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u.s. ENVIRONMENTAL PROTECTION AGENCY, REGION 10

1200 SIXTH AVENUE, SEATTLE, WASHINGTON 98101

NOTICE OF PUBLIC COMMENT PERIOD

PROPOSED FINAL RULEMAKING TO GRANT

WASHINGTON FINAL AUTHORIZATION FOR REVISIONS

TO THE AUTHORIZED STATE HAZARDOUS WASTE PROGRAM

SUMMARY: The State of Washington has applied for final authorization of

rev~s~ons to its hazardous waste management program under the Resource

Conservation and Recovery Act (RCRA). EPA has reviewed Washington's

application and has made a decision, subject to public review and comment,

that their hazardous waste program revision satisfies all of the requirements

"necessary to qualify for final authorization. Thus, EPA intends to approve

Washington's hazardous waste program revisions. Washington's application for

program revision is available for public review and comment.

PUBLIC COMMENT PERIOD: Comments on Washington's program revision and EPA's

determination to grant Washington final authorization must be received by

April 29, 1994. Written comments should be sent to:

U.S. Environmental Protection Agency, Region 10

Attn: Patricia Springer, HW-107

1200 Sixth Avenue, Seattle, WA 98101

If significant interest is expressed, EPA will conduct a public hearing. The

decision on whether or not to hold a public hearing will be based on receipt

of written 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. If EPA decides to conduct a public

hearing, it will 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 of the hearing.

COPIES OF THE STATE'S APPLICATION: Copies of Washington's application are

available at the following addresses for inspection and copying by the public

during normal business hours:

Washington Department of Ecology

Library, Room 35-06

300 Desmond Drive, Lacey, WA 98503

Phone: (206) 407-6150

Environmental Protection Agency, Region 10

Library, 10th Floor

1200 Sixth Avenue, Seattle, WA 98101

Contact: (206) 553-1289

FOR FURTHER 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) of RCRA, 42 U.S.C. 6929(b) have a continuing obligation to maintain a

hazardous waste program that is equivalent to, consistent with, and no less

stringent than the Federal hazardous waste program. In addition, passage of

the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616, 11/8/84,

"hereinafter "HSWA") placed additional requirements upon the States to revise

their programs to become equivalent to the Federal RCRA program. Revisions to

State hazardous waste programs are necessary when Federal or State statutory

or regulatory authority is modified or when certain other changes occur. Most

commonly, State program revisions are necessitated by 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 program revision for corrective

action in accordance with 40 CFR 271.21. Washington's corrective action

program would 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 of Washington's existing cleanup authority, the Model

Toxics Control Act (MTCA) statutory and regulatory provisions. These orders

will be incorporated into operating or post-closure permits issued pursuant to

the authorized State program permitting 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 of the authorized program

revisions, please refer to the public docket located at the previously listed

addresses.

EPA has reviewed Washington's application and has made a decision,

subject to public review and comment, that Washington's program revision

satisfies all the requirements necessary to qualify for final authorization.

Consequently, EPA intends to grant Washington final authorization for the

additional program modifications. It should be noted that EPA is not

delegating Section 3008(h) RCRA authority. 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

EPA until the State is specifically authorized for these provisions.

Therefore, after this authorization, there will continue to be a dual

State/Federal regulatory program in Washington.

The public may submit written comments or request a public hearing on

EPA's proposed rulemaking in accordance with the procedures described above.

Copies of Washington's application for program revision are available for

inspection and copying at the locations indicated above.

Approval of Washington's program revision shall become effective when

the Regional Administrator's final approval is published in the FEDERAL

REGISTER. If adverse comment pertaining to Washington's program revision is

received EPA will publish either: (1) a notice of disapproval; or (2) a final

rulemaking approving the modifications, which would include appropriate

comment response.

This notice 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).

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Chuck Clarke

Regional Administrator