44144 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: July 15, 2010. 

Michael A. Bussell, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2010–18564 Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R10–RCRA 2010–0251; FRL–9181–8] 

Washington: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Washington has applied to 

EPA for final authorization of certain 

changes to its hazardous waste 

management program under the 

Resource Conservation and Recovery 

Act, as amended, (RCRA). On June 18, 

2010, EPA published a proposed rule to 

authorize the changes and opened a 

public comment period under Docket ID 

No. EPA–R10–RCRA–2010–0251. The 

comment period closed on July 19, 

2010. EPA has decided that the 

revisions to the Washington hazardous 

waste management program satisfy all of 

the requirements necessary to qualify 

for final authorization and EPA is 

authorizing these revisions to 

Washington’s authorized hazardous 

waste management program in this 

Final rule. 

DATES: Effective Date: Final 

authorization for the revisions to the 

hazardous waste management program 

in Washington shall be effective at 1 

p.m. EST on July 28, 2010. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–R10–RCRA–2010–0251. All 

documents in the docket are available 

electronically on the Web site http:// 

www.regulations.gov. A hard copy of the 

authorization revision application is 

also available for viewing, during 

normal business hours at the U.S. 

Environmental Protection Agency, 

Region 10, Office of Air, Waste and 

Toxics, 1200 Sixth Avenue (AWT–122), 

Suite 900, Seattle, Washington 98101, 

contact: Nina Kocourek, phone number 

(206) 553–6502; or from the Washington 

State Department of Ecology, 300 

Desmond Drive, Lacey, Washington 

98503, contact: Robert Rieck, phone 

number (360) 407–6751. 

FOR FURTHER INFORMATION CONTACT: 

Nina Kocourek, U.S. Environmental 

Protection Agency, Region 10, Office of 

Air, Waste & Toxics (AWT–122), 1200 

Sixth Avenue, Suite 900, Seattle, 

Washington 98101, phone number: 

(206) 553–6502, e-mail: 

kocourek.nina@epa.gov. 

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 

management program that is equivalent 

to, consistent with, and no 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. 

B. What decisions have we made in this 

rule? 

EPA has made a final determination 

that Washington’s application to revise 

its authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we are 

granting Washington final authorization 

to operate its hazardous waste 

management program for the changes 

described in its revised program 

application. Washington will have 

responsibility for permitting treatment, 

storage, and disposal facilities (TSDFs) 

within its borders, except in Indian 

country (18 U.S.C. 1151), and for 

carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates under 

the authority of HSWA, which are more 

stringent than existing requirements, 

take effect in authorized States before 

the State is authorized for these 

requirements. Thus, EPA will 

implement those requirements and 

prohibitions in Washington, including 

issuing permits, until the State is 

granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this action is that a 

facility in Washington subject to RCRA 

will have to comply with the authorized 

State requirements instead of the 

corresponding Federal requirements in 

order to comply with RCRA. 

Additionally, such persons will have to 

comply with any applicable Federal 

requirements, such as, HSWA 

regulations issued by EPA for which the 

State has not received authorization, 

and RCRA requirements that are not 

supplanted by authorized State-issued 

requirements. Washington has 

enforcement responsibilities under its 

State hazardous waste management 

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: 

• Conduct inspections; require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements; 

suspend, terminate, modify or revoke 

permits; and 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action to approve these revisions 

would not impose additional 

requirements on the regulated 

community because the regulations for 

which Washington will be authorized 

are already effective under State law 

and are not changed by the act of 

authorization. 

D. What were the comments on EPA’s 

proposed rule? 

On June 18, 2010 (75 FR 34674), EPA 

published a proposed rule to grant 

authorization of changes to 

Washington’s hazardous waste 

management program subject to public 

comment. The public comment period 

opened on June 18, 2010 and ended on 

July 19, 2010. The Agency did not 

receive any comments on the proposed 

rule. 

E. What has Washington previously 

been authorized for? 

Washington initially received final 

authorization on January 30, 1986, 

effective January 31, 1986 (51 FR 3782), 

to implement the State’s dangerous 


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waste management program. EPA 

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); October 12, 1999, effective 

January 11, 2000 (64 FR 55142); April 

11, 2002, effective April 11, 2002 (67 FR 

17636); April 14, 2006, effective June 

13, 2006 (71 FR 19442) and on October 

30, 2006 effective December 29, 2006 

(71 FR 63253). 

F. What changes are we authorizing 

with this action? 

On May 18, 2010, Washington 

submitted a hazardous waste 

management program revision 

application seeking authorization of its 

changes in accordance with 40 CFR 

271.21. On May 28, 2010 we determined 

that Washington’s program revision 

application was complete. EPA has 

determined that Washington’s 

hazardous waste management program 

revisions, as described in the State’s 

authorization revision application dated 

May 18, 2010 satisfy the requirements 

necessary to qualify for final 

authorization. The following program 

changes as identified in Table 1 and 

Table 2 below will be authorized with 

this action. The State is authorized for 

those federal rules as published in 40 

CFR parts 260 through 265, 268, 270, 

and 279 that the State incorporated by 

reference as of July 1, 2007, unless 

otherwise noted; and all of the 

referenced analogous State authorities 

were legally adopted and effective State 

rules as of July 31, 2009. 

TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM

Regulatory 

checklist 1 Federal requirements Federal Register 

Analogous state authority—Washington’s Administrative Code 

(WAC) 

(WAC 173–303–* * *) 

17S ........................ HSWA Codification RuleExposure Information.50 FR 28702, 7/15/85 .... 800(8); 800(12). 

117B2 .................... Toxicity Characteristic 

Amendment.

