain Processed Materials; and Miscellaneous Hazardous Waste Provisions. Testing Monitoring Activities

Amendment Ill.

Clarification of Standards for

Hazardous Waste LDR Treatment Variances. Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers; Clarification and Technical Amendment: (AA, BB, CC). Kraft Mill Steam Stripper Condensate Exclusion. 61 FR 15566, 04/08/96; 61 FR 15660, 04/08/96; 61 FR 19117, 04/30/96; 61 FR 33680, 06/28/96; 61 FR 36421, 07/10/96; 61 FR 43924, 08/26/96; 62 FR 7502, 02/19/97. 61 FR 34252, 07/01/96

..........

59 FR 62896, 12/06/94; 60

FR26828, 05/19/95; 60 FR 50426; 09/29/95; 60 FR 56952; 11/13/95; 61 FR 4903, 02/09/96; 61 FR 28508; 06/05/96; 61 FR 59932; 11/25/96.

62 FR 6622, 02/12/97

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

62 FR 25998, 05/12/97

..........

62 FR 32452, 06/13/97

..........

62 FR 64504, 12/05/97

..........

62 FR 64636, 12/08/97

.......... 140 (2)(a).

070(8)(b), 070(8)(b)(iii), 070(8)(b)(iii)(A), 070(8)(b)(iii)(B),

070(8)(b)(iii)(E), 070(8)(b)(iii)(F), 070(8)(b)(iii)(D), 070(8)(b)(iii)(H).

692(3); 110(3)(g)(ix), 110(3)(g)(x); 120(4)(d), 120(4)(e);

200(1)(b)(i), 200(1)(b)(ii); 201(e); 300(5)(f), 300(5)(i), 300(5)(i)(A), 300(5)(i)(B); 320(2)(c); 380(1)(c), 380(1)(f), 390(3)(d); 630(11); 640(11); 650(12); 680(2); 690(1)(b), 690(1)(b)(i), 690(1)(b)(ii), 690(1)(b)(iii), 690(1)(c), 690(2); 691 (1)(b), 691(1)(b)(i), 691 (1)(b)(ii), 691(1)(b)(iii), 691(1)(f), 691/note at end of (1), 691(2); 692(1)(a), 692(1 )(b), 692(1)(b)(i), 692(1 )(b)(ii), 692(1 )(b)(iii), 692(1)(b)(iv), 692(1)(b)(v), 692(1)(b)(vi), 692(1)(b)(vii), 692(1 )(b)(viii), 692(1 )(c), 692(1 )(d), 692(1 )(d)(i), 692(1)(d)(ii), 692(1)(d)(iii); 692(2); 400(2)(a); 300(5)(f), 300(5)(i), 300(5)(i)A), 300(5)(i)(B); 320(2)(c); 380(1)(c), 380(1)(f); 390(3)(d); 400(3)(a); 810(8)(a)(ii), 810(8)(a)(iii), 810(8)(a)(iv); 806(4)(a)(v), 806(4)(b)(vi), 806(4)(c)(xiii), 806(4)(d)(xi), 806(4)(m). 040; 016(3)(b)(iii), 016(3)(b)(iv); 170(5); 180(6); 240(10);

600(3)(p), 600(3)(p)(i)(D), 600(3)(p)(iv), 600(3)(q); 693(l), 693(2)(a), 693(2)(a)(i), 693(2)(a)(ii), 693(2)(a)(iii), 693(2)(a)(iv), 693(2)(a)(v), 693(2)(b), 693(2)(b)(i), 693(2)(b)(i)(A), 693(2)(b)(i)(B), 693(2)(b)(i)(B)(l)-(lll), 693(2)(b)(i)(C), 693(2)(b)(ii), 693(2)(b)(iii), 693(2)(c), 693(2)(d), 693(2)(e), 693(2)(f); 693(3)(a), 693(3)(b); 400(2)(c)(xiii)(A)(IV), 400(2)(c)(xiii)(D), 400(2)(c))(xii), 400(3)(b); 400(3)(c)(xii); 578(1)(a), 578(1)(b), 578(2)(a), 578(2)(a)(i), 578(2)(a)(i)(A), 578(2)(a)(i)(B), 578(2)(a)(i)(C), 578(2)(a)(ii), 578(2)(b), 578(2)(b)(i), 578(2)(b)(ii), 578(2)(b)(iii), 578(2)(b)(iv), 578(2)(c), 578(2)(c)(i), 578(2)(c)(ii), 578(2)(d), 578(3), 578(4)(a), 578(4)(a)(i), 578(4)(a)(i)(A), 578(4)(a)(i)(B), 578(4)(a)(i)(C), 578(4)(a)(i)(D), 578(4)(a)(i)(E), 578(4)(a)(i)(F), 578(4)(a)(i)(G), 578(4)(a)(ii), 578(4)(a)(iii), 578(4)(b), 578(4)(c); 578(5); 800(7)(c)(i)(D), 800(7)(c)(i)(E); 830(4)(h), 830(4)(h)(i), 830(4)(h)(ii), 830(4)(h)(iii), 830(4)(i). 040; 016(2)(1), 016(2)(m), 016(2)(n), 016(2)(o); 016(5) Table

