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

relations. Penalties, Reporting and recordkeeping requirements, Water pollution control, Watersupply.

Authority: TIhis notice is issued under the authority bfsections Z002(a), 3006, and 7004(b) ofthe Solid Waste Disposal Act as amended 42U.S.C. 6912(a), 6926,69741b).

Dated: January 9,198. Michael R.Deland, Regional Administrotor. ,[FRDoc.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 StateHazardous Waste Management Program
AGENCY: Environmental Protection Agency. ACTION: Notice offinal determination on Washington's application for final authorization.

SUMMARY: The State ofWashington has applied for finalauthrorization under the Resource Conservation and Recovery Act (RCRA). EPAhas reviewed Washington's application and has reached a final determination that Washington's hazardous waste program satisfies all oftherequirements
necessary to qualifyfor final authorization. Thus,EPA isgranting final authorization to the State to operate its program, in lieu ofthe 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. EFFECTIVEDATE: Final Authorization for Washington shall be effective at 1p.m. e.s.t. on January 31, 1986.
FOR FURTHER INFORMATION CONTACT:. Michael A. Bussell, M/S 530,U.S. EPA Region 10, 1200 SixthAvenue, Seattle, WA 98101, (206) 442-2857, (F S 399- 

### 2857).
SUPPLEMENTARY INFORMATION:

1.Background

Section 3006 ofthe Resource Conservation and Recovery Act (RCRA) allows EPA to authorize State hazardous wasteprograms to operate in lieu of the Federal hazardous waste program. To .qualifyfor 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 forfinal authorization. On December 6, 1985, EPApublished 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 ofthe application for public review and comment. EPA also announced thata public hearing would be held if sufficient public interest was expressed.

11. Responseto Public Comments

On December 6, 1985, (50 FR 49949), a notice was published in the Federal Register thatinvited thepublic tosubmit written comments on the Washington application by January 6,1986, and provided for a public hearing if sufficientpublic interest was expressed in holding a hearing. In addition, EPA published the notice ofdetermination in

a sufficient number ofnewspapers of general circulation to ensure state-wide
coverage. Further,EPA mailed these notices to persons on State and EPA mailing lists.

Sufficient publicinterest in holding a public hearing was not expressed, thus,

a hearing was not held. However, several writtencomments were received, none ofwhich opposed EPA's tentative determination. One commentor supported EPA's tentative determination citing considerable benefit to both the pul~lic andregulated community. Another commentor, while not opposing EPA's tentative decision, expressed

concern onthe appropriateness ofState 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 ofjurisdiction is insufficient for EPA to authorize the State's program fornonIndian hazardous waste management activites on Indian lands, and EPA's tentative decision to retain jurisdiction forregulation ofall hazardous management activities on Indian lands.

Priorto publishing its tentative determination to authorize Washington, EPA conducted a capability assessment of the State's hazardous waste compliance and enforcement programs. As theresult, EPA found that Washington has made significant
progress in the implementation oftheir compliance and enforcement programs in the fiscal year (FY) 1985. More specifically, substantial improvement was'demonstrated in tie quality of compliance inspections and inthe appropriateness andtimeliness 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 andenforcement efforts, the State and EPA have jointly developed and signed a LetterofIntent that addresses specificState and EPA
measures, along with schedules, to enhance State compliance and enforcement program capabilities over time.

Afterauthorization, EPA will continue
tomaintain anoversight role in Washington to assure that the goals of RCRA are beingmet. EPA will maintain its oversightrole in part through the Federal grant process which requires periodicevaluations ofState performance andwhich 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 timelyor appropriate, EPA will exercise this authority.

IlL. Decision

After reviewing public comments, I conclude that Washington's application for final authorization meets all ofthe statutory andregulatory requirements established by RCRA. Accordingly, Washington is granted final authorization to operate its hazardous
waste program in lieu ofthe 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 forpermitting treatment, storage and disposal facilities within its borders and carrying out the other aspects ofRCRA program, subject to the HSWA. Washington also has primary enforcement responsibility, although EPA retains the right to gather' information andconduct inspections under Section 3007 ofRCRA andto take enforcement actions under Sections 3008,3013, and 7003 ofRCRA. Washington is not authorized by the Federal government tooperate the

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### Federal Register / Vol. 51, No. 20 / Thursday, January 30, 1986 

## / Rules and Regulations 

### 7

RCRA program on Indian lands; this authority remains withEPA.

As stated above, Washington's authority to operate a hazardous waste program under Subtitle CofRCRA 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 ofthe EPA.The Federal requirements no longer applied in the authorized State, and EPA could not issue permits forany facilities the Statewas authorized to permit. When
new, more stringentFederal requirements were promulgated or enacted,the State was obligated to enact equivalent authority within specified timeframes. New Federal requirements did not take effect in an authorized State untilthe State adopted therequirements 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 thoserequirements and prohibitions in authorized States, including the issuance offull 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 oftheHSWA, there willbe

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 ofthe 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 orprohibition, the Stateprogram in the area wilkoperate in lieu ofthe Federal program. Washington is not being authorized today forany requirement implementing the HSWA. Until that time the State may assist EPA's implementation ofthe HSWA under a Cooperative Arrangement. Any Staterequirement that is more stringent than a HSWA provision also remains in effect; thus,the universe ofthe more stringent provisions in the HSWA and the approved State program define the applicable RCRA Subtitle C requirements inWashington.

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. IndianLands
In the final authorization application. the State has asserted authority and intent toregulate hazardous waste management activities on Indian lands. The State alsoasserted 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 ofAppeals; the Ninth Circuit upheld EPA's decision (Department ofEcology v.EPA, 752F 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 .jurisdictionfor regulation ofhazardous 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

40CFR 23.4provides that the grant of final authorization under Section 3006 takes effect two weeks after the dateof theFederal Register publication unless theFederal Register notice specifically provides otherwise. Ihave 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 ofthe RCRA program. Because interim authorization expires by statute on January 31,1980, Washington must have final authority to administer the RCRA program on thatdate or the program will revert to EPA.To avoid theproblems caused by a short term reversion, Ihave decided to shorten the period during which mydecision will take effect. Compliance With Executive Order 12291

TheOffice ofManagement and Budget has exempted thisrule from the requirements ofsection 3 ofExecutive Order 12291.


### Certification Under theRegulatory Flexibility Act

Pursuant to theprovisions of5 U.S.C. 605(b), Ihereby certify that this authorization will nothave a significant economic impact on a substantial number ofsmall entities. The authorization effectively suspends the applicability ofcertain Federal regulations in favor ofWashington's , program, thereby eliminating duplicative requirements forhandlers ofhazardous
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 ofSubjects 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: Thisnotice is issued under the authority ofsections 2002(a), 3006, and 7004(b) of theSolid 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 Authorizationof State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency. ACTION:Notice of final determination on Wisconsin's application forfinal 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 forRCRA final authorization. U.S. EPA is granting final authorization to the State ofWisconsin
to operate itshazardous waste managemeni program, in lieu ofthe Federal program, subject to the , limitations on itsauthority 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, SolidWaste Branch, U.S. EPA, Region V, 230 South Dearborn, Chicago, Illinois, 60604, (312) 886-4177 (FTS: 8-886-4177). 

### I, 3783

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