57 FR 23062, 6/1/92 ...... 070(3) except 070(3)(a)(iii) and 070(3)(c). 

203 2 ....................... Recycled Used Oil Management Standards; 

Clarification.

68 FR 44659, 7/30/03 .... 070(8)(c); 515(3) Incorporated by Reference (IBR) 045(1); 515(11) 

IBR 045(1). 

205 ......................... NESHAP: Surface Coating of Automobiles and 

Light-Duty Trucks.

69 FR 22601, 4/26/04 .... 691(1)(g); 400(3)(a). 

207 2 and 207.1 2 ... Uniform Hazardous 

Waste Manifest Rule 

and Amendment.

70 FR 10766, 3/4/05 as 

amended on 6/16/05 at 

70 FR 35034.

040 ‘‘designated facility’’ definition; 040 ‘‘manifest’’ definition; 040 

‘‘manifest tracking number’’ definition; 160(2)(a), 160(2)(a)(ii), 

160(2)(a)(iii); 180, 180(1), 180(7), 180(7)(a) IBR 045(1), 

180(7)(b), 180(7)(b)(i), 180(7)(b)(ii), 180(7)(b)(iii), 180(7)(b)(iv), 

180(7)(c), 180(8), 180(8)(a), 180(8)(b); 190(3), 190(3)(b), 

190(4); 200, 200(6), 200(6)(a), 200(6)(b); 230 IBR 045(1), 

230(2), 230(2)(c), 230(2)(d), 230(2)(e); 180(1) IBR 045(1); 250, 

250(1)(a), 250(1)(b), 250(9), 250(9)(a), 250(9)(b), 250(9)(c), 

250(9)(d), 250(5), 250(6), 250(6)(a), 250(6)(b), 250(6)(b)(i), 

250(6)(b)(ii); 370, 370(1); 370(2), 370(2)(a), 370(2)(b), 370(2)(c), 

370(2)(d), 370(2)(e), 370(3), 370(4)(d), 370(8), 370(5), 

370(5)(a), 370(5)(a)(i), 370(5)(a)(ii), 370(5)(a)(iii), 370(5)(b), 

370(5)(c), 370(5)(d)(i), 370(5)(d)(ii), 370(5)(e), 370(5)(e)(i), 

370(5)(e)(ii), 370(5)(e)(iii), 370(5)(e)(iv), 370(5)(e)(v), 

370(5)(e)(vi), 370(5)(e)(vii), 370(5)(f), 370(5)(f)(i), 370(5)(f)(ii), 

370(5)(f)(iii), 370(5)(f)(iv), 370(5)(f)(v), 370(5)(f)(vi), 370(5)(f)(vii), 

370(5)(g); 390(1), 390(1)(a), 390(1)(b), 390(1)(c), 390(1)(d), 

390(1)(e), 390(1)(f), 390(1)(g). 

209 2 ....................... Universal Waste Rule: 

Specific Provisions for 

Mercury Containing 

Equipment.

70 FR 45508, 8/5/05 ...... 040 ‘‘mercury-containing equipment’’ definition; 040 ‘‘universal 

waste’’ definition; 077(2); 600(3)(o)(ii); 400(2)(c)(xi)(B); 140(2)(a) 

IBR 045(1); 800(7)(c)(iii)(B); 573(1)(a)(ii), 573(3)(a), 573(3)(b), 

573(3)(b)(i), 573(3)(b)(ii), 573(3)(b)(iii), 573(3)(c)(i), 573(3)(c)(ii); 

040 ‘‘ampule’’ definition; 040 ‘‘large quantity handler of universal 

waste’’ definition; 040 ‘‘mercury containing equipment’’ definition; 

040 ‘‘small quantity handler of universal waste’’ definition; 040 

‘‘universal waste’’ definition; 573(9)(b), 573(9)(b)(i), 573(9)(b)(ii), 

573(9)(b)(ii)(A), 573(9)(b)(ii)(B), 573(9)(b)(ii)(C), 573(9)(b)(ii)(D), 

573(9)(b)(ii)(E), 573(9)(b)(ii)(F), 573(9)(b)(ii)(G), 573(9)(b)(ii)(H), 

573(9)(b)(iii), 573(9)(b)(iii)(A), 573(9)(b)(iii)(B), 573(9)(b)(iv)(A), 

573(9)(b)(iv)(A)(I), 573(9)(b)(iv)(A)(II), 573(9)(b)(iv)(B), 

573(9)(b)(iv)(C), 573(10)(b)(i), 573(10)(b)(ii), 573(19)(b)(iv), 

573(19)(b)(v), 573(20)(b), 573(20(b)(i), 573(20)(b)(ii), 

573(20)(b)(ii)(A), 573(20)(b)(ii)(B), 573(20)(b)(ii)(C), 

573(20)(b)(ii)(D), 573(20)(b)(ii)(E), 573(20)(b)(ii)(F), 

573(20)(b)(ii)(G), 573(20)(b)(ii)(H), 573(20)(b)(iii), 

573(20)(b)(iii)(A), 573(20)(b)(iii)(B), 573(20)(b)(iv)(A), 

573(20)(b)(iv)(A)(I), 573(20)(b)(iv)(A)(II), 573(20)(b)(iv)(B), 

573(20)(b)(iv)(C), 573(21)(b)(i), 573(21)(b)(ii). 


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TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM—Continued 

Regulatory 

checklist 1 Federal requirements Federal Register 

Analogous state authority—Washington’s Administrative Code 

(WAC) 

(WAC 173–303–* * *) 

212 ......................... NESHAP: Final Standards for Hazardous 

Waste Combustors 

(Phase I Final Replacement Standards 

and Phase II).