1; 071(3)(ff), 071(3)(gg), 071(3)(gg)(i), 071(3)(gg)(ii); 120(2)(a)(iv); 140(2)(a).

110(l); 110(3)(h)(v), 110(3)(h)(vi), 110(3)(g)(i), 110(3)(g)(ii),

110(3)(g)(iii), 110(3)(g)(iv), 110(3)(g)(v), 110(3)(g)(vi), 110(3)(g)(viii), 110(3)(h)(i), 110(3)(a), 110(3)(h)(ii), 110(3)(h)(iii), 110(3)(h)(vii), 110(3)(g)(x); 690(2); 691(2); 645(4)(a); 400(3)(a). 140 (2)(a).

320(2)(c); 380(1)(f); 690(1)(b)(iii), 690(1)(c), 690(1)(d);

690(2); 691(1)(b)(iii), 691 (1)(c), 691(1)(f), 691(2); 692(1)(b)(i), 692(1)(c), 692(2); 320(2)(c); 400(3)(a); 806(4)(a)(v). 

### 17639

164

................... 62 FR 18504, 04/15/98

.......... 071 (3)(mm).

HeinOnline -- 67 Fed. Reg. 17639 2002

### Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

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

### -Continued

Checklist 4 Federal requirements Federal Register Analogous state authority (WAC 173-303- * * *)

167A

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

167B

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

167C

................
167F

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

1692

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

1 70

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

1 71

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

1 72

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

1 73

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

174 3

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

1752

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

1 76

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

1 77

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

1 78

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

1792

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

1 80

................... Land Disposal Restriction

Phase IV -Treatment Standards for Metal Wastes and Mineral Processing Wastes. Land Disposal Restriction

Phase IV -Hazardous Soils Treatment Standards and Exclusions. Land Disposal Restrictions

Phase IV-Corrections. Exclusion of Recycled Wood

Preserving Wastewater. Petroleum Refining Process

Wastes.

Land Disposal Restrictions

Phase IV-Zinc Micro nutrient Fertilizers, Amendment. Emergency Revision of the

Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Wastes from carbamate Production. Land Disposal Restriction

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

Treatment Standardsfor Spent Potliners from Primary Aluminum Reduction Rule (K088); Final Rule. Post Closure Permit Requirement and Closure Process: Requirements for alternative groundwater monitoring requirements for regulated units colocated with SWMU's where both types of units have released to the environment.. HWIR-M edia

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

Universal Waste Rule-Technical Amendments. Organic Air Emission Standards Clarification and Technical Amendments: (AA, BB, CC). Petroleum Refining Process

Wastes-Leachate Exemption. Land Disposal Phase IVTechnical Corrections and Clarifications to Treatment Standards. Test Procedures for Analysis

of Oil and Grease and Non-Polar Material. 63 FR 28556, 05/26/98

..........

63 FR 28556, 05/28/98

..........

63 FR 28556, 05/26/98

..........

63 FR 28556, 05/26/98

..........

63 FR 42110, 08/06/98

..........

63 FR 46332, 08/31/98

..........

63 FR 47410, 09/04/98

..........

63 FR 48124, 09/09/98

..........

63 FR 51254, 09/24/98

..........

63 FR 56710, 10/22/98

..........

63 FR 65874, 11/30/98

..........

63 FR 71225, 12/24/98

..........

64 FR 3382, 01/21/99

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

64 FR 6806, 02/11/99

............ 140(2)(a).

140(2)(a).

140(2)(a).

