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

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a "major rule" as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: March 26, 2002.

James Jones,

Acting Director, 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 as follows:

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

371.

2. Section 180.1199 is revised to read

as follows:

§180.1199 Lysophosphatidylethanolamine

(LPE); exemption from the requirement of a

tolerance.

An exemption from the requirement

of a tolerance is established for residues

of the biochemical pesticide

lysophosphatidylethanolamine in or on

all food commodities.

[FR Doc. 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 Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: Washington applied to the

United States Environmental Protection

Agency (EPA) for final authorization of

changes to its hazardous waste program

under the Resource Conservation and

Recovery Act (RCRA). The EPA has

reached a final determination that these

changes to the Washington hazardous

waste program satisfy all requirements

needed to qualify for final authorization.

Thus, with respect to these revisions,

EPA is granting final authorization to

the State to operate its program subject

to the limitations on its authority

retained by EPA in accordance with

RCRA, including the Hazardous and

Solid Waste Amendments of 1984.

EFFECTIVE DATE: Final authorization for

the revisions to Washington's hazardous

waste management program shall be

effective at 1 p.m. on April 11, 2002.

FOR FURTHER INFORMATION CONTACT:

Nina Kocourek, U.S. EPA, Region 10,

Office of Waste 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?

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 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.

Washington initially received final

authorization on January 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). On August 2, 2001, Washington

submitted a final program revision

application to EPA in accordance with

40 CFR 271.21 seeking authorization of

changes to the State program. On

January 15, 2002, EPA published its

preliminary decision announcing its

intent to grant Washington final

authorization for revisions to its

federally authorized hazardous waste

program. Further background on the

tentative determination to grant

authorization appears at 67 FR 1931-

1937 (January 15, 2002).

B. What Were the Comments and

Responses to EPA's Proposal?

Along with the tentative

determination in EPA's proposal, EPA

also announced the availability of the

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

significant issues raised by the

commenter are summarized and

responded to below.

The commenter asserts that the

Washington Commercial Fertilizer Act,

Chapter 15.54 RCW, acts to circumvent

and knowingly violate the Washington

Dangerous Waste Regulations, WAC

173-303. EPA reviewed the Washington

Commercial Fertilizer Act, also known

as the fertilizer registration act, to

determine the validity of the

commenter's assertion. Although

implemented by the Washington

Department of Agriculture, the

legislative intent of the fertilizer

registration act, as stated in RCW

15.54.265, is to ensure that all fertilizers

in Washington meet standards for

allowable metals, that fertilizer

purchasers and users know about the

contents of fertilizer products in

Washington, that the oversight authority

of the Washington Department of

Ecology (Ecology) over waste-derived

fertilizers be clarified, and that better

information be provided to the

Washington public on fertilizers, soils,

and potential health effects. EPA found

nothing in the fertilizer registration act,

per se, to circumvent or knowingly

violate the Washington Dangerous

Waste regulations.

The fertilizer registration act, at RCW

15.54.270(34), defines waste-derived

fertilizers as commercial fertilizers

derived in whole or in 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 regulated under chapter

90.48 RCW. Before the Washington

Department of Agriculture can register a

waste-derived fertilizer or micronutrient

fertilizer, it must obtain written

approval from Ecology as provided by

RCW 15.54.820. For waste-derived

fertilizers, Ecology must evaluate

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whether the use of a proposed wastederived fertilizer or micronutrient

fertilizer in Washington is consistent

with the state solid waste management

act, chapter 70.95 RCW, the hazardous

waste management act, chapter 70.105

RCW, and RCRA. In performing this

evaluation, Ecology must apply the

standards adopted by the Washington

Department of Agriculture at RCW

15.54.800, which are based on specific

standards for metals adapted from

Canadian standards. If more stringent

standards apply under chapter 173-303

WAC for the same constituents, Ecology

is required to use the more stringent

standards from the hazardous waste

regulations. RCW 15.54.820. This

assessment for purposes of fertilizer

registration in the State of Washington

does not preempt the independently

applicable regulations for hazardous

waste management in the State.