70 FR 59402, 10/12/05 .. 110(1), 110(3)(g)(viii); 670(1)(b)(i), 670(1)(b)(v); 400(3)(a) IBR 

045(1); 110(1), 110(3), 110(3)(g)(viii); 806 (17), 806(17)(a), 

806(17)(a)(i), 806(17)(a)(ii), 806(17)(a)(iii), 806(17)(a)(iv), 

806(17)(a)(v), 806(17)(a)(vi), 806(17)(a)(vii), 806(17)(a)(viii), 

806(17)(a)(ix), 806(17)(b), 806(4)(f)(v), 806(4)(n), 

806(4)(j)(iv)(C), 806(4)(k)(v)(C); 815(2)(b)(iii); 830(4)(j)(i), 

830(4)(j)(ii), 830(4)(j)(iii), 830(4)(k), 830(4)(k)(i), 830(4)(k)(i)(A), 

830(4)(k)(i)(B), 830(4)(k)(i)(C), 830(4)(k)(i)(D), 830(4)(k)(ii), 

830(4)(k)(ii)(A), 830(4)(k)(ii)(B), 830 Appendix L 10; 807 introductory text; 811 IBR 045(1), 841 IBR 045(1). 

213 2 ....................... Burden Reduction Initiative.71 FR 16862, 4/4/06 ...... 040 ‘‘performance track member facility’’ definition; 017(5)(b)(ii)(B), 

017(5)(b)(ii)(C), 017(5)(b)(ii)(D), 017(5)(b)(ii)(E), 017(5)(b)(ii)(F), 

017(5)(b)(ii)(G); 071(3)(w)(iii)(E), 071(3)(s)(ix); 320(2)(c); 330(i); 

350(2); 360(2)(j); 380(1), 380(1)(a), 380(1)(b), 380(1)(f), 

380(1)(g), 380(1)(i); 645(9)(d), 645(9)(g)(ii), 645(9)(g)(iii), 

645(10)(f), 645(10)(g), 645(10)(h)(iii)(A), 645(10)(h)(iii)(B), 

645(11)(g); 610(4)(e)(v), 610(6), 610(11); 620(4)(b), 620(6)(b), 

620(8)(e); 630(6); 640(2)(a); 640(2)(c)(v)(B), 640(3)(a), 

640(3)(c), 640(4)(a)(i), 640(4)(a)(ii), 640(6)(b), 640(6)(b)(ii), 

640(6)(b)(i), 640(6)(b)(iii), 640(4)(f), 640(6)(c), 640(6)(d), 

640(7)(f); 660(2)(j); 655(8)(b); 140(4)(b)(i), 140(4)(b)(ii), 

140(4)(b)(iii), 140(4)(b)(iv), 140(4)(b)(v), 140(4)(b)(v)(A), 

140(4)(b)(v)(B); 670(4)(a)(ii), 670(7)(c); 64690 IBR 045(1); 

675(2)(a), 675(2)(b), 675(2)(c), 675(4)(a)(iv)(B), 675(4)(g), 

675(5)(a); 691(2) IBR 045(1); 695 IBR 045(1); 400(3)(a) IBR 

045(1), 400(3)(c)(v)(A), 400(3)(c)(v)(B), 400(3)(c)(v)(D), 

400(3)(c)(v)(E), 400(3)(c)(vi)(C), 400(3)(c)(vi)(D), 

400(3)(c)(vi)(E), 400(3)(c)(vii)(C), 400(3)(c)(vii)(D), 

400(3)(c)(vii)(E), 400(3)(c)(viii)(A), 400(3)(c)(ix)(B), 

400(3)(c)(ix)(C), 400(3)(c)(ix)(D), 400(3)(c)(ix)(E), 

400(3)(c)(ix)(G), 400(3)(c)(ix)(H), 400(3)(c)(ix)(I), 400(3)(c)(ix)(J), 

400(3)(c)(ix)(K), 400(3)(c)(ix)(L), 400(3)(c)(x), 400(3)(c)(xi)(A), 

400(3)(c)(xii)(B), 400(3)(a)(xiii), 400(3)(a)(xiii)(B); 140(4)(b)(i), 

140(4)(b)(ii), 140(4)(b)(iii), 140(4)(b)(iv), 140(4)(b)(v), 

140(4)(b)(v)(A), 140(4)(b)(v)(B); 400(3)(c)(xviii)(A), 

400(3)(c)(xviii)(B), 400(3)(c)(xviii)(C), 400(3)(c)(xviii)(D), 

400(3)(c)(xviii)(E), 400(3)(c)(xviii)(F), 400(3)(c)(xx)(B), 

400(3)(c)(xx)(A), 400(3)(c)(xx)(C), 400(3)(c)(xxii)(A), 

400(3)(c)(xxii)(B); 140(2)(c) IBR 045(1), 140(2)(d) IBR 045(1), 

140(2)(e) IBR 045(1), 140(2)(a) IBR 045(1), 140(2)(f) IBR 

045(1); 806(4)(a), 806(4)(c)(i), 806(4)(l)(iii)(O); 830(1). 


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TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM—Continued 

Regulatory 

checklist 1 Federal requirements Federal Register 

Analogous state authority—Washington’s Administrative Code 

(WAC) 

(WAC 173–303–* * *) 

214 2 ....................... Corrections to Errors in 

the Code of Federal 

Regulations.