071 (3)(w)(iii), 071 (3)(w)(iii)(A), 071(3)(w)(iii)(B),

071 (3)(w)(iii)(C), 071 (3)(w)(iii)(D), 071(3)(w)(iii)(E). 071 (3)(p), 071(3)(jj); 071 (3)(cc)(i), 071 (3)(cc)(ii), 071 (3)(hh),

071(3)(hh)(i), 071(3)(hh)(ii), 071(3)(ii); 016(5)(d)(ii); 120 (2)(a)(viii)(c); 9904; 082(4); 140(2)(a). 140(2)(a).

140(2)(a).

140(2)(a).

140(2)(a).

645(1)(e), 645(1)(e)(i), 645(1)(e)(ii); 610(1)(d), 610(1)(d)(i),

610(1)(d)(ii); 610(3)(a)(ix), 610(3)(b)(ii)(D); 610(8)(b)(iv), 610(8)(d)(ii)(D); 620(1)(d), 620(1 )(d)(i), 620(1)(d)(ii); 400(3)(a).

040; 071(3)(11) first line, 071(3)(11)(i) through (iii); 280(5);

280(6), 280(6)(a), 280(6)(b), 280(6)(c), 280(6)(d), 280(6)(e), 280(6)(f), 280(6)(g), 280(6)(h), 280(6)(i), 280(6)(j), 280(6)(k); 646(1)(c); 646(4)(a), 646(7)(a), 646(8); 400(2)(a); 140(2)(a); 810(13)(a); 830 Appendix 1, D.3.g.; 830, Appendix 1, N.3. 520(1), 520(2), 520(2)(a), 520(2)(b), 520(2)(c); 040.

200(1)(b)(i), 200(1)(b)(ii); 690(2); 692(1)(v), 692(2); 400(3),

400(3)(a).

071 (3)(kk), 071 (3)(kk)(i), 071 (3)(kk)(ii), 071 (3)(kk)(iii),

071 (3)(kk)(vi), 071 (3)(kk)(v).

64 FR 25408, 05/11/99

.......... 016(5)(c); 016 Table 1; 017(2)(a)(iii); 201(2); 140(2)(a).

64 FR 26315, 05/14/99

.......... 110(3)(a), 110(3)(h)(iv). 

### 17640

HeinOnline -- 67 Fed. Reg. 17640 2002

### Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

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

### -Continued

Checklist 4 Federal requirements Federal Register Analogous state authority (WAC 173-303- * * *)

181 2

................. Universal Waste Rule Specific 64 FR 36466, 07/09/99

.......... 040; 077(2), 077(3); 600(3)(o)(ii), 600(3)(o)(iii); Provisions for Hazardous 400(2)(c)(xi)(B), 400(2)(c)(xi)(C); 140(2)(a); Waste Lamps. 800(7)(c)(iii)(B), 800(7)(c)(iii)(C); 573(1 )(a)(ii), 573(1 )(a)(iii), 573(2)(a)(i), 573(2)(b)(ii), 573(2)(b)(iii), 573(3)(a); 573(5)(a), 573(5)(b), 573(5)(b)(i), 573(5)(b)(ii), 573(5)(c), 573(5)(c)(i), 573(5)(c)(ii), 573(4)(a), 573(4)(a)(i), 573(4)(a)(ii), 573(4)(b), 573(6), 573(9)(c), 573(9)(c)(i), 573(9)(c)(ii), 573(9)(c)(iii), 573(10)(c), 573(17), 573(19)(b)(iv), 573(19)(b)(v), 573(20)(c), 573(20)(c)(i), 573(20)(c)(ii), 573(20)(c)(iii), 573(21)c), 573(28), 573(35)(a), 573(40)(a). 112, 122, 130, Recycled Used Oil Manage- 57 FR 41566, 09/10/92; 58 040; 515(4); 071(3)(z), 071(3)(kk); 120(3); 120(3)(g),

166 (Special ment Standards as of June FR26420, 05/03/93; 58 FR 120(3)(f); 120(2)(v), 120(2)(a)(viii)(A), 120(2)(a)(viii)(B), Consolidated 30,1999. 33341, 06/17/93; 59 FR 120(2)(a)(viii)(C), 120(5); 600(5); 510(1)(b)(i); 515(2), Checklist2). 10550, 03/04/94; 63 FR 515(3), 515(4), 515(5), 515(6), 515(6)(c), 515(7), 515(8), 24963, 05/06/98; 63 FR 515(9), 515(9)(a), 515(9)(b), 515(10), 515(11), 515(12). 37780, 07/14/98.

