3782 Federal Register / Vol. 51, No. 20 1 Thursday January 30, 1986 / Rules and Regulations

relations. Penalties, Reporting and

recordkeeping requirements, Water

pollution control, Water supply.

Authority: TIhis notice is issued under the

authority bf sections Z002(a), 3006, and

7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926,69741b).

Dated: January 9,198.

Michael R. Deland,

Regional Administrotor.

,[FR Doc. 88-2033 Filed 1-29-6; 8:45 am]

WUNG 00M is5-W

40 CFR Part 271

[SW-10-FRL-2963-51

Washington; Final Authorization of

State Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

Washington's application for final

authorization.

SUMMARY: The State of Washington has

applied for final authrorization under

the Resource Conservation and

Recovery Act (RCRA). EPA has

reviewed Washington's application and

has reached a final determination that

Washington's hazardous waste program

satisfies all of the requirements

necessary to qualify for final

authorization. Thus, EPA is granting

final authorization to the State to

operate its program, in lieu of the

Federal hazardous waste program in its

jurisdiction, subject to the limitations

imposed by the Hazardous and Solid'

Waste Amendments of 1984 (Pub. L 98-

616, November 8, 1984) (HSWAJ.

EFFECTIVE DATE: Final Authorization for

Washington shall be effective at 1 p.m.

e.s.t. on January 31, 1986.

FOR FURTHER INFORMATION CONTACT:.

Michael A. Bussell, M/S 530, U.S. EPA

Region 10, 1200 Sixth Avenue, Seattle,

WA 98101, (206) 442-2857, (F S 399-

2857).

SUPPLEMENTARY INFORMATION:

1. Background

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. To .qualify for final

authorization, a State's program must:

(1) B "equivalent" to the Federal

program, (2) be consistent with the

Federal program and other State

programs, and (3) provide for adequate

enforcement (Section 3006(b) of RCRA,

42 U.S.C. 6926(b)).

On July 2, 1984, Washington submitted

an official application for final

authorization. On December 6, 1985,

EPA published a tentative decision

announcing its intent to grant

Washington final authorization. Further

background information on EPA's

tentative decision to grant final

authorization appears at 50 FR 49949,

December 6, 1985.

In addition to announcing its tentative

determination, EPA announced the

availability of the application for public

review and comment. EPA also

announced that a public hearing would

be held if sufficient public interest was

expressed.

11. Response to Public Comments

On December 6, 1985, (50 FR 49949), a

notice was published in the Federal

Register that invited the public to submit

written comments on the Washington

application by January 6,1986, and

provided for a public hearing if

sufficient public interest was expressed

in holding a hearing. In addition, EPA

published the notice of determination in

a sufficient number of newspapers of

general circulation to ensure state-wide

coverage. Further, EPA mailed these

notices to persons on State and EPA

mailing lists.

Sufficient public interest in holding a

public hearing was not expressed, thus,

a hearing was not held. However,

several written comments were

received, none of which opposed EPA's

tentative determination. One commentor

supported EPA's tentative determination

citing considerable benefit to both the

pul~lic and regulated community.

Another commentor, while not opposing

EPA's tentative decision, expressed

concern on the appropriateness of State

enforcement actions and State

compliance inspection capability. This

commentor also stated the need for a

strong Federal compliance and

enforcement oversight role in

Washington, after authorization. Finally,

four commentors supported EPA's

decision that the State's demonstration

of jurisdiction is insufficient for EPA to

authorize the State's program for nonIndian hazardous waste management

activites on Indian lands, and EPA's

tentative decision to retain jurisdiction

for regulation of all hazardous

management activities on Indian lands.

Prior to publishing its tentative

determination to authorize Washington,

EPA conducted a capability assessment

of the State's hazardous waste

compliance and enforcement programs.

As the result, EPA found that

Washington has made significant

progress in the implementation of their

compliance and enforcement programs

in the fiscal year (FY) 1985. More

specifically, substantial improvement

was'demonstrated in tie quality of

compliance inspections and in the

appropriateness and timeliness of

enforcement follow-up. Furthermore, in

FY 85, the State developed an

enforcement response policy that

provides for consistent and predictable

enforcement response. To assure

continued improvement in State

compliance inspection and enforcement

efforts, the State and EPA have jointly

developed and signed a Letter of Intent

that addresses specific State and EPA

measures, along with schedules, to

enhance State compliance and

enforcement program capabilities over

time.

After authorization, EPA will continue

to maintain an oversight role in

Washington to assure that the goals of

RCRA are being met. EPA will maintain

its oversight role in part through the

Federal grant process which requires

periodic evaluations of State

performance and which will provide the

support and incentives to assure a

quality State program and continued

enhancement of State capabilities.

Additionally, EPA retains the authority

to conduct independent inspections,

collect information and initiate

enforcement actions. In instances where

State enforcement is not timely or

appropriate, EPA will exercise this

authority.

IlL. Decision

After reviewing public comments, I

conclude that Washington's application

for final authorization meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Washington is granted final

authorization to operate its hazardous

waste program in lieu of the Federal

regulatory program promulgated up to

December 31. 1984, pursuant to RCRA,

42 U.S.C. 6901 et seq., subject to the

limitations on its authority imposed by

the Hazardous and Solid Waste

Amendments of 1984 (Pub. L. 98-16,

November 8,1984) (HSWA). This means

that Washington now has the

responsibility for permitting treatment,

storage and disposal facilities within its

borders and carrying out the other

aspects of RCRA program, subject to the

HSWA. Washington also has primary

enforcement responsibility, although

EPA retains the right to gather'

information and conduct inspections

under Section 3007 of RCRA and to take

enforcement actions under Sections

3008,3013, and 7003 of RCRA.

