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Citation: 51 Fed. Reg. 3779 1986 

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

under Subtitle C of RCRA is limited by

the November 1984 HSWA amendments

to RCRA. Prior to that date a State with

Final Authorizatiornacministered its

hazardous:waste program entirely in

lieu of the U.S EPA. The Federal

requirements no longer applied in the

authorized State, andU.S EPAcould not

issue permits for any 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 did not take

effect in an authorized State until the

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 same time as they take

effect in non-authorized State&. U.S EPA

is directed to carry out those

requirements and prohibitions in

a.uthorized States, including the issuance

of full 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, HSWA

provisions apply in authorized States in

the interim.

As a result of HSWA. ther will be 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 of the Federal program.

Where HSWA-related requirements

apply, however, U.S EPA will administer

and enforce them in Illinois until the

State receives authorization to do 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 the approved State program defines

the applicable Subtitle C requirements

in Illinois.

Illinois is not being authorized now

for any requirement implementing

HSWA. Once the State is authorized to

implement a HSWA requirement or.

prohibition, the State program in that

area will operate in lieu of the Federal

program. Until that time the State will

assist U.S EPA's implementation of the

HSWA under a Cooperative Agreement.

U.S EPA has published 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 (50 FR

28702], and should be referred to for

further information.

EFFECTIVE PATE: 40 CFR 23A provides

that the grint of final authorization

under section 3006 takes effect 2 weeks

after the date of Federat Register

publication unless the Federal Register

notice specifically provides otherwise. I

have determined. that a different

effective date January 31, 1986, is

necessary in this instance. Illinois

currently has interim authorization for

Phase Iof the RCRA program. Since

interim authorization expires by statute

on January 31, 1986, Illinois must have

authority to administer the final

authorization program, on that date, or

the RCRA program will revert to. EPA.

To avoid the problem of a short-term

reversion, I have decided to shorten the

period during which my decision will

take effect.

Compliance With Executive Order 12291

The Office of Management and Budget

has exempted this rule from the

requirements of section 3. Executive

Order 1229n.

Certification Under The Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

505(b). I hereby certify that this;

authorization will not have a significant

economic impact on a substantial

number of small entities. The

authorization effectively suspends.the

applicability of certain Federal

regulations in favor of Illinois' 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.

List of Subjects in 40 CR Part 271

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 of the Solid Waste Disposal Act,

as amended, by the Resource

Conservation and Recovery Act of 1976,

as amended, 42 U.S.C. 6912(a), 6926, and

6974(b), EPA Delegation 8-7.

Dated: January 21, 1986.

Alan Levin, I

Acting Regional Administrator.

[FR Doc 86-2o7 Filed 1-29-8 845 am)

BILNG OO 6MSRO-N-M

40,CFR Part 271

[SW-10-FRL4963-4J

Oregonr Final Authorization of State

Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency.

ACTION. Notice of final determination on

Oregon's application for final

authojization.

SUMMARY: The State of Oregon has

applied for final authorization under the

Resource Conservation and Recovery

Act (RCRAY. EPA has reviewed

Oregon's application and has reached a

final determination that Oregon's

hazardous waste program satisfies all of

the requirements necessary to qualify

for final authorization. Thus, EPA is

granting final authorization to the State

to operate its program, in lieu of the

Federal hazardous waste program in its

jurisdictior, subject to the limitations

imposed by the Hazardous and Solid

Waste Amendments of 1984 (Pub. L 98-

616, November 8. 1984) (HSWA}X

EFFECTIVE oATE: Final Authorizatton for

Oregon shall be effective at 1 p.m., e.s.t.,

on January 31,1986.

FOR FURTHER INFORMATION CONTACT:

David Hanline, MS 530 U.S. EPA

Region 10,1200 Sixth Avenue, Seattle,

WA 98101, (206) 442-2858& (FTS 399-

z28).

SUPPLEMENTARY INFORMATION.

I. Background

Section 3006 of the Resource

Conservation and Recovery Acf(RCRA)

allows EPA to authorize State

hazardous waste. programs to operate in

lieu of the Federal hazardous waste

program. To qualify for final

authorization, a State's program must (1}

be "equivalent" to the Federal program,

(2) be consistent with the Federal

program and other State programs, and

(3J provide for adequate enforcement

(Section 3006(b) of RCRA, 42 U.S.C.

6926(b)).

On June 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 of the application for public

review and comment. Also it was

announced that a public hearing would

II I I I l

3779

HeinOnline -- 51 Fed. Reg. 3779 1986
3780 Federal Register /Vol. 51, No. 20 / Thursday, January 30, 1986 / Rules and Regulations

be held if sufficient public interest was

expressed. No requests for a hearing

were received. Only one letter of

comment was submitted-a general

statement in support of EPA's tentative

decision.

II. Decision

I conclude that Oregon's application

for final authorization meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Oregon is granted final authorization to

operate its hazardous waste program

subject to the limitations on its authority

imposed by the Hazardous and Solid

Waste Amendments of 1984 (Pub. L. 98-

616, November 8, 1984) (HSWA). Oregon

now has the responsibility for permitting

treatment, storage and disposal facilities

within its borders and carrying out the

other aspects of the RCRA program,

subject to the HSWA. Oregon also has

primary enforcement responsibility,

although EPA retains the right to

conduct inspections and gather

information under section 3007 of RCRA

and to take enforcement actions under

sections 3008, 3013, and.7003 of RCRA.

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 of RCRA 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 of the 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 did not 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 in non-authorized States. EPA is

directed to carry out those requirements

and prohibitions in authorized States,

including the issuance of full 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 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 of the 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 State requirement that is

more stringent than a HSWA provision

also remains in effect; thus, the universe

of the 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 filter liquids test (50 FR

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 of the Federal

provisions. Until that time the State may

assist EPA's implementation of the

HSWA under a Cooperative

Arrangement.

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.

III. Effective Date

40 CFR 23.4 provides that the grant of

final authorization under section 3006

takes effect two weeks after the date of

the Federal Register publication unless

the Federal Register notice specifically

provides otherwise. I have determined

that a different effective date, January

31, 1986, is necessary in this instance..

Oregon currently has interim

authorization for Phase I of the 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, 1 have decided to shorten the

period during which my decision will

take effect.

Compliance With Executive Order 12291"'

The Office of Management and Budget

has exempted this rule from the

requirements of section 3'of Executive

Order 12291.'

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.SC.

605(b), I hereby certify that this

authorization will not have significant

economic impact on a substantial

number of small entities. The

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Oregon'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.

List of Subjects in 40 CFR 271

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 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: 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 of Final Determination of

Rhode Island's Application for Final

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 of 1984.

EFFEC&IVEDATE: Final authorization for

Rhode Island shall be effective at 1:00

HeinOnline -- 51 Fed. Reg. 3780 1986