7736 Federal Register / Vol. 61, No. 41 / Thursday, February 29, 1996 / Rules and Regulations

List of Subjects in 40 CFR Parts 180 and

186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Pesticides and pests,

Reporting and recordkeeping

requirements.

Dated: February 15, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR parts 180 and 186

are amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

b. In § 180.472, by amending the table

in paragraph (a) by adding and

alphabetically inserting the following

new entries and by removing and

reserving paragraph (b), to read as

follows:

§ 180.472 1-[(6-Chloro-3-pyridinyl)methyl]-Nnitro-2-imidazolidinimine; tolerances for

residues.

(a) * * *

Commodity Parts per

million

* * * * * * *

Cotton, gin byproducts .............. 4.0

Cottonseed ................................ 6.0

* * * * * * *

(b) [Reserved]

* * * * *

PART 186—PESTICIDES IN ANIMAL

FEED

2. In part 186:

a. By revising the heading of part 186

to read as set forth above.

b. The authority citation for part 186

is revised to read as follows:

Authority: 21 U.S.C. 342, 348, and 701.

c. In § 186.900, by revising paragraph

(b), to read as follows:

§ 186.900 1-[(6-Chloro-3-pyridinyl)methyl]-

N-nitro-2-imidazolinimine; tolerances for

residues.

* * * * *

(b)(1) A maximum residue level

regulation is established for residues of

the insecticide 1-[(6-choro-3-

pryidinyl)methyl]-N-nitro-2-

imidazolidinimine in or on the

following feed resulting from

application of the insecticide to cotton:

Feed Parts per

million

Cottonseed meal ....................... 8.0

(2) The regulation in paragraph (b)(1)

of this section reflects the maximum

level of residues in cottonseed meal

consistent with use of 1-[(6-chloro-3-

pyridinyl) methyl]-N-nitro-2-

imidazolidinimine on cotton in

conformity with § 180.472 of this

chapter and with the use of good

manufacturing practices.

* * * * *

[FR Doc. 96–4392 Filed 2–28–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 271

[FRL–5423–2]

Washington; Final Authorization of

State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Washington has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA).

The Environmental Protection Agency

(EPA) has reviewed Washington’s

application and has made a decision,

subject to public review and comment,

that Washington’s hazardous waste

program revision satisfies all of the

requirements necessary to qualify for

final authorization. Thus, EPA intends

to approve Washington’s hazardous

waste program revisions. Washington’s

application for program revision is

available for public review and

comment.

DATES: Final authorization for the State

of Washington shall be effective April

29, 1996, unless EPA publishes a prior

Federal Register action withdrawing

this immediate final rule. All comments

on the State of Washington’s program

revision application must be received by

the close of business April 1, 1996.

ADDRESSES: Copies of the State of

Washington’s program revision

application are available during normal

business hours at the following

addresses for inspection and copying:

U.S. Environmental Protection Agency,

Region 10, Library, 1200 Sixth Avenue,

Seattle WA 98101, contact: (206) 553–

1259; Washington Department of

Ecology, 300 Desmond Drive, Lacey WA

98503, contact: Patricia Hervieux, (360)

407–6756; Washington Department of

Ecology, Eastern Region, N. 4601

Monroe, Suite 100, Spokane WA 99205,

contact: Jim Malm, (509) 456–2725.

Written comments should be sent to

Patricia Springer, U. S. Environmental

Protection Agency, Region 10, HW–105,

1200 Sixth Avenue, Seattle WA 98101,

Phone (206) 553–2858.

FOR FURTHER INFORMATION CONTACT:

Patricia Springer, U. S. Environmental

Protection Agency, Region 10, HW–105,

1200 Sixth Avenue, Seattle WA 98101,

Phone (206) 553–2858.

SUPPLEMENTARY INFORMATION:

Background

States with final authorization under

Section 3006(b) of the Resource

Conservation and Recovery Act (‘‘RCRA

or ‘‘the Act’’), 42 U.S.C. 6929(b), have a

continuing obligation to maintain a

hazardous waste program that is

equivalent to, consistent with, and no

less stringent than the Federal

hazardous waste program. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Public Law 98–616, November 8, 1984,

hereinafter ‘‘HSWA’’) allows States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive ‘‘interim authorization’’ for the

HSWA requirements under Section

3006(g) of RCRA, 42 U.S.C. 6926(g), and

later apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when federal or

state statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, state program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR Parts 124,

260–266, 268, 270 and 279.

State of Washington

The State of Washington initially

received final authorization on January

31, 1986. Washington also received

authorization for revisions to its

program on November 23, 1987 (52 FR

35556, 9/22/87), October 16, 1990 (55

FR 33695, 8/17/90), and November 4,

1994 (59 FR 55322, 11/4/94). On

November 9, 1995, Washington

submitted a program revision

application for additional program

approvals. Today, Washington is

seeking approval of its program revision

in accordance with 40 CFR 271.21(b)(3).
Federal Register / Vol. 61, No. 41 / Thursday, February 29, 1996 / Rules and Regulations 7737

EPA has reviewed Washington’s

application, and has made an immediate

final decision that the State’s hazardous

waste program revision satisfies all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to grant final authorization

for the additional program

modifications to Washington’s

hazardous waste program. The public

may submit written comments on EPA’s

immediate final decision up until (insert

date at least 30 calendar days after date

of publication in Federal Register).