71 FR 40254, 7/14/06 .... 040 ‘‘incompatible waste’’ definition; 040 ‘‘personnel or facility personnel’’ definition; 040 ‘‘universal waste’’ definition; 040 ‘‘used 

oil’’ definition; 525(2), 525(3) introductory paragraph; 016(5)(a); 

070(3); 016(5)(a)(i)(B); 071(3)(aa)(i)(B), 071(3)(aa)(ii), 

071(3)(aa)(ii)(A), 071(3)(aa)(ii)(B), 071(3)(aa)(ii)(C), 

071(3)(aa)(ii)(D), 071(3)(aa)(ii)(E), 071(3)(aa)(ii)(F), 071(3)(g)(i), 

071(3)(r)(ii)(F), 071(3)(r)(iii)(A); 120(3)(b), 120(3)(d), 120(3)(g), 

120(3)(f), 120(4)(c); 090(5)(a)(iii), 090(5)(a)(iii)(A), 

090(5)(a)(iii)(B), 090(5)(a)(iii)(B)(I), 090(5)(a)(iii)(B)(II), 

090(5)(a)(iii)(B)(III), 090(5)(a)(iii)(B)(IV), 090(5)(a)(iv), 

090(5)(a)(iv)(A), 090(5)(a)(iv)(B), 090(5)(a)(iv)(C), 

090(5)(a)(iv)(D), 090(5)(a) Note 1, 090(5)(a) Note 2, 090(5)(a) 

Note 3, 090(5)(a) Note 4, 090(8)(b); 9904 Footnote; 081(2)(a), 

81(2)(a)(i); 9903 Introductory, 9903; 081(1); 082(4) IBR 045(1); 

9905; 200(1)(b)(i), 200(1)(b)(ii), 200(1)(b)(iii), 200(1)(b)(iv), 

200(1)(b)(v); 230(1) IBR 045(1); 600(3)(f), 600(5); 280(2); 

300(5)(h)(iii)(B); 395(1)(a); 282(3)(g), 282(6)(c)(i)(A); 

645(8)(a)(i), 645(8)(a)(i)(A), 645(8)(i)(v), 645(9)(a)(ii), 

645(9)(g)(iv)(A), 645(10)(h)(ii); 64610(3); 610(2)(b), 610(3)(a)(ix), 

610(6), 610(9), 610(8)(c), 610(10)(b)(i)(B); 620(1)(d)(i), 

620(3)(c)(ii), 620(4)(b) IBR 045(1), 620(6)(b) IBR 045(1), 

620(8)(b) IBR 045(1), 620(10) IBR 045(1); 630(7)(a)(i); 

640(4)(c)(iv), 630(4)(d)(iv), 640(4)(e)(ii)(B), 640(4)(e)(ii)(C), 

640(4)(e)(ii)(E)(I), 640(4)(e)(ii)(E)(II), 640(4)(e)(iii)(A), 

640(4)(e)(iii)(B), 640(4)(g)(i)(C), 640(4)(g)(i)(D), 

640(4)(g)(ii)(A)(I); 650(2)(j)(i)(B), 650(2)(j)(iii)(B), 650(2)(I)(i), 

650(2)(I)(ii)(B), 650(2)(I)(ii)(C), 650(11)(b)(i), 650(4)(a)(ii); 

660(2)(a)(ii)(A)(I), 660(3)(a), 630(3)(b), 660(10)(b); 655(8)(a)(vii), 

655(8)(d), 655(12)(a); 665(2)(h)(ii), 665(2)(j)(ii)(B), 665(8)(a), 

665(8)(b), 665(9)(b)(i); 140(4)(b)(v)(B); 665(11)(a); 670(5)(b); 

64660(3)(d)(iii), 64660(3)(d)(iv)(F), 64660(3)(f)(ii)(E); 64680(5); 

64690 IBR 045(1); 646910(5)(f); 675(4)(a)(i), 675(4)(a)(iv)(A), 

675(4)(a)(v), 675(4)(b), 675(4)(m)(ii), 675(4)(m)(iii); 680(1), 

680(2)(a), 680(2)(b)(xi), 680(2)(c)(iv); 690(1)(c), 690(2) IBR 

045(1); 691(1)(f), 691(2) IBR 045(1); 692(1)(a), 692(1)(c), 692(2) 

IBR 045(1); 695 IBR 045(1); 380(2)(c), 380(2)(d); 400(2)(c)(ii); 

290(1)(a); 310(2)(b); 330(1)(c)(ii); 400(3)(a) IBR 045(1); 

360(2)(b); 400(3)(c)(viii), 400(3)(c)(ix)(G), 400(3)(c)(ix)(K), 

400(3)(c)(xviii)(C); 380(2)(c), 380(2)(d); 525(1)(a); 140(2)(a) IBR 

045(1); 803(2); 800(2); 802(2); 800(7)(c)(i); 040 ‘‘on-site’’ definition, 040 ‘‘publicly owned treatment works (POTW)’’; 806(12); 

810(13)(a); 803(3)(k)(vii); 806(4)(a); 282(6)(a)(i); 

806(4)(a)(xviii)(C), 806(4)(a)(xxvi), 806(4)(d)(vii), 806(4)(e)(ii), 

806(4)(e)(viii), 806(4)(g)(viii)(B)(vii)(A), 806(4)(g)(viii)(B)(vii)(B), 

806(4)(g)(viii)(B)(vii)(C), 806(4)(g)(viii)(B)(vii)(D), 806(4)(I)(iii)(O); 

815(3)(b); 282(2)(i); 830(4)(d)(ii)(A), 830 Appendix I; 805(1)(b), 

805(7)(b)(ii); 040 ‘‘Universal Waste’’ definition; 573(10)(a), 

573(21)(a); 515(2) IBR 045(1), 515(5)(e), 515(4) IBR 045(1), 

515(4) Table 1, 515(8) IBR 045(1), 515(9) IBR 045(1), 515(10) 

IBR 045(1), 515(11) IBR 045(1). 