1For further discussion on where the revised state rules differ from the Federal rules refer to section G. below, the authorization revision application, andthe administrative record for this decision.

2State rule contains some more stringent provisions. For identification of more stringent state provisions refer to the authorization revision application and the administrative record forthis decision.

3State does not seek authorization for enforceable documents in lieu of post-closure permits. 4Checklist generally reflect 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/rcra.)

F.Where Arethe Revised State Rules Different Fromthe Federal Rules?

This section discusses some ofthe differences between the revisions Washington requested authorization for andthose which are part ofthis final authorization decision. Not all program differences are discussed in this section because Washington writes its own version ofthe federal hazardous waste rules. This section discusses certain rules where EPA hasmade the finding that the State program is more stringent andwill be authorized; itdiscusses rules where the State program isbroader in scope andcan not be authorized; and rules where the State program isless stringent than the federal requirements andwill not be authorized. The State program will not be authorized for the less stringent or broader in scope rules. Less stringent State rules do not supplantfederal regulations. Persons
must consult the Table 1for the specific State regulations whichEPA is authorizing in today's final rule.

Certain portions ofthe federal
program are not delegable to the states because ofthe Federal government's special role in foreign policy matters andbecause ofnational concerns that arise with certain decisions. EPAdoes
not delegate import/export functions. Under theRCRA regulations found in 40 CFR part 262 EPAwill continue to implement requirements for import/ exportfunctions. EPA does not delegate sections of40 CFR part 268because of the national concerns thatmust be examined when decisions are made under the following Federal Land Disposal Restriction requirements: 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. Washington's
program has excluded these requirements from its state regulations andEPA will continue toimplement these requirements under EPA's HSWA authority. The State requested authorization for 40 CFR 268.44(h) through (m), which are provisions for which states may receive authorization and arepart ofthis authorization decision.

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 EPA finds to be more stringent than the federal program. This section does not discuss each more stringent finding made byEPA, but persons can locate such sections by consulting Table 1, referenced above, as well as byreviewing the docket for this rule. The Stateprogram is authorized for each more stringentrequirement as a part ofthis rulemaking.

The State program does not provide generators with an exemption from the manifest requirements asfound in the federal regulations at 40 CFR 262.20(f)

ortransporters asfound at40 CFR 263.10(f). Generators and transporters in Washington will have to comply with the more stringent state paperwork requirements. The State program is

more stringent than thefederal program because the State regulations donot allow Remedial Action Plans as found in the federal requirements at 40 CFR part 270, subpart H. The State's program ismore stringentthan the federal program at40 CFR 261.5(j) because the State has not adopted this provision. Conditionally exempt small quantity generator hazardous wastemixed with used oil is subject tofull regulation as

a hazardous waste mixture. The State program is also more stringent thanthe federal requirements at 40 CFR 273.9 because the State's definition of universal waste does not allow pesticides tobe managed asuniversal
waste.

The State program is more stringent in certain places than the federal military munitionsrule. The State did not adopt the alternative requirements for transportation ofwaste military munitionsbetween military installations as is foundin the federal program at40 CFR 266.203(a)-(c) and is therefore more stringent thanthe federal
program. With respect to chemical agents and chemical munitions slated for destruction pursuant to international treaties or agreements, the State identifies such chemical agents and chemical munitions as characteristic and/or listedhazardous waste. In the Military Munitions Rule, at 62 FR 6633, EPA said that states couldbe more stringent than the federal program for 

### 17641

HeinOnline -- 67 Fed. Reg. 17641 2002

### Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

chemical munitions. EPAfinds the State program tobe more stringent than the federal program in this area because the State rules do not contain a provision that differentiates between wastes that
must be designated and waste chemical munitions or chemical munitions that

are not considered wastes because they

are scheduled for destruction pursuant to treaty or agreement. The State's regulations at WAC 173-303-693(3)(a)

are found tobe more stringent than the federal regulation at 40 CFR 264.1202(a) andWAC 173-303-400(3)(b), (c)(xii) is found to be more stringent than the federal regulation at 40 CFR 265.1202(a). EPA also said, at 62 FR 6649 in the Military Munitions Rule, that states did not have toinclude a conditional exemption for waste munitions storage in their programs. EPA also finds that the State's lackofa conditional exemption for waste munition storage, which is found in the federal regulations at 40 CFR 266.205(d), (d)(2), ismore stringent than the federal program. Neither thefederal regulations, nor the State program conditionally exempt chemical munitions and chemical agents from storage requirements.