Copies of the State of Washington’s

application for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this notice.

Approval of the State of Washington’s

program revision shall become effective

in 60 days unless an adverse comment

pertaining to the State’s revision

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received EPA will

publish either (1) A withdrawal of the

immediate final decision or (2) a notice

containing a response to comments

which either affirms that the immediate

final decision takes effect or reverses the

decision.

The State of Washington has

requested authorization for the

following federal rules:

Non-HSWA Rules:

Hazardous Waste Storage and

Treatment Tank Systems, 51 FR

25422, 7/14/86 (CL 28);

Listing of Commercial Chemical

Products and Appendix VIII

Constituents—Correction, 51 FR

28296, 8/6/86 (CL 29);

Revised Manual SW–846, 52 FR 8072,

3/16/87 (CL 35);

Hazardous Waste Tank Systems—

Correction, 51 FR 29430, 8/15/86

(CL 28);

Closure/Post-Closure Care for Interim

Status Surface Impoundments, 52

FR 8704, 3/19/87 (CL 36);

Definition of Solid Waste—Technical

Correction, 52 FR 21306, 6/5/87 (CL

37);

HW Constituents for Ground Water

Monitoring (Phase I), 52 FR 25942,

7/9/87 (CL 40);

Listing of Hazardous Waste—

Container/Inner Liner Correction,

52 FR 26012, 7/10/87 (CL 41);

Liability Requirements for HW

Facilities—Corporate Guarantee, 52

FR 44314, 11/18/87 (CL 43);

Miscellaneous Units, 52 FR 46946,

12/10/87 (CL 45);

Technical Correction—Listing of

Hazardous Waste, 53 FR 13382, 4/

22/88 (CL 46);

Treatability Studies Sample

Exemption, 53 FR 27290, 7/19/88

(CL 49);

Storage and Treatment Tank Systems,

53 FR 34079, 9/2/88 (CL 52);

Listing of Primary Metal Smelter

Wastes—Spent Pot Liner, 53 FR

35412, 9/13/88 (CL 53);

Permit Modifications for HW

Management Facilities, 53 FR

37912, 9/28/88 and 53 FR 41649,

10/24/88 (CL 54);

Statistical Methods for Evaluating

Ground Water Monitoring Data, 53

FR 39720, 10/11/88 (CL 55);

Hazardous Waste Miscellaneous

Units, 54 FR 615, 1/9/89 (CL 59);

Incinerator Permits, 54 FR 4286, 1/30/

89 (CL 60);

Changes to Interim Status Facilities &

Modifications to HW Management

Permits; Procedures for PostClosure Permitting, 54 FR 9596, 3/

7/89 (CL 61).

HSWA Rules:

Dioxin Waste Listings, 50 FR 1978, 1/

14/85 (CL 14);

Paint Filter Test, 50 FR 18370, 4/30/

85 (CL 16);

Research and Development Permits,

50 FR 28702, 7/15/85 (CL 17Q);

Used Oil and HW Burned as Fuels, 50

FR 49164, 11/29/85 and 52 FR

11819, 4/13/87 (CL 19);

Small Quantity Generator

Requirements, 51 FR 10146, 3/24/

86 (CL 23);

Codification Rule, Technical

Correction, 51 FR 19176, 5/28/86

(CL 25);

Listing of EBDC, 51 FR 37725, 10/24/

86 (CL 33);

Toxicity Characteristic Revisions, 55

FR 11798, 3/29/90 and 55 FR

26986, 6/29/90 (CL 74).

The CL numbers reference regulationspecific checklists in the application

which identify the specific federal

regulation citation and the state

regulation analog.

Some portions of Washington’s

revised program are broader in scope

than the federal program, and thus are

not federally enforceable. This action

does not authorize the identified

broader in scope provisions. Some

portions of Washington’s revised

program are more stringent than the

federal program. This action makes

these more stringent provisions a part of

the federally authorized RCRA program.

Both the broader in scope and more

stringent provisions are identified in the

Checklists and discussed in the

Attorney General’s Statement

accompanying the application.

Indian Lands

Washington is not seeking

authorization to operate on Indian

lands.

Decision

I conclude that the State of

Washington’s program revision

application meets all of the statutory

and regulatory requirements established

by RCRA. Accordingly, Washington is

granted final authorization to operate its

hazardous waste program as revised.

Washington now has responsibility for

permitting treatment, storage, and

disposal facilities within its borders and

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. The State of

Washington also has primary

enforcement responsibilities, although

EPA retains the right to conduct

inspections under Section 3007 of

RCRA, 42 U.S.C. 6927, and to take

enforcement actions under Sections

3008, 3013 and 7003 of RCRA, 42 U.S.C.

6928, 6934, and 6973.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 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. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of the State 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.

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,

6974(b).

Dated‘ February 8, 1996.

Chuck Clarke,

Regional Administrator.

[FR Doc. 96–3718 Filed 2–28–96; 8:45 am]

BILLING CODE 6560–50–P