215 2 ....................... Cathode Ray Tubes Rule 71 FR 42928, 7/28/06 .... 040 ‘‘cathode ray tube’’ definition; 040 ‘‘CRT collector’’ definition; 

040 ‘‘CRT glass manufacturer’’ definition; 040 ‘‘CRT processing’’ 

definition; 071(3)(oo)(i), 071(3)(oo)(ii), 071(3)(oo)(iii), 071(3)

(oo)(iv). 

217 2 ....................... NESHAP: Final Standards for Hazardous 

Waste Combustors 

(Phase I Final Replacement Standards 

and Phase II) Amendments.

73 FR 18970, 4/8/08 ...... 670(1), 670(1)(b)(i), 670(1)(b)(iii), 670(1)(b)(v). 

1 Regulatory Checklist is a document that addresses specific changes made to the Federal regulations by one or more related final rules published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization application and in documenting specific State regulations analogous to the Federal regulations. For more information on EPA’s RCRA State Authorization Guidance see 

http://www.epa.gov/epawaste/osw/laws-regs/State/index.htm. 2State rule contains more stringent provisions. For identification of the more stringent State provisions refer the Docket ID Number EPA–R10–

RCRA–2010–0251 for this action. 


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TABLE 2—STATE INITIATED CHANGES

State Citation— 

Washington’s Administrative 

Code (WAC) 

(WAC 173–303–* * *) 

Reason for change Analogous Federal 40 CFR citation 

030 ...................................... Clarification—Add acronyms (PODC, DRE, APTI, 

MACT, TEQ, CAMU, TU).

260 related. 

040 ...................................... Clarify definition for Closure—update to clarify closure 

applies to recyclers, some generators and some 

transporters.

262.10. 

040 ...................................... Compliance Procedure—removed the cited dates and 

added RCW title.

260 related. 

040 ...................................... Person definition—Updated to match Federal rule ......... 260.10. 

040 ...................................... Staging Pile definition—Updated to match Federal rule 260.10. 

040 ...................................... Surface Impoundment definition—Change language to 

reflect Federal definition by deleting the word ‘‘dangerous’’.

260.10. 

045 ...................................... Incorporation by reference updated to July 2007 ........... 260–280 related. 

070(7)(c) .............................. Clarify that counting exclusion applies to permit-by-rule 

(PBR), not to treatment by generator activity.

261/5(c) Intro. 

070(8)(d) ............................. Citations corrected for used oil burned for energy recovery.261.5 related. 

071(3)(cc)(ii) ........................ Deletion of incorrect NAICS codes—487110, 722310, 

425110.

261.4(a)(12)(i), 261.4(a)(12)(ii). 

081(1), 081(1)(a) and 

082(1).

Clarification on appropriate commercial chemical product waste code.261.33, 261.31(a). 

*083(2)(b)(iii)(A) & (B) ......... Clarification—SW–846 is incorporated by reference at 

110(3)(a).

261.35(b)(2)(iii)(A), 261.35(b)(2)(iii)(B). 

*090(5)(a)(i) and (6)(a)(i), & 

(iii).

Clarification—SW–846 test method is incorporated by 

reference at 110(3).

Updates to ASTM and NACE procedures .......................

261.21(a)(1), 261.22(a)(1), 261.22(a)(2). 

090(6)(a)(ii) ......................... Clarify that the NACE test method is the same as SW– 

846 Method 1110A.

261.22(a)(1) and (2). 

110 title ............................... First sentence revised by adding word ‘‘analytes’’ .......... 260.1, 270.6 related. 

110(2)(a)(vi), (2)(b) ............. Clarification on selection of sampling device ..................

Reference to AC&D liquid sample removed ...................

260.11, 261 (Appendix I, Index). 

*110(3)(a) ............................ Added ‘‘IIIB Update’’ and ‘‘Final Update IV’’ to SW 846 

reference.

260.11(a) through (g), related. 

110(3)(c) .............................. Chemical Testing Methods guidance revisions and updates.Previously authorized as and currently related to 40 

CFR 261 Appendix 1—Test Methods. 

*110(3)(f) ............................. Clarification—Use test methods in SW–846 Chapter 2 

for identifying toxic constituents.

260.11 Appendix III. 

110(3)(e) through (h) .......... Updated referenced test methods to latest revision date 260.11. 

110(3)(g)(x) ......................... Duplicate deleted [see 110(3)(g)(vii)] .............................. 260.11(15). 

110(5) .................................. Citation correction from ‘‘to approve’’ to ‘‘approval for 

the use of’’ an equivalent testing method by submitting a petition.

260.21. 

110(6) .................................. Clarification—Test method results need to be reported 

on a dry weight basis.

Technical clarification, consistent with and no less stringent than the Federal program, related to 260.21. 

110(7) .................................. ‘‘Ground-Water Monitoring List’’ Appendix IX to 40 CFR 

Part 264 is replaced with the version in Appendix 5 of 

the State’s ‘‘Chemical Testing Methods for Designating Dangerous Waste, Publication #97–407, June 

2009’’ which is incorporated by reference into the 

WAC at 173–303–110(1).

264 Appendix IX. 

120(4)(c) .............................. Correct second repeated (c)(vii) by renumbering as 

(c)(ix).

261.6(c)(2). 

*140(2)(a) ............................ Clarify that section 110 test methods must be used ....... 268 related, conforming change to reflect retention of 

use of SW–846 methods. 

140(4)(b)(iv)(B)(I) ................ ASTM Test method update ............................................. 264.314(e). 

200(1)(b)(ii) & (iii), ...............