The commenter asserts that the

fertilizer registration act defies the

RCRA mandate to ban open dumping of

solid wastes on the land. EPA

regulations specifically consider the

application of waste-derived products

on the land and such placement is not

prohibited. Rather than prohibiting its

use, a waste-derived fertilizer, also

known as a waste-derived product, is

required to meet the same treatment

standards as if the product was to be

disposed in a landfill. EPA's regulations

at 40 CFR part 266, subpart C, place

controls on the management of

hazardous wastes before such wastes are

made into a fertilizer. This use of

hazardous waste is a type of recycling

which in EPA's regulations is referred to

as "use constituting disposal." A

fertilizer produced from hazardous

waste is an example of a use

constituting disposal. Consistent with

section 1003 of RCRA, EPA encourages

materials recovery and properly

conducted recycling and reuse as an

integral component of the RCRA cradleto-grave waste management system.

Rather than prohibiting the use of

waste-derived fertilizers, EPA

promulgated regulations to require that

hazardous wastes that are going to be

made into fertilizers be managed in

accordance with all applicable

hazardous waste management

requirements until the wastes are made

into a fertilizer. 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 of a

hazardous waste that is going to be

made into a fertilizer is required to

comply with the RCRA generator

requirements, including manifesting offsite shipments of the wastes. The

owners and operators of facilities that

store recyclable materials that are to be

used in a manner that constitutes

disposal, but who are not themselves

the ultimate users of the materials, are

regulated under all applicable

provisions of 40 CFR parts 264 and 265,

268 and parts 270 and 124 and all

corresponding federally authorized state

analogs. A RCRA permit is generally

required for storage of these wastes by

fertilizer manufacturers.

Because the use of waste-derived

products on the land is also a type of

land disposal, EPA requires that all

waste-derived products (except for K061

derived fertilizers 1) meet the applicable

LDR treatment standards prior to the

land disposal of such wastes. This

includes meeting the "Phase IV" (May

26, 1998, 63 FR 28556) treatment

standards. Under EPA's regulations,

manufacturers of waste derived

fertilizers must provide notice and

certify compliance with LDR standards,

40 CFR 268.7, and notify the authorized

agency (EPA or the authorized state

agency implementing the authorized

hazardous waste program) of each

shipment of product made from

recycled hazardous waste. 40 CFR

268.7(b)(6).

The commenter asserts that the

Washington authorized hazardous waste

program is not implementing the

requirements of the RCRA regulations at

40 CFR part 266, subpart C because

Washington is not implementing the

Phase IV LDR regulations. Washington's

authorized hazardous waste program

does not currently include the Phase IV

LDR standards. Today's final rule will

authorize the Phase IV LDR standards

adopted by Washington in chapter 173-

303 WAC. As a matter of state law,

Washington has been implementing its

State Phase IV LDR standards since the

effective date of the State law. The

Phase IV standards which EPA

promulgated as HSWA regulations are

implemented directly by EPA in States

with authorized hazardous waste

programs, such as Washington, until the

State regulations are authorized by EPA.

For purposes of federal RCRA, the LDR

standards that must be complied with

include the Phase IV standards and

include LDR treatment standards for all

'EPA has proposed 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 that Ecology is

reviewing the use of waste-derived

fertilizers against the Phase III LDR

standards rather than the Phase IV

standards. However, as was discussed

earlier, in assessing waste-derived

fertilizers for purposes of fertilizer

registration in the State of Washington,

Ecology is required to use the more

stringent standards that apply under

chapter 173-303 WAC for the

constituents addressed by the standards

adopted by the Washington Department

of Agriculture in RCW 15.54.800. For

purposes of hazardous waste

management, the fertilizer registration

act does not preempt the applicability of

the LDR standards, including the more

stringent Phase IV LDR standards.

