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Citation: 51 Fed. Reg. 3779 1986

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register / Vol. 51, No. 20 / Thursday, January 30, 1986 / Rules and Regulations

under Subtitle C ofRCRA is limited by the November 1984 HSWA amendments to RCRA. Prior to that date aState with Final Authorizatiornacministered its hazardous:waste program entirely in lieu ofthe U.S EPA.The Federal requirements no longer applied in the authorized State, andU.S EPAcould not issue permits forany facifitfes 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 timeframes. New Federal requirements didnot take effect in an authorized State untilthe State adopted those 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 sametime asthey take effect in non-authorized State&.U.S EPA is directed to carry outthose requirements and prohibitions in a.uthorized States, including the issuance offull orpartial Federal permits, until the State isgranted authorization to do

so. While States must stilladopt HSWA-related provisions as State law to retain final authorization, HSWA provisions applyin authorized States in the interim.

As a result ofHSWA. ther willbe a dual State/Federal regulatory program in Illinois. To the extent the authorized State program is unaffected by HSWA, the State program is authorized to operate in lieu ofthe Federal program. Where HSWA-related requirements apply,however, U.S EPA will administer and enforce themin Illinois until the State receives authorization todo so. Any State requirement that is more stringent than a HSWA provision also remains in effect; thus,the universe of the more stringent provisions in HSWA and theapproved State program defines the applicable Subtitle Crequirements in Illinois.

Illinois is not being authorized now for anyrequirement implementing HSWA. Once the State is authorized to implement a HSWA requirement or. prohibition, theStateprogram in that

area will operate in lieu ofthe Federal program. Until that time the State will assist U.S EPA's implementation ofthe HSWA under a Cooperative Agreement.

U.S EPA haspublished a Federal Register notice that explains in detail HSWA and its effect on. authorized States. That notice was published in the July 15, 1985 Federal Register (50FR 28702], and should bereferred to for further information. EFFECTIVE PATE:40 CFR23A provides that thegrint of final authorization under section 3006 takes effect 2weeks after thedate ofFederat Register publication unless the Federal Register notice specificallyprovides otherwise. I have determined.that a different effective date January 31, 1986, is necessary in this instance. Illinois currently has interim authorization for Phase IoftheRCRA program. Since interim authorization expires by statute
onJanuary 31, 1986,Illinois must have authority to administer the final authorization program, on that date, or the RCRAprogramwill revert to.EPA. To avoid theproblem ofa short-term reversion, Ihave decided to shorten the period duringwhich my decision will take effect. ComplianceWith Executive Order 12291

The Office ofManagement and Budget has exempted this rule from the requirements ofsection 3. Executive Order 1229n.
Certification Under TheRegulatory Flexibility Act

Pursuant to the provisions of5U.S.C. 505(b). I hereby certify that this; authorization will not have a significant economic impact on a substantial number ofsmall entities. The authorization effectively suspends.the applicability of certainFederal regulations in favor ofIllinois' program. thereby eliminating duplicative requirements forhandlers of hazardous waste in the State. It does not impose any new burdens on smallentities. This rule, therefore, does not require a regulatory flexibility analysis.

List ofSubjects in 40 CR Part271

Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water supply., Authority

This notice is issued under the authority of sections 2002(al, 3006, and. 7004(by ofthe Solid Waste Disposal Act,

as amended, by the Resource Conservation and RecoveryAct of1976,

as amended, 42 U.S.C. 6912(a), 6926, and 6974(b), EPA Delegation 8-7.

Dated: January21, 1986. Alan Levin, I ActingRegional Administrator. [FR Doc 86-2o7 Filed 1-29-8 845 am)
BILNG OO 6MSRO-N-M 40,CFR Part 271

[SW-10-FRL4963-4J OregonrFinal Authorizationof State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency. ACTION. Notice offinal determination on Oregon's application for final authojization.

SUMMARY: The State ofOregon has applied forfinal authorization under the ResourceConservation and Recovery Act(RCRAY. EPA hasreviewed Oregon's application and has reached a final determination that Oregon's hazardous waste program satisfies all of the requirements necessary to qualify forfinal authorization. Thus, EPA is granting final authorization to the State to operate itsprogram, in lieu ofthe Federal hazardouswaste program in its jurisdictior, subject to the limitations imposedby theHazardous and Solid Waste Amendments of1984 (Pub.L 98- 616,November 8. 1984) (HSWA}X EFFECTIVEoATE: Final Authorizatton for Oregon shallbe effective at 1p.m., e.s.t.,
on January 31,1986. FOR FURTHER INFORMATION CONTACT: DavidHanline, MS 530 U.S. EPA Region 10,1200 Sixth Avenue, Seattle, WA 98101, (206)442-2858& (FTS399- z28).
SUPPLEMENTARY INFORMATION. I.Background

Section 3006 ofthe Resource Conservation and Recovery Acf(RCRA) allowsEPA to authorize State hazardouswaste.programs to operate in lieu ofthe Federal hazardous waste program. To qualify forfinal authorization, a State's program must (1} be "equivalent" to the Federalprogram, (2) be consistent with the Federal program and other Stateprograms, and (3J provide for adequate enforcement (Section 3006(b) ofRCRA, 42 U.S.C. 6926(b)).