200(4)(a)(iv)(A)(II) ...............

Delete ‘‘stress of installation’’ phrase and insert in 640 

and 675.

262.34(a)(1)Intro, 262.34(a)(1)(ii), 262.34(a)(1)(iii). 

200(1)(b)(iv) ........................ Correct the Federal references by substituting State citations for closure and financial assurance.

The word ‘‘shall’’ was changed to ‘‘must’’ .......................

262.34(a)(1)(iv). 

270(3) .................................. 49 CFR 171.16 reference—updated transporter spill reporting address and method.263.30(c)(2). 

281(4) .................................. Citations corrected from WAC 173–303–840 to WAC 

173–303–830.

124.31(a). 

*300(5)(f) ............................. Clarify that section 110 test methods must be where 

specific WAC citations are referenced.

264.13(b)(6); 265.13(b)(6); 264.73(b)(3); 265.73(b)(3), 

conforming change to reflect retention of use of SW– 

846 methods. 

310(1) .................................. Reworded to be consistent with Federal rule .................. 264.14; 265.14. 


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TABLE 2—STATE INITIATED CHANGES—Continued 

State Citation— 

Washington’s Administrative 

Code (WAC) 

(WAC 173–303–* * *) 

Reason for change Analogous Federal 40 CFR citation 

*380(1)(c) ............................ Clarify that section 110 test methods must be used 

where specific 40 CFR citations are referenced.

264.73(b)(3); 265.73(b)(3); conforming change to reflect 

retention of use of SW–846 methods. 

*380(1)(f) ............................. Add ‘‘incorporated by reference’’ for clarity and clarified 

that section 110 test methods must be used where 

specific WAC citations are referenced.

264.73(b)(6); 265.73(b)(6), conforming change to reflect 

retention of use of SW–846 methods. 

380(2)(c) .............................. Add ‘‘tons (2000 lbs)’’ to unit of measure Table 1 .......... 264 Appendix I (2) Table 1; 265 Appendix I (2) Table 1. 

400(2)(c)(xiv) .......................

400(2)(c)(xv) ........................

Language added for equivalence with Federal rule ........ 265.1(c)(5). 

400(3)(c) .............................. Added the word ‘‘qualified’’ to the description of an 

independent registered professional engineer. This 

occurs nineteen times in the sub subsection.

265 related—more stringent State requirement. 

*400(3)(c)(iii) ....................... Clarify that section 110 test methods must be used 

where specific 40 CFR 265 subparts are referenced.

265 related, conforming change to reflect retention of 

use of SW–846 methods. 

400(3)(c)(iv) Moved from 

(3)(c)(x).

Reference regarding Subpart B is changed because the 

only part of Subpart B that is incorporated by reference is 265.19.

265.19. 

400(3)(c)(xiii)(A) .................. Correction—the word carbonaceous replaces carcinogen.265.300 Subpart N—Landfills, related. 

505(1)(b)(iv) ........................ Citation corrected ............................................................. 266.20. 

506(3)(vii) ............................ Deleted CFC recycling exception from closure and financial responsibility requirements.264.110, 265.110 Subpart G related; 264.140, 265.140 

Subpart H related. 

510(1)(b)(i)(B) ..................... Correct internal citation .................................................... 260.30(b) Introduction, 260.30(b)(1), 266.100(b)(1). 

*515(3) ................................ Clarify that section 110(3) test methods must be used .. 279.10, conforming change to reflect retention of use of 

SW–846 methods. 

*515(4) ................................ Clarify that section 110(3) test methods must be used .. 279.11, conforming change to reflect retention of use of 

SW–846 methods. 

*515(8), (9), (10) and 

(13)(b).

Clarify that section 110(3) test methods must be used .. 279.40–47, 279.50–59, 279.60–67, 279.10, conforming 

change to reflect retention of use of SW–846 methods. 

610(3)(a)(ix), (3)(b)(ii)(D), 

(8)(b)(iv), and (8)(d)(ii)(D).

Citation corrected ............................................................. 264.112 related. 

610(6) & (11) ....................... Add ‘‘qualified’’ to PE description .................................... 264.115; 264.120—more stringent State requirement. 

610(12)(e), 620(1)(e)(ii) ...... Correction—change ‘‘resource reclamation units’’ to 

‘‘recycling units’’.

264.143. 

620(4)(d)(iv) ........................ Clarification that corporate guarantors are also subject 

to a minimum net worth criteria.

264.143. 

620(4)(c), 620(4)(e)(i), 

620(4)(f).

New financial instrument option—‘‘assigned security deposit’’ for used oil processors and recyclers.264.143. 

620(4)(d)(i) .......................... Clarification that used oil processors may use partially 

funded trust funds.

264.143. 

620(4)(d)(iv) ........................ Clarification that corporate guarantors are also subject 

to a minimum net worth criteria.

264.143. 

620(5)(c), 620(5)(d), 620(7) Edit—add hyphen to post-closure ................................... 264.143. 

*640(1)(b) ............................ Provide title for test method ............................................

Clarification that SW–846 is incorporated by reference ..

264.190. 

*645(4)(a) and (b) ...............

*645(9)(g)(ii), (iii) and (iv)(A) 

645(10)(g) ...........................

64610(4) ..............................

806(4)(a)(xx)(D)(II) ..............

Note that the 40 CFR 264 Appendix IX Ground-Water 

monitoring list is included as Appendix 5 in the 

‘‘Chemical Testing Methods for Dangerous Waste, 

Publication #97–407, June 2009’’, which is incorporated by reference at WAC 173–303–110(1).

264 Appendix IX. 

645(8)(c) .............................. Update reference to Chapter 173–160 WAC .................. 264.97(c). 