The State did not seek authorization for the Standards for the Management of Waste Fuel and Used Oil for the Burning ofthese Materials in Boilers andIndustrial Furnaces, 40 CFR 266.102 through 40 CFR 266.111. The State did not adopt these federal provisions as state law. EPAis implementing these BIF requirements in Washington State under EPA's HSWA authority. States are not allowed to seek authorization for state requirements that

arebroader in scope than federal requirements. EPA does not have authority to authorize and enforce those parts ofa state's program EPAfinds to be broader in scope than the federal program. Because the State has not adopted an analog to 40 CFR 261.4(b)(7)-exclusions for solidwaste from the extraction, beneficiation, and processing ofores and minerals, the State's lack ofan analog for thefederal exclusion ofmixtures ofsolid waste and hazardous waste which are hazardous based solelyon a hazardous characteristic imparted to thewaste as

aresult ofa Bevill characteristic, 40 CFR 261.3(a)(2)(iii), is broader in scope than the federal program. EPA also finds the State's regulation atWAC 173-303- 578(2)(e) to be broader in scope than the federal regulation at 40 CFR 266.202(a) because the State added a requirement for when munitions at closed and transferred ranges are considered solid
wastes. EPA's finalMilitary Munitions Rule did not include this requirement. This requirement in the State program is found to be broader in scope than the federal program.

Although State programs can be authorized wherethey are more stringent than the federal program, state programs cannot be authorized where they are less stringent. EPA finds the State's additional regulation atWAC 173-303-515(6) for generators ofused oil who self-transport greater than 55 gallons per vehicle trip to a used oil collection center, without also designating as aused oil transporter, are less stringent than the federal provisions which limitgenerator self-transport of used oiltoless than or equal to 55 gallons ofused oil per vehicle trip. EPA alsofinds the State's additional regulation at WAC 171-303-515(7) for used oil collection centers tobe less stringent because the regulation allows used oil collection centers to accept greater than 55 gallons ofused oil from

agenerator who self-transports used oil
to a used oil collection center. The direct impact ofEPA's finding to generators andused oil collection
centers in Washington is thatgenerators andused oil collection centers will not be exempted from the State's federally authorized requirements which limit self-transport bygenerators to less than

or equalto 55 gallons and used oil collection from a self-transporting generator to less than or equal to 55 gallons. States sometimes make changes to their previously authorized programs for which theyneed to seek reauthorization. In Washington, the Permit by Rule provision atWAC 173- 303-802(5) isbroader in scope than the federal permit by rule regulations where it applies to state-only wastes. However, the State program ismore stringent where the rule applies to federally regulated hazardous wastes generated on-site. The federal regulations at40 CFR 270.1(c)(2)(iv) and (v) exempt

owners and operators oftotally enclosed
treatment facilities, elementary neutralization units orwastewater treatment units, as defined at40 CFR 260.10, from RCRApermitting requirements. The State requested reauthorization for these changes and EPA has determined that the more stringent portion oftherule is authorized andthe broader in scope provision will not be authorized in this rulemaking.

The State did not seek authorization for the entire Post-Closure rule. While the State will be authorized for the portions oftherule that concern alternative requirements for co-located regulated units and solid waste management units which have commingled releases, the State did not seek, nor will the State be authorized for the portions ofthe rule that allow for the use ofenforceable documents in lieu ofpost closure permits. Although the State did incorporate 40 CFR 265.118(c)(4) byreference into its regulations, the State did not seek authorization for this provision andwill
notbe authorized for it.
G.Who Handles PermitsAfter This Authorization Takes Effect?

Washington will issue permits for all the provisions for which itis authorized and will administer the permits it issues. All permits issued byEPA Region 10 prior to final authorization of this revision will continue to be administered by EPA Region 10 until the issuance or re-issuance after modification ofa State RCRA permit and until EPA takes action on itspermit. HSWA provisions for which the State is
not authorized will continue in effect underthe EPA-issued permit.EPA will continue to issue permitsfor HSWA requirements for which Washington is
notyet authorized.

H.What IsCodification andIsEPA Codifying Washington's Hazardous Waste Programas Authorized in This Rule?