Washington is not authorized by the

Federal government to operate the

HeinOnline -- 51 Fed. Reg. 3782 1986
Federal Register / Vol. 51, No. 20 / Thursday, January 30, 1986 / Rules and Regulations 7

RCRA program on Indian lands; this

authority remains with EPA.

As stated above, Washington's

authority to operate a hazardous waste

program under Subtitle C of RCRA is

limited by the November 1984 HSWA

amendments to RCRA. Prior to that

date, a State with final authorization

administered its hazardous waste

program entirely in lieu of the EPA. The

Federal requirements no longer applied

in the authorized State, and EPA could

not issue permits for any facilities the

State was authorized to permit. When

new, more stringent Federal

requirements were promulgated or

enacted, the State was obligated to

enact equivalent authority within

specified time frames. New Federal

requirements did not take effect in an

authorized State until the State adopted

the requirements as State law.

In contrast, under section 3006(g) of

RCRA, 42 U.S.C. 6926(g), new

requirements and prohibitions imposed

by the HSWA take effect in authorized

States at the same time as they take

effect in non-authorized States. EPA is

directed to carry out those requirements and prohibitions in authorized States,

including the issuance of full or partial

Federal permits, until the State is

granted authorization to do so. While

States must still, adopt HSWA-related

provisions as State law to retain final

authorization, the HSWA applies in

authorized States in the interim.

As a result of the HSWA, there will be

a dual State/Federal regulatory program

in Washington. To the extent the;

authorized State program is unaffected

by the HSWA, the State program is

authorized to operate in lieu of the

Federal program. Where HSWA-related

requirements apply, however, EPA will

administer and enforce them in

Washington until the State receives

authorization to do so. When

Washington is authorized to implement

a HSWA requirement or prohibition, the

State program in the area wilkoperate in

lieu of the Federal program. Washington

is not being authorized today for any

requirement implementing the HSWA.

Until that time the State may assist

EPA's implementation of the HSWA

under a Cooperative Arrangement. Any

State requirement that is more stringent

than a HSWA provision also remains in

effect; thus, the universe of the more

stringent provisions in the HSWA and

the approved State program define the

applicable RCRA Subtitle C

requirements in Washington. EPA has published a Federal Register

notice that explains in detail the HSWA

and their effect on authorized States.

That notice was published at 50 FR

28702-28755, July 15, 1985.

IV. Indian Lands

In the final authorization application.

the State has asserted authority and

intent to regulate hazardous waste

management activities on Indian lands.

The State also asserted such authority in

its interim authorization apolication. For

interim authorization; EPA concluded

that the State had not adequately

demonstrated it had such authority. In

granting interim authorization, EPA

therefore retained jurisdiction for

regulating hazardous waste - management activities on Indian lands.

The State appealed this decision to the

Ninth Circuit Court of Appeals; the

Ninth Circuit upheld EPA's decision

(Department of Ecology v. EPA, 752 F 2d

1465 (1985)). Based on the Court's

decision, the State amended their

application to focus their assertion on

authority to cover non-Indian hazardous

waste management activities on Indian

lands. EPA will therefore retain

.jurisdiction for regulation of hazardous

waste management activities on Indian

lands. EPA view "Indian lands" to mean

all lands (including fee lands) within

Indian reservations, dependent Indian

communities, and Indian allotments to

which Indians hold title.

V. Effective Date

40 CFR 23.4 provides that the grant of

final authorization under Section 3006

takes effect two weeks after the date of

the Federal Register publication unless

the Federal Register notice specifically

provides otherwise. I have determined

that a different effective date, january

31,1986, is necessary in this instance.

Washington currently has interim

authorization for Phase 2 A and B of the

RCRA program. Because interim

authorization expires by statute on

January 31,1980, Washington must have

final authority to administer the RCRA

program on that date or the program will

revert to EPA. To avoid the problems

caused by a short term reversion, I have

decided to shorten the period during

which my decision will take effect.

Compliance With Executive Order 12291

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. The

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Washington's , program, thereby eliminating duplicative

requirements for handlers of hazardous

waste in the State. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40.CFR Part 271

Administrative practice and

procedure, confidential business

information, Hazardous matdrials

transportation. Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,"

-Wa ter supply.

Authority: 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, 694(b).

Dated: January 27, 1986.

Ernesta Barnes,

Regional Administrator.

[FR Doc. 86-2035 Filed 1-29-86; 8:45 am]

BILUPIG CON 6560-5044

40 CFR Part 271

(SW-5-FRL-2963-3

Wisconsin: Final Authorization of State

Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency.

ACTION:Notice of final determination on

Wisconsin's application for final

authorization,

SUMMARY: Wisconsin has applied for

final authorization under the Resource

Conservation and Recovery Act, as

amended (RCRA). The United States

Environmental Protection Agency (U.S.

EPA) has reviewed Wisconsin's

application and found it includes all

information necessary for RCRA final

authorization. U.S. EPA is granting final

authorization to the State of Wisconsin

to operate its hazardous waste

managemeni program, in lieu of the

Federal program, subject to the ,

limitations on its authority imposed by

the Hazardous and Solid Waste

Amendments of 1984 (HSWA).

EFFECTIVE DATE: The final authorization

for Wisconsin takes effect 1:00 p.m.,

Eastern Standard Time on Janaury 31,

1986.

FOR FURTHER INFORMATION CONTACT.

Charles Wilk, Wisconsin Regulatory

Specialist, Solid Waste Branch, U.S.

EPA, Region V, 230 South Dearborn,

Chicago, Illinois, 60604, (312) 886-4177

(FTS: 8-886-4177).

I , 3783

HeinOnline -- 51 Fed. Reg. 3783 1986