640(4)(c)(i) & 675(4)(a)(v) ... Relocate ‘‘stress of installation’’ phrase from 200 ........... 264.573. 264.193. 

64660(3)(d)(iv)(F) ................ Correct ‘‘SW846’’ to read ‘‘SW–846’’ ............................... 264.552 related (CAMU). 

665(13) ................................ New subsection ...............................................................

Added a reference to the liquid waste disposal provision 

in 140(4)(b).

264.314. 

*690 .....................................

*691 .....................................

Deleted proposed language requiring use of 110(3)(a) 

test methods.

264.1030, 264.1050 (Air Emissions for Vents, and 

Equipment Leaks). 

806(2)(a) ............................. Citation corrected ............................................................. 270.10. 

*806(4)(f)(iii)(A)(III) .............. Clarification that equivalent analytical techniques must 

be approved by ecology.

270.19. 

806(8) .................................. Updated permit application requirements for consistency with Federal rule and clarified that facilities must 

consult with Ecology about submittal of exposure information.

270.10(c). 

*807(2)(a)(iii) ....................... Clarification that equivalent analytical techniques must 

be approved by Ecology.

270.62. 

810(11)(c) ............................ Duplicate provision deleted ............................................. 270.30(j)(2). 

810(16) ................................ Citation corrected ............................................................. 270.30(m). 


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TABLE 2—STATE INITIATED CHANGES—Continued 

State Citation— 

Washington’s Administrative 

Code (WAC) 

(WAC 173–303–* * *) 

Reason for change Analogous Federal 40 CFR citation 

830(4)(b)(vii) ........................ Citation corrected ............................................................. 270.42(b) related. 

*910(2)(d) ............................ Clarify that approved equivalent test methods will be incorporated at 110(3).260.20(a), 260.21(d). 

910(3) .................................. Clarify that exemption petitions also go to EPA for Federal listed wastes.260.22(d)(1)(i). 

9901; 9902 .......................... Delete obsolete title ......................................................... 260 Appendix I, related. 

*These State citations were amended to clarify that SW–846 test methods must be used, or in some cases requiring the use of test methods 

specifically called out in WAC 173–303–110. 

G. Where are the revised State rules 

different from the Federal rules? 

This section does not discuss all the 

program differences, because in most 

instances Washington writes its own 

version of the Federal hazardous waste 

rules. This section highlights those more 

notable differences between the revised 

State rules and the Federal rules. The 

State regulations that EPA is authorizing 

are located in Tables 1 and 2 above, and 

by viewing the Docket. There are certain 

portions of the Federal program which 

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. For example, EPA does not 

delegate import/export functions. Under 

RCRA regulations found in 40 CFR part 

262, EPA will continue to implement 

requirements for import/export 

functions. However, the State rules 

found at WAC 173–303–230 reference 

EPA’s export and import requirements 

and the State has amended these 

references to include those changes 

promulgated in the Federal rule 

‘‘Corrections to Errors in the Code of 

Federal Regulation, (71 FR 40254, 

7/14/06)’’. 

The State did not adopt the Federal 

Methods Innovation Rule (70 FR 34537, 

6/14/05) which amended a variety of 

testing and monitoring requirements 

found in RCRA and removed from the 

Federal regulations a requirement to use 

the methods found in ‘‘EPA’s Test 

Methods for Evaluating Solid Waste, 

Physical/Chemical Methods,’’ also 

known as ‘‘SW–846’’ in conducting 

various testing and monitoring. The 

State retained the RCRA-related 

sampling and analysis requirement to 

use the testing methods found in ‘‘SW– 

846,’’ and EPA considers these changes 

to be state-initiated changes within the 

scope of Ecology’s existing 

authorization that are consistent with 

and no less stringent than the Federal 

program. (Note: The State does have an 

existing state-only petition process for 

deviating from ‘‘SW–846’’ for equivalent 

testing methods, found at WAC 173– 

303–110(5) which is not part of its stateonly rule and isn’t part of the federallyauthorized program. Additionally, in 

Table 2, above, those State citations 

identified with an asterisk (*) indicate 

those state provisions where ‘‘SW–846’’ 

testing methods must be used.) 

The State’s definition of ‘‘Designated 

facility’’, found at WAC 173–303–040, is 

equivalent to the Federal definition, 

found at 40 CFR 260.10, with the 

exception of one broader in scope 

phrase that is a state-only requirement. 

The broader in scope phrase that is not 

authorized is: ‘‘The following are 

designated facilities only for receipt of 

State-only waste; they cannot receive 

federal hazardous waste from off-site: 

Facilities operating under WAC 173– 

303–500(2)(c).’’ 

States are allowed to seek 

authorization for more stringent 

requirements than the Federal program. 

EPA has the authority to authorize and 

enforce those parts of a State’s program 

EPA finds to be more stringent than the 

Federal program. The State revised its 

previous federally authorized mercurycontaining equipment requirements 

with the adoption of the Federal Rule 

for Mercury-Containing Equipment 

Universal Waste (70 FR 45508, 8/5/06). 