OnJune 1, 1984, Oregon submitted a complete application for final authorization. On December 6, 1985, EPA published a tentative decision announcing its intent to grant Oregon final authorization. Further background information or EPA's tentative decision to grant final authorization appears at 50 FR 49947; December 6, 1985.

In addition to announcing its tentative determination, EPA announced the availability ofthe application forpublic review and comment. Also it was announced that a public hearing would II I I l I 

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HeinOnline -- 51 Fed. Reg. 3779 19863780 Federal Register 

## /Vol. 51, No. 20 / Thursday, January 30, 1986 / Rules and Regulations

beheld ifsufficient public interest was expressed. No requests for a hearing

were received. Only one letter of comment was submitted-a general statement in support ofEPA's tentative decision.
II.

Decision
Iconclude that Oregon's application forfinal authorization meets all ofthe statutory and regulatory requirements established by RCRA. Accordingly, Oregon is granted final authorization to operate its hazardous waste program subject to thelimitations on its authority imposed by the Hazardous and Solid Waste Amendments of 1984 (Pub.L.98- 616,November 8, 1984) (HSWA). Oregon

now has theresponsibility for permitting treatment, storage and disposal facilities within its borders and carrying out the other aspects ofthe RCRA program, subject to the HSWA. Oregon also has primary enforcement responsibility, although EPAretains the right to conduct inspections and gather information under section 3007 ofRCRA and to take enforcement actionsunder sections 3008, 3013, and.7003 ofRCRA. Oregon is not authorized by the Federal government to operate the RCRA program on Indian lands; this authority remains with EPA.

As stated above, Oregon's authority to operate a hazardous waste program under Subtitle C ofRCRA 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 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 didnot 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 innon-authorized States. EPAis directed to carry out those requirements and prohibitions in authorized States, including the issuance offull orpartial 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 Oregon. To the extent the authorized'

State program is unaffected by the

- - HSWA, the State program is authorized to 'operate in l!eu ofthe Federal program. Where HSWA-related requirements apply, however,EPA will administer and enforce them in Oregon until the State receives authorization to, do so. Any Staterequirement that is

more stringent than a HSWA provision alsoremains in effect; thus, theuniverse ofthe more stringent provisions in the HSWA and the approved State program define the applicable Subtitle C requirements in Oregon.

This authorization of Oregon's hazardous waste program includes two Federal regulatory promulgations pursuant to the HSWA-the listing of and special management standards for dioxin-containing wastes (50 FR 1978) and the paint filterliquids test (50FR 18370). Thus the Federal program in those areas will not apply to Oregon. Once Oregon is authorized to implement other HSWA requirements or prohibitions, the State program in those

areas will operate in lieu ofthe Federal provisions. Until that time the State may assist EPA's implementation ofthe HSWA under a Cooperative Arrangement.

EPAhas 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.
III. Effective Date

40 CFR 23.4provides that the grant of final authorization under section 3006 takes effect two weeks after the date of the Federal Registerpublication unless the Federal Registernotice specifically provides otherwise. Ihave determined that a different effective date, January 31, 1986, is necessary in this instance.. Oregon currently has interim authorization forPhase I ofthe RCRA program. Because interim authorization expires by statute on January 31, 1986, Oregon must have final authority to administer the finally authorized program on that date or the RCRA program will revert to EPA.To avoid the problems caused by a short term reversion, 1have decided to shorten the period during which my decision will take effect. Compliance With Executive Order 12291"'

The Office ofManagement and Budget has exempted this rule from the requirements ofsection 3'ofExecutive Order 12291.' Certification Underthe Regulatory Flexibility Act

Pursuant to the provisions of5 U.SC. 605(b), I hereby certify that this authorization will not have significant economic impact on a substantial number ofsmall entities. The authorization effectively suspends the applicability of certain Federal regulations infavor ofOregon's program, thereby eliminating duplicative requirements for handlers 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 in40 CFR271

Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply.

Authority; This notice is issued under the authority ofsections 2002(a), 3006, and 7004(b) ofthe Solid Waste Disposal Act as amended; 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: January 27,1986. Ernesta Barnes, RegionolAdministrotor. [FR Doc. 88-2036 Filed 1-29-86; 8:45 am]

91LUNG CODE 6560-0-

40 CFR Part 271
[SW-1-FRL-2961-5]

Rhode Island; Final Authorization of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency. ACTION: Notice ofFinal Determination of Rhode Island's Application forFinal Authorization:

SUMMARY: Rhode Island has applied for' final authorization under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Rhode Island's application and has reached a final determination that Rhode Island's hazardous waste program satisfies all of the requirements necessary to qualify for final authorization, Thus, EPA is. granting final authprizationto the State.
to operate its program, subject to the limitations on its authority imposed by the Hazardous and Solid Waste Amendments of1984.
EFFEC&IVEDATE: Final authorization for Rhode Island shall be effective at 1:00

HeinOnline -- 51 Fed. Reg. 3780 1986