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# •• u.s. ENVIRONMENTAL PROTECTIONAGENCY, REGION 10 1200 SIXTHAVENUE, SEATTLE, WASHINGTON 98101

NOTICE OFPUBLIC COMMENTPERIOD

PROPOSEDFINALRULEMAKING TOGRANT WASHINGTON FINALAUTHORIZATION FORREVISIONS TO THEAUTHORIZED STATEHAZARDOUS WASTE PROGRAM

SUMMARY: The State ofWashington has applied for final authorization of**rev~s~ons** to its hazardous waste managementprogramunder the Resource Conservation and Recovery Act (RCRA). EPAhas reviewedWashington's application and has made a decision, subject to public review and comment, that their hazardous waste programrevision satisfies all ofthe requirements "necessaryto qualify for final authorization. Thus, EPA intends to approve Washington's hazardous waste programrevisions. Washington's application for programrevision is available for public review and comment.

PUBLIC COMMENT PERIOD: Comments onWashington's program revision and EPA's determination to grant Washington final authorization must be received by April 29, 1994. Written comments shouldbe sent to:

U.S. Environmental ProtectionAgency, Region 10 Attn: Patricia Springer, HW-107 1200 Sixth Avenue, Seattle, WA 98101

If significant interest is expressed, EPAwill conduct a public hearing. The decision onwhether or not to hold a public hearing will be based on receipt ofwritten comments and requests for public hearing. Persons wishing to request a public hearing should submit a detailed request in writing before April.21, 1994 to the address above. IfEPAdecides to conduct a public hearing, itwill be held on April 28, 1994. Contact Domenic Calabro at 1-800-424-4EPA, ext. 6640 to determine whether or not EPA has decided to hold

a public hearing, and for the time and location ofthe hearing.

COPIES OF THESTATE'S APPLICATION: Copies ofWashington's application are available at the following addresses for inspection and copying by the public during normal business hours:

Washington Department ofEcology Library, Room 35-06 300 Desmond Drive, Lacey, WA 98503 Phone: (206) 407-6150

Environmental ProtectionAgency, Region 10 Library, 10thFloor 1200 Sixth Avenue, Seattle, WA 98101 Contact: (206) 553-1289

FORFURTHER INFORMATION CONTACT: Patricia Springer, HW-107, 1200 Sixth Avenue, seattle, WA 98101, (206) 553-2858.

SUPPLEMENTARY INFORMATION: States with final authorization under section 3006(b) ofRCRA, 42 U.S.C. 6929(b) have a continuing obligation to maintain a hazardous wasteprogramthat is equivalent to, consistent with, and no less stringent thanthe Federal hazardous waste program. In addition, passage of the Hazardous and SolidWaste Amendments of 1984 (Public Law 98-616, 11/8/84, "hereinafter "HSWA") placed additional requirements upon the States to revise theirprograms to become equivalent to the Federal RCRAprogram. Revisions to State hazardous waste programs are necessary when Federal or State statutory

or regulatory authority is modified orwhen certain other changes occur. Most commonly, Stateprogram revisions are necessitatedby changes to EPA's regulations in 40 CFR 260-266, 268, 124 and 270•Washington initially received final authorization on January 30, 1986. Washington is now seeking approval of its programrevision for corrective action in accordance with 40 CFR 271.21. Washington's corrective action programwould allow corrective action to be specified through the**term~** of a State-issued order, issued to current owners and operators of facilities subject to the Washington Dangerous Waste Regulations, and which will rely in part on the State ofWashington's existing cleanup authority, the Model Toxics Control Act (MTCA) statutory and regulatory provisions. These orders will be incorporated into operating orpost-closure permits issued pursuant to the authorized State programpermitting provisions. Washington is seeking authorization for the following federal promulgations: Corrective Action (50 FR 28702, 7/15/85); Amendments to Part B information requirements for land disposal facilities (52 FR 23447, 6/22/87); Permit application**requi~ements** regarding corrective action and corrective action beyond the facility boundary "(52 FR 45788, 12/1/87); and Corrective Action Management Units/Temporary Units

(58 FR 8658, 2/16/93). For further description ofthe authorized program revisions, please refer to the public docket located at the previously listed addresses.

EPAhas reviewedWashington's application and has made a decision, subject to public review and comment, that Washington's programrevision satisfies all the requirements necessaryto qualify for final authorization. Consequently, EPA intends to grant Washington final authorization for the additional programmodifications. It should be noted that EPA is not delegating Section 3008(h) RCRAauthority. No Federal-enforcement authorities

are delegated when EPA authorizes state programs under Section 3006(b) of RCRA. Washington is not authorized by the federal government to operate the RCRA program on Indian lands; this authority remains with EPA. Remaining and future HSWA requirements and prohibitions will continue to be implemented by EPAuntil the State is specifically authorized for these provisions. Therefore, after this authorization, there will continue to be a dual State/Federal regulatory program inWashington.

The public may submit written comments or request a public hearing on EPA's proposed rulemaking in accordance with the procedures described above. Copies ofWashington's application for programrevision are available for inspection and copying at the locations indicated above.

Approval ofWashington's programrevision shall become effective when the Regional Administrator's final approval is published in the FEDERAL REGISTER. If adverse comment pertaining toWashington's programrevision is received EPAwill publish either: (1) a notice ofdisapproval; or (2) a final rulemaking approving the modifications, which would include appropriate
comment response.

This notice is issued under the authority ofSections 2002(a), 3006 and 7004(b) ofthe SolidWaste Disposal Act as.amended 42 U.S.C. 6912(a), 6926, 6974(b).

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### t. i Chuck Clarke Regional Administrator