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VICTOR ATIYEH

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OFFICE OF THE GOVERNOR

STATE, CAPITOL

SALEM. OREGON 973 10

September l~, 1980

Donald P. Dubois, Regional Administrator

EPA, Region X

1200 Sixth Avenue

Seattle, w.A 98101

'Re: HW 1.21

Interim Authorization--Hazardous Waste Program

Attached please find Oregon's application for Phase I Interim Authorization

to operate a State Hazardous Waste Management Program in lieu of a federal

program. We believe we have demonstrated that Oregon has a "substantially

equivalent" program and are expecting your concurrence by November 19,

'1980, so that duplicative programs will not be implemented after that ~ate.

As you know, developing and implementing a hazardous waste management

program is a very arduous process. Oregon's program has been some 10 years

) in its development, yet i~ was not possible to accurately anticipate or

predict provisions of your May 19 and July 16, 1980, promulgations.

However, for the hazardous wastes generated in Oregon, specifically, and

the Pacific Northwest, generally, we believe we manage a "substantially

, equivalent" universe of generators, transporters, management facilities

and wastes. Further, we also own, and license for private operation,

one of the few regional hazardous waste disposal sites in the Pacific

Northwest thereby providing the public and industry with an authorized

site for the disposal of their hazardous waste.

In EPA's zeal to demonstrate to C~ngress that you've got an operational

program, we hope you take advantage of authorizing programs such as

Oregon's. EPA's number one priority must be to complete promulg~~~pn of

its Phase II program requirements so that states 'such as Oregon can

reasonably and expeditiously upgrade their programs for final

authorization.

Rather than getting bogged down in narrow, legalistic interpretations of

"substantially equivalent," we hope you will take full advantage of the

discretion provided by Congress to keep the momemtumgoing in states with

adopted and funded programs. In this era of scarce financial and manpower

resources it is critical that we complement, not duplicate, our efforts for

maximum effectiveness•

I'm prepared ,to introduce the necessary legislation to the 1981 Legislature

so that Oregon can continue to be a leader and apply for final

authorization within the two-year deadline set by Congress.
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Mr. Dubois

Page 2

September 16, 1980

If there are any questions, or if you need additional information please·

contact Department of Enviro~ental Quality Director, Bill Young.

t~erjlY __ U.... : ----------...

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RPR:fc

ZFl02 (2)

cc: Mark O. Hatfield, Senator

Bob Packwood, Senator

Les AUCoin, Representative

Al Ullman, Representative

Robert B. Duncan, Representative

Jim Weaver, Representative

Douglas Costle, Administrator-EPA

Steffen Plehn, Deputy Assistant Administrator-EPA

Bill Young, Director-DEQ
57..\TE ':;..PI rOL

..; ; 1. ., :.1. <JREG 0 i I '.J.' J I 1)

Hearings Officer

EPA - Region X

1200 Sixth Ave.

Seattle, Washington 98101

Subject: Public Hearing to Consider Oregon Application for Interim Authorization

of a State Hazardous Waste Control Program

November 17, 1980

I have had an opportunity to review the testimony the Depa=tment of Environmental

Quality is proposing regarding the request for "interim authorization" of the

State of Oregon hazardous waste program.

As a leader with strong, fair and reasonable environ~ental regulation, this

State has had an operating program in hazardous waste for the past several

years.

He have pr oceeded to make changes in statutes and rules in order ·that the

State ~ay eventually accept full authorization to administer the federal

hazardous waste program as well. However, we continue to be frustrated by

the constant ar.d continuing changes in the federal regulations to which we

must be judged equivalent. This moving target ~roblem is one that severely

stresses the relations between the states and EPA.

Certainly some changes are going to be made as new programs are iffiplemented,

and that is precisely why Congress provided for "interim authorization" of

state programs. The test becomes one then of "substantial equivalence" allowing

room for variations from state to s t.ace .

a state which has been a·leader in this area, which has its own hazardous

waste program -- an operating program, not a plan for a program -- Oregon

should clearly be eligible for "interim authorization". To not grant such

authorization would subject the industries of this State to duplicative

regulatory programs. That is not acceptable to me.

If EP.::>' expects this State to continue to be the implementor of its mandates,

then EPA needs to support, stre~gthen and nurture a partnership that I

perceive is becoming strained. Such strain can only lead to a weakening

in the overall environmental quality achievements in which we all have a

stak e .
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Hearings Officer

EPA - Region X

Page 2

November 17, 1930

I request you grant interim au~~orization status to Oregon as seon as possible.

I will then commit to obtain the necessary legislative changes so we may

achieve full authorization.

VA:vt

cc: Bill Young, Director, DEQ

Don Dubois, Regional Administrator

EPA, Region X

. Doug Costle, Administrator, EPA

Honorable Mark Hatfield

Honorable Bob Packwood

Honorable Al Ullman

Honorable Les AuCoi~

Honorable Robert Duncan

Honorable. Jim Weave~