Codification is the process ofplacing the State's statutes andregulations that comprise the State's authorized hazardous waste program into the Code ofFederal Regulations. EPA does this by referencing the authorized State's authorized rulesin 40 CFR part 272. EPAis reserving the amendment of40 CFR part 272, subpart F for codification ofWashington's program at alater date.

I.How Does Today's Action Affect IndianCountry (18 U.S.C. 1151) in Washington?

EPA's decision to authorize the Washington hazardous wasteprogram does not include any land thatis, or becomes after the date ofthis authorization, "Indian Country," as defined in 18 U.S.C. 1151, with the exception ofthe non-trust lands within the exterior boundaries ofthe Puyallup Indian Reservation (also referred to as the "1873 Survey Area" or "Survey Area") located in Tacoma, Washington. EPAretainsjurisdiction over "Indian Country" as defined in 18 U.S.C. 1151.

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 

### 17642

HeinOnline -- 67 Fed. Reg. 17642 2002Federal Register/Vol. 67, No. 70/Thursday, April 11, 2002/Rules and Regulations

review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 andimposes no additional requirements beyond those imposed by State law. Accordingly, I certify thatthis action will not have a significant economic impact on a substantial number ofsmall entities under the 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, itdoes not contain any unfunded mandate or significantly or uniquely affect small governments, as described in theUnfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this action also does
not have Tribal implications within the meaning ofExecutive Order 13175 (65 FR 67249, November 6, 2000). It does
not have substantial direct effects on tribal governments, on therelationships 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 action will not have substantial direct effects on the States,

onthe relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRAhazardous waste program without altering the relationship or the distribution ofpower andresponsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because itis not economically significant andit does not make decisions based onenvironmental health or safety risks. This rule isnot subject to Executive 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. This action does not include environmentaljustice 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 byRCRA. It would thus be inconsistent with applicable law for EPA, when itreviews a State authorization application, to require the

use ofany particular voluntary

consensus standard in place ofanother standard that otherwise satisfies the requirements ofRCRA. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15U.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 final rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of1995 (44 U.S.C. 3501 etseq.).

List ofSubjects in 40 CFRPart 271

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting andrecordkeeping requirements.

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

Dated: April 2,2002. Ronald A.Kreizenbeck, DeputyRegional Administrator,Region10.
[FR Doc. 02-8533 Filed 4-10-02; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721 [OPPTS-50606A; FRL-6805-1]
RIN2070-AB27
Significant New Uses of Certain Chemical Substances
AGENCY: Environmental Protection Agency (EPA). ACTION: Finalrule.

SUMMARY: EPA ispromulgating significantnew use rules (SNURs) under section 5(a)(2) oftheToxic Substances Control Act (TSCA) for six chemical substances which were the subject of premanufacture notices (PMNs) and subject to TSCA section 5(e) consent orders issued byEPA. Today's action requires persons who manufacture, import, or process these substances to notifyEPA at least 90 days before commencing the manufacturing or processing of a substance for ause designated by these rules as a significant

new use.The required notice will provide EPA with the opportunity to evaluate the intended use, andif necessary, to prohibit or limitthat activity before it occurs to prevent any unreasonable risk ofinjury tohuman health or the environment. DATES: This final rule is effective on May 13, 2002.
FOR FURTHER INFORMATION CONTACT: For generalinformationcontact:Barbara Cunningham, Acting Director, Environmental Assistance Division (7408M), Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.

Fortechnicalinformationcontact: James Alwood, Chemical Control Division (7405M), Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 564-8974; email address: alwood.jim@epa.gov. SUPPLEMENTARY INFORMATION:

I.General Information

A. DoesthisActionApply toMe?

You may be potentially affected by this actionifyou manufacture, import,
process, oruse the chemical substances contained in this rule. Potentially affected categories and entities may include, but are not limited to:

NAICS Examples of Categories codes potentially affected entities

Chemical man- 325 Manufacturers,

ufacturers importers, processors, and users of chemicals Petroleum and 324 Manufacturers,

coal product importers, industries processors, and users of chemicals

This listing is notintended tobe exhaustive, butrather provides aguide for readers regarding entities likelyto be affected by this action. Other types of entities not listed in the table in this unitcould also be affected. The North American Industrial Classification System (NAICS) codes have been providedto assist you and others in determining whether or not this action 

### 17643

HeinOnline -- 67 Fed. Reg. 17643 2002