# • VICTOR ATIYEH



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•

"-' OFFICE OF THE GOVERNOR STATE, CAPITOL SALEM. OREGON 973 10 

### September**l~,** 

### 1980
DonaldP. Dubois, Regional Administrator EPA, Region X 1200 SixthAvenue Seattle, 

### w.A 98101

'Re: HW 1.21 InterimAuthorization--HazardousWaste Program Attached please find Oregon's application for Phase I InterimAuthorization to operate a State HazardousWaste ManagementProgram inlieu of a federal program. We believe we have demonstrated thatOregon 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 programhas been some 10 years ) in its development, yet**i~** 

### was not possible to accurately anticipate or

predict provisions ofyour May 19 andJuly 16, 1980, promulgations. However, for the hazardous wastes generated in Oregon, specifically, and the PacificNorthwest, generally, webelieve 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 prioritymustbe 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," wehope 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 andmanpower resources it is critical that wecomplement, not duplicate, our efforts for maximum effectiveness• I'mprepared,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 Ifthere are any questions, or ifyou need additional informationplease· contactDepartment of**Enviro~ental** 

### QualityDirector, Bill Young.

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### RPR:fc ZFl02 (2)

cc: Mark O. Hatfield, Senator BobPackwood, Senator Les AUCoin, Representative Al Ullman, Representative RobertB. Duncan, Representative JimWeaver, Representative Douglas Costle, Administrator-EPA Steffen Plehn, Deputy AssistantAdministrator-EPA Bill Young, Director-DEQ57..\TE ':;

..PI rOL ..;; 1.., :.1. <JREG0 iI '.J.' J I 1)
Hearings Officer EPA

- Region X 1200 Sixth Ave. Seattle, Washington 98101 Subject: Public Hearing to Consider Oregon Application for InterimAuthorization 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 proceeded 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 st.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 stake .

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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 DonDubois, Regional Administrator EPA, Region X . DougCostle, Administrator, EPA

Honorable Mark Hatfield Honorable Bob Packwood Honorable Al Ullman Honorable Les**AuCoi~** Honorable Robert Duncan Honorable.Jim**Weave~**