The commenter asserts that the

fertilizer registration act limits

Washington's review of waste-derived

fertilizers to nine metals, enhances the

probability of dilution of hazardous

waste by registering the fertilizer as a

whole product rather than looking at

each recyclable material, and fails to test

total chromium or address total metals.

The fertilizer registration act requires

that the Washington Department of

Agriculture obtain written approval

from Ecology before the Department of

Agriculture can register a waste-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 of Agriculture based on the

screening criteria in the fertilizer

registration act and based on applicable

hazardous waste regulations. The

Washington legislature clearly intended

that the regulation of waste-derived

fertilizer be under the domain of

Ecology rather than the 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 of the

fertilizer registration act. Under current

EPA regulations, manufacturers of

fertilizers made from recycled

hazardous wastes are required to

comply with applicable LDR treatment

standards for the hazardous wastes

which they contain before the fertilizer

may be used (40 CFR 268.40) and a

notice of each shipment of each

fertilizer product must be submitted to

the authorized agency (EPA before the

State is authorized and the authorized

State afterwards) (40 CFR 268.7(b)(6)).

These treatment standards must be met

for characteristic hazardous wastes even

if the product does not exhibit a

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hazardous waste characteristic. The LDR

standards set limits for certain metals in

hazardous wastes before the waste or

waste product can be applied to the

land.

C. What Decisions Have We Made in

This Rule?

EPA has made a final determination

that Washington's application for

authorization of the revisions to the

Washington authorized program meets

all of the statutory and regulatory

requirements established by RCRA.

Therefore, with respect to the revisions,

we are granting Washington final

authorization to operate its hazardous

waste program as described in the

revision authorization application.

Washington'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 RCRA,

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 are broader in scope

than Federal program requirements are

not part of this final authorization

decision. Washington's authorized

program does not extend to Indian

country, except that Washington does

have jurisdiction over non-trust lands

within the 1873 Survey Area of the

Puyallup Reservation as defined in the

Settlement Agreement between the

Puyallup Tribe, Federal, State and local

governments dated August 27, 1988.

Within the 1873 Survey Area of the

Puyallup Reservation, EPA retains

jurisdiction and authority to implement

RCRA over Indian country and over

trust lands, Indians and Indian

activities.

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 Washington,

including issuing permits, until the

State is granted authorization to do so.

D. What Will Be the Effect of Today's

Action?

A facility in Washington subject to

RCRA must comply with the authorized

State program requirements and with

any applicable Federally-issued

requirements, such as, for example, the

federal HSWA provisions for which the

State is not authorized, and RCRA

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

of its currently authorized program and

will have enforcement responsibilities

for the revisions which are the subject

of this final rule. 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.

This final action approving these

revisions will not impose additional

requirements on the regulated

community because the regulations for

which Washington's program are being

authorized are already effective under

State law.

E. What Rules Are We Authorizing

With Today's Action?

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 have made a final

determination that Washington'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 and those

regulatory revisions which are broader

in scope than Federal 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 of the

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- * *

17 P 2 ................

1 4 4 ...................

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).

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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 5 1 ...................

1 5 3 ...................

1542 .................

1562 .................

1 5 7 ...................

1 5 8 ...................

1 6 2 ...................

1 6 3 ...................

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

FR 26828, 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).

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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 7 0 ...................

1 7 1 ...................

1 7 2 ...................

1 7 3 ...................

174 3 .................

1752 .................

1 7 6 ...................

1 7 7 ...................

1 7 8 ...................

1792 .................

1 8 0 ...................

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 Standards for

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..

HW IR -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).

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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 FR 26420, 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),

Checklist 2). 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.

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 decision.

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

3 State does not seek authorization for enforceable documents in lieu of post-closure permits. 4 Checklist 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 Are the Revised State Rules

Different From the Federal Rules?

