### Federal Register / Vol. 55, No. 62 / Friday, March 30, 1990 / Rules and Regulations

Authority: Issued under authority ofthe President by 22 U.S.C. 3811, E.O. 12215, 45 FR 336043.

6. In 35 CFR part 105 remove the words "Chief, Navigation Division" and add, in their place, the words "Canal Operations Captain" in the following places:

(a) Section 105.1(b) and (b)Section 105.2 introductory paragraph, (b), and (c).

PART 109-ENTERING AND PREPARING TO ENTER THE LOCKS

7.The authority citation forpart 109 continues to read as follows:

Authority: 22 U.S.C. 3811.93 Stat. 492; E.0. 12215, 45 FR 36043.

8. Section 109.3 is revised to read as follows: §109.3 Same; permits.

Permits for embarking or disembarking at the locks may be issued in the discretion ofthe Marine Director

or designee.

9. In §109.6 paragraph (a) is revised to read as follows: §109.6 Construction,number, and location of chocksand bitts.

(a) The Canal Operations-Captain or designee is responsible for determining ifvessels arriving for transit are properly equipped. That official is also responsible for the approval ofnew construction requirements concerning chocks and bitts which areutilized for locomotives and tugs, relay operations, tie-up operations, boarding facilities, and wheelhouse design features, including visibility factors.

PART 111-RULES FOR THE PREVENTION OF COLLISIONS

10. The authority citation for part III continues to read as follows:

Authority: Issued under authority of the President by 22 U.S.C. 3811. E.0. 12215, 45 FR 36043.

11. In 35 CFR part III remove the words "Chief,Navigation Division" and add, in their place, the words "Canal Operations Captain" in the following places: (a) Section 111.6(f); 

### (b) Section 111.13(e); and (c) Section 111.19 (f) and [g).

12. In addition to the amendments set forth above, in 35 CFR 111.38(b) remove the words "Chief, Navigation Division" and add, in their place, the words "Marine Director". PART 115--BOARD OF LOCAL INSPECTORS: COMPOSITION AND FUNCTIONS

13. The authority citation for part 115 is revised to read as follows:

Authority: 22U.S.C. 3778. 93 Stat.492; E.0. 12215, 45 FR 36043.

14. In 35 CFR 115.2(a)(2) remove the words "Chief, Navigation Division" and add, in their place, the words "Canal Operations Captain".

PART 117-MARINE ACCIDENTS: INVESTIGATIONS; CONTROL: RESPONSIBILITY

15. The authority citation forpart 117 isrevised to read as follows:

Authority: 22 U.S.C. 3777, 3778, 93 

### Stat. 487; E.0. 12215, 45 FR 36043.

16. In 35 CFR 117.5 remove the words "Canal Authorities" and add, in their place, the words "Canal Operations Captain", everywhere they appear.

Dated: March 6,1990. Fernando Manfredo, Jr., ActingAdministrator. [FR Doc.90-7220 Filed 3-29-90; 8:45 am]
BILLING CODE 3640-04-M

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 271 [FRL: 3750-2] Oregon; Final Authorizationof State Hazardous Waste Management Program

AGENCY. Environmental Protection Agency. ACTION: Immediate final rule.
SUMMARY: The State of Oregon has applied for final authorization of revisions to itshazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPAhas reviewed Oregon's application and has made a decision, subject to public review and comment, that Oregon's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. Thus, EPA intends to approve Oregon's hazardous waste program revision. Oregon's application forprogram revision is available for public review and comment. DATES: Final authorization for Oregon shall be effective May 29, 1990 unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. All comments on Oregon's program revision application must be received by the close ofbusiness April 30, 1990. ADDRESSES: Copies ofOregon's program revision application are available during the business hours of9 a.m. to 4:30 p.m. at the following addresses for inspection and copying: Oregon Department of Environmental

Quality, Hazardous and Solid Waste Division, Executive Building, 811 SW Sixth Avenue, Portland, Oregon 97204, Phone: (503) 229-5913 U.S. EPA Headquarters Library, PM 211

A, 401 M Street, SW., Washington, DC 20460, Phone: (202) 382-5926 U.S. EPA Region X Library-Information

Center, 1200 Sixth Avenue, Seattle, Washington 98101, Phone: (206) 442- 1259 Written comments should be sent to Patricia Springer, U.S. EPA Region X (HW-112), 1200 Sixth Avenue, Seattle, Washington 98101; phone: (206) 442- 2858. FOR FURTHER INFORMATION CONTACT: Patricia Springer at the above address and phone number. SUPPLEMENTARY INFORMATION.
A. 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 -andSolid Waste Amendments of 1984 (Pub. L.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) ofRCRA, 42 U.S.C. 6929(g), and later apply for final authorization for the HSWA requirements.

Revisions to State hazardous waste programs are necessary when Federal or State statutory orregulatory 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 260 through 266 and 124 and 270.
B. Oregon

Oregon initially received final authorization on January 30, 1986. On October 7, 1988 Oregon submitted a program revision application for 

### 11909

HeinOnline -- 55 Fed. Reg. 11909 1990

## EF.dloal esieter I Vol. 5$ 

### o. 62 

## / fiday,, 

### March 30. 1990 

## /Rules and R~giations

aditinalpwagram opprw provided,conmentsent apphloatinon andthe Stati the comments to 

### EPA's subsequent addeuda dati ,ISM.Today. Oregonb ofits program revision in with4oC n2Qb)(3.

Oregon is applyktg for fortheI'lowing. ederal waste -statuteand regdla

Federal Reqdremert Public