# • u.s. ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200

### SIXTH AVENUE SEATTLE, WASHINGTON 98101



### NOTICE OF PUBLIC COMMENT PERIOD AND PRoVISION fOR pUBLIC REARING



### TO CONSIDER OREGON APPLICATION FOR FINAL AUTHORIZATION OF A STATE HAZARDOUS WASTE MANAGEMENT PROGRAM**SU~1MARY:** 

### Environmental Protection Agency (EPA) regulations to protect'human health and the environment from the improper management of hazardous waste
were pub1

### i**she~** 

### in**~he** 

### Federal ReSister.on May -]9, 1980, (45 

### FR 33063)..:.:

.» 

### These regulatlons lnclude provislons for authorization of State hazardous waste management programs to operate in lieu afthe Federal program. The State of Oregon has submitted an application**fo~** 

### authorization of its program, and EPA has made a tentative determination to authorize the program. Today EPA is announcing the**availab1f~ty** for' 

### publtc 

### review of the Oregon application, and inviting public**commen~~on** 

### the application and on

. EPAls tentative determi.nation.

. . PUBLIC COMMENT PERIOD: Comments on the application and on EPAls tentative determination must be received by EPA no later than January 7, 1986. 

### Written comments shouldbe submitted to David Hanline, 

### MIS 530, 

### U.S. EPA Region 10, 1200

### Sixth Avenue, Seattle, Washington 98101, (206) 442-2858.



### COPIES OF THE APPLICATION: Copies of the application are available during business hours at the following locations for:public inspection and copying:

U.S. EPA Oregon Operations: {)ffice 522 

### S.W. Fifth Avenue Portland, Oregon (503) 221-3250 

### Oregon Department of Environmental Quality 522 

### S.W. Fifth Avenue Portland, Oregon (503) 229-5254



## u.s. EPA Region 10 

### Library 1200 

### Sixth Avenue Seattle, Washington (206) 442-1259



## u.s. EPA Headquarters Library 401 

### MStreet, S.W. Washington, D.C. (202) 382-5926

# ,.

--.' PUBLIC HEARING: If sufficient· public interest is expressed, EPA will hold a public hearing to receive comments on the Oregon application and EPA's tentative detennination. Written or telephone communication expressing an ,., .. interest in'ho1ding a hearing shou1d be conmunicated to David Hanline, as' ", indicated.above, no later than December 30, 1985.
A hearing is tentatively scheduled for January 7, 1986, at 10:00 a.m. at the Portland Building, Meeting Room C, 1120 S.W. Fifth Avenue, Portland, Oregon. By January 2, 1986, EPA will decide whether sufficient public interest has been expressed to hold a hearing. To find out whether a hearing will beheld, contact either David Hanline, as indicated above, or Michael Gearheard, U.S. EPA Oregon Operations Office, 522 S.W. Fifth Avenue, Portland, Oregon, (503) 221-5250, on or after January 2, 1986.

SUPPLEMENTARY INFORMATION: Section 3006 of the' Resource Conservation and Recovery Act ,(RCRA) allows EPA to authorize State hazardous waste programs to operate in lieu of the Federal hazardous waste program. Two types of authorization may be granted. The first is "fnterim authorization, II a temporary authorization which is granted if EPA determines that' the State program is "substantially equivalent" to the Federal program. On the other hand, "fina1 authorizat!on II is granted by EPA if the Agency fi nds that the State program: (1) is "eq uivalent" to the Federal program, (2) is ' consistent with the Federal program and other' State programs, and (3) provides for adequate enforcement. Requiremerits for final authorization appear at 40 CFR 271.1-271.23.

. The State of Oregon receivedinterim autliO'rization for a portion of the Federal program on July 16, 1981. Furthermore, the State has participated with EPA in the implementation of the remainder'of the program (pertaining to permit development and issuance). The State submitted an application for final authorization on June 1,1984. At that time, EPA requested clarification from the State on several**aspect~of** its application. Of principal concern to EPA, the State had not yet demonstrated that ' requirements equivalent to the Federal interim status standards were applicable to facilities which had not yet been issued RCRA permits. Furthermore, the State IS compliance and enforcement programs were not discussed 1n sufficient detail. In addition, the State's program included a statutory provision requiring that five-days notice be given prior to

. assessment of civil penalties. With this provision, the State was not able to demonstrate that penalties could be assessed for all violations of hazardous waste requfrements. The State has addressed these concerns to EPA's satisfaction through**addend~** to the application submitted to EPA on

.August 30 1985. In addition to reviewing the app1ication,EPA evaluated

the State's capability to implement an equivalent hazardous waste program, and determined that this capability exists.

Thus .EPA has.tentettvely determined that the State's prcqrammeets all of the requirements necessary to qualify for final authorization, and intends to grant final authorization to Oregon to operate its program in 1ieu of the Federal regulatory program, as promulgated throughApri1 30, 1985, pursuant to RCRA. The authorized program would therefore include two regulatory promulgations pursuant to the Hazardous and Solid Waste Amendments of 1984**(HSWA}~~the** listing of dioxin-containing wastes (50 FR**1978},:and_:_~he** paint filter liquids test (50 FR 18370). Other

_**requirements~and,prohibitions** from theHSWA willibe**impleme~ted** by EPA until

the State'-seeks and is granted author!zation for these provisions , Thus, after this authorization there would still be a dual State/Federal regulatory program in Oregon. -,

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# e-**~~Ernesta** B. Barnes Regional Administrator Date