This section discusses some of the

differences between the revisions

Washington requested authorization for

and those which are part of this final

authorization decision. Not all program

differences are discussed in this section

because Washington writes its own

version of the federal hazardous waste

rules. This section discusses certain

rules where EPA has made the finding

that the State program is more stringent

and will be authorized; it discusses

rules where the State program is broader

in scope and can not be authorized; and

rules where the State program is less

stringent than the federal requirements

and will 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

supplant federal regulations. Persons

must consult the Table 1 for the specific

State regulations which EPA is

authorizing in today's final rule.

Certain portions of the federal

program are not delegable 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. EPA does

not delegate import/export functions.

Under the RCRA regulations found in 40

CFR part 262 EPA will continue to

implement requirements for import/

export functions. EPA does not delegate

sections of 40 CFR part 268 because of

the national concerns that must 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; and 40

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

standard variances. Washington's

program has excluded these

requirements from its state regulations

and EPA will continue to implement

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 are part of this authorization

decision.

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 finding made by EPA, but

persons can locate such sections by

consulting Table 1, referenced above, as

well as by reviewing the docket for this

rule. The State program is authorized for

each more stringent requirement as a

part of this rulemaking.

The State program does not provide

generators with an exemption from the

manifest requirements as found in the

federal regulations at 40 CFR 262.20(f)

or transporters as found at 40 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 the federal program

because the State regulations do not

allow Remedial Action Plans as found

in the federal requirements at 40 CFR

part 270, subpart H. The State's program

is more stringent than the federal

program at 40 CFR 261.5(j) because the

State has not adopted this provision.

Conditionally exempt small quantity

generator hazardous waste mixed with

used oil is subject to full regulation as

a hazardous waste mixture. The State

program is also more stringent than the

federal requirements at 40 CFR 273.9

because the State's definition of

universal waste does not allow

pesticides to be managed as universal

waste.

The State program is more stringent in

certain places than the federal military

munitions rule. The State did not adopt

the alternative requirements for

transportation of waste military

munitions between military

installations as is found in the federal

program at 40 CFR 266.203(a)-(c) and is

therefore more stringent than the 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 listed hazardous waste. In the

Military Munitions Rule, at 62 FR 6633,

EPA said that states could be more

stringent than the federal program for

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chemical munitions. EPA finds the State

program to be 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 to be more stringent than the

federal regulation at 40 CFR 264.1202(a)

and WAC 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 to include a

conditional exemption for waste

munitions storage in their programs.

EPA also finds that the State's lack of a

conditional exemption for waste

munition storage, which is found in the

federal regulations at 40 CFR

266.205(d), (d)(2), is more stringent than

the federal program. Neither the federal

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 of these Materials in Boilers

and Industrial Furnaces, 40 CFR

266.102 through 40 CFR 266.111. The

State did not adopt these federal

provisions as state law. EPA is

implementing these BIF requirements in

Washington State under EPA's HSWA

authority. States are not allowed to seek

authorization for state requirements that

are broader in scope than federal

requirements. EPA does not have

authority to authorize and enforce those

parts of a state's program EPA finds 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 solid waste

from the extraction, beneficiation, and

processing of ores and minerals, the

State's lack of an analog for the federal

exclusion of mixtures of solid waste and

hazardous waste which are hazardous

based solely on a hazardous

characteristic imparted to the waste as

a result of a Bevill characteristic, 40 CFR

261.3(a)(2)(iii), is broader in scope than

the federal program. EPA also finds the

State's regulation at WAC 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 final Military 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 where they are more

stringent than the federal program, state

programs cannot be authorized where

they are less stringent. EPA finds the

State's additional regulation at WAC

173-303-515(6) for generators of used

oil who self-transport greater than 55

gallons per vehicle trip to a used oil

collection center, without also

designating as a used oil transporter, are

less stringent than the federal provisions

which limit generator self-transport of

used oil to less than or equal to 55

gallons of used oil per vehicle trip. EPA

also finds the State's additional

regulation at WAC 171-303-515(7) for

used oil collection centers to be less

stringent because the regulation allows

used oil collection centers to accept

greater than 55 gallons of used oil from

a generator who self-transports used oil

to a used oil collection center. The

direct impact of EPA's finding to

generators and used oil collection

centers in Washington is that generators

and used oil collection centers will not

be exempted from the State's federally

authorized requirements which limit

self-transport by generators to less than

or equal to 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 they need to seek