The State’s revised mercury-containing 

equipment universal waste rule is more 

stringent than the Federal rule as the 

State regulates lamps at a lower 

accumulation limit than the Federal 

rule. Specifically, the State’s definitions 

of small and large quantity handlers of 

universal waste found at WAC 173– 

303–040 are more stringent than the 

Federal definitions found at 40 CFR 

273.9; and the State’s large quantity 

handlers of universal waste notification 

standards found at WAC 173–303– 

573(19)(b)(v) are more stringent than the 

Federal notification standards found at 

40 CFR 273.32(b)(5). Additionally, the 

State adopted some portions of the 

Federal Burden Reduction Initiative 

Rule (70 FR 16862, 4/4/06). The State’s 

rule retains many of the Federal 

requirements that were reduced by the 

Federal Burden Reduction Initiative 

Rule, and as a result those requirements 

retained by the State are more stringent 

than their Federal counterparts. The 

State’s definitions of ‘‘Cathode ray tubes 

(CRT) and CRT collector’’ found at WAC 

173–303–040 are more stringent than 

the Federal CRT definitions found at 40 

CFR 260.10, because the State defines a 

CRT to mean all categories of CRTs 

(intact, used and broken) and requires 

that all CRTs be managed (WAC 173– 

303–071(3)(oo)(i)–(iv)) under the same 

standards used in the federal program 

for used and broken CRTs (40 CFR 

261.39). 

H. Who handles permits after this 

authorization takes effect? 

After authorization, Washington will 

continue to issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. If EPA issued permits prior to 

authorizing Washington for these 

revisions, these permits would continue 

in force according to the terms of such 

permits until the effective date of the 

State’s issuance or denial of a State 

hazardous waste management permit, at 

which time, EPA would modify the 

existing EPA permit to expire at an 

earlier date, terminate the existing EPA 

permit for cause, or allow the existing 

EPA permit to otherwise expire by its 

terms, except for those facilities located 

in Indian Country. EPA will not issue 

any new permits, permit components, or 

new portions of permits for the 

provisions listed in Section G after the 

effective date of this authorization. EPA 

will continue to implement and issue 

permits for HSWA requirements for 

which Washington is not yet authorized. 

I. What is codification and is EPA 

codifying Washington’s hazardous 

waste program as authorized in this 

final rule? 

Codification is the process of placing 

the State’s statutes and regulations that 


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comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. This is done by 

referencing the authorized State rules in 

40 CFR part 272. EPA is reserving the 

amendment of 40 CFR part 272, subpart 

WW for this authorization of 

Washington’s program revisions until a 

later date. 

J. How does today’s action affect Indian 

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

Washington? 

EPA’s decision to authorize the 

Washington hazardous waste 

management program does not include 

any land that is, or becomes after the 

date of 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’’. Effective October 22, 1998 (63 

FR 50531, 9/22/98) the State of 

Washington was authorized to 

implement the State’s federallyauthorized hazardous waste 

management program on the non-trust 

lands within the 1873 Survey Area of 

the Puyallup Indian Reservation. The 

authorization did not extend to trust 

lands within the reservation. EPA 

retains its authority to implement RCRA 

on trust lands and over Indians and 

Indian activities within the 1873 Survey 

Area. 

K. Statutory and Executive Order 

Reviews 

This final rule revises the State of 

Washington’s authorized hazardous 

waste management program pursuant to 

section 3006 of RCRA and imposes no 

requirements other than those currently 

imposed by State law. This final rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Agency 

must determine whether the regulatory 

action is ‘‘significant’’, and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Executive Order defines ‘‘significant 

regulatory action’’ as one that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more, or adversely affect in 

a material way, the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. EPA has determined that this 

final rule is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 and is therefore not subject 

to OMB review. 

2. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., because this 

final rule does not establish or modify 

any information or recordkeeping 

requirements for the regulated 

community and only seeks to authorize 

the pre-existing requirements under 

State law and imposes no additional 

requirements beyond those imposed by 

State law. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing, and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An Agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in Title 40 of the CFR 

are listed in 40 CFR part 9. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of 

today’s final rule on small entities, 

small entity is defined as: (1) A small 

business defined by the Small Business 

Administration’s size regulations at 13 

CFR Part 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. I certify that this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

final rule will only have the effect of 

authorizing pre-existing requirements 

under State law and imposes no 

additional requirements beyond those 

imposed by State law. 

4. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995 (Pub. L. 

104–4) establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

Statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may result 

in expenditures and final rules with 

‘‘Federal mandates’’ that may result in 

expenditures to State, local, and tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any one year. Before promulgating an 

EPA rule for which a written Statement 

is needed section 205 of the UMRA 

generally requires EPA to identify and 

consider a reasonable number of 

regulatory alternatives and adopt the 

least costly, most cost-effective or least 

burdensome alternative that achieves 

the objectives of the rule. The 

provisions of section 205 do not apply 

when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective, 

or least burdensome alternative if the 

Administrator publishes with the rule 

an explanation why the alternative was 

not adopted. Before EPA establishes any 

regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 


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44152 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. Today’s 

final rule contains no Federal mandates 

(under the regulatory provisions of Title 

II of the UMRA) for State, local, or tribal 

governments or the private sector. It 

imposes no new enforceable duty on 

any State, local or tribal governments or 

the private sector. Similarly, EPA has 

also determined that this final rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small government entities. Thus, today’s 

final rule is not subject to the 

requirements of sections 202 and 203 of 

the UMRA. 

5. Executive Order 13132: Federalism 

This final rule does not have 

Federalism implications. It 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 various levels of 

government, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). This final rule authorizes preexisting State rules. Therefore, 

Executive Order 13132 does not apply 

to this final rule. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175 because EPA 

retains its authority over Indian 

Country. Therefore, Executive Order 

13175 does not apply to this final rule. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it 

approves a State program. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272), 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This final 

rulemaking does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this final rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This final rule does not 

affect the level of protection provided to 

human health or the environment 

because this rule authorizes pre-existing 

State rules which are equivalent to, and 

no less stringent than existing Federal 

requirements. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians—lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This final 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: July 21, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–18566 Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8139] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 


sroberts on DSKD5P82C1PROD with RULES