reauthorization. In Washington, the

Permit by Rule provision at WAC 173-

303-802(5) is broader in scope than the

federal permit by rule regulations where

it applies to state-only wastes. However,

the State program is more stringent

where the rule applies to federally

regulated hazardous wastes generated

on-site. The federal regulations at 40

CFR 270.1(c)(2)(iv) and (v) exempt

owners and operators of totally enclosed

treatment facilities, elementary

neutralization units or wastewater

treatment units, as defined at 40 CFR

260.10, from RCRA permitting

requirements. The State requested

reauthorization for these changes and

EPA has determined that the more

stringent portion of the rule is

authorized and the 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 of the rule 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 of the rule that allow for

the use of enforceable documents in lieu

of post closure permits. Although the

State did incorporate 40 CFR

265.118(c)(4) by reference into its

regulations, the State did not seek

authorization for this provision and will

not be authorized for it.

G. Who Handles Permits After This

Authorization Takes Effect?

Washington will issue permits for all

the provisions for which it is authorized

and will administer the permits it

issues. All 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 re-issuance after

modification of a State RCRA permit

and until EPA takes action on its permit.

HSWA provisions for which the State is

not authorized will continue in effect

under the EPA-issued permit. EPA will

continue to issue permits for HSWA

requirements for which Washington is

not yet authorized.

H. What Is Codification and Is EPA

Codifying Washington's Hazardous

Waste Program as Authorized in This

Rule?

Codification is the process of placing

the State's statutes and regulations that

comprise the State's authorized

hazardous waste program into the Code

of Federal Regulations. EPA does this by

referencing the authorized State's

authorized rules in 40 CFR part 272.

EPA is reserving the amendment of 40

CFR part 272, subpart F for codification

of Washington's program at a later date.

I. How Does Today's Action Affect

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

Washington?

EPA's decision to authorize the

Washington 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, with the

exception of the non-trust lands within

the exterior boundaries of the Puyallup

Indian Reservation (also referred to as

the "1873 Survey Area" or "Survey

Area") located in Tacoma, Washington.

EPA retains jurisdiction over "Indian

Country" as defined in 18 U.S.C. 1151.

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

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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 (Pub. L. 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). It 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

economically significant and it does not

make decisions based on environmental

health or safety risks. This rule 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. This action 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 final 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: April 2, 2002.

Ronald A. Kreizenbeck,

Deputy Regional Administrator, Region 10.

[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]

RIN 2070-AB27

Significant New Uses of Certain

Chemical Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is promulgating

significant new use rules (SNURs) under

section 5(a)(2) of the Toxic 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 by EPA. Today's action

requires persons who manufacture,

import, or process these substances to

notify EPA at least 90 days before

commencing the manufacturing or

processing of a substance for a use

designated by these rules as a significant

new use. The required notice will

provide EPA with the opportunity to

evaluate the intended use, and if

necessary, to prohibit or limit that

activity before it occurs to prevent any

unreasonable risk of injury to human

health or the environment.

DATES: This final rule is effective on

May 13, 2002.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Acting Director,

Environmental Assistance Division

(7408M), Office of Pollution 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.

For technical information contact:

James Alwood, Chemical Control

Division (7405M), Office of Pollution

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. Does this Action Apply to Me?

You may be potentially affected by

this action if you manufacture, import,

process, or use 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 not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table in this

unit could also be affected. The North

American Industrial Classification

System (NAICS) codes have been

provided to assist you and others in

determining whether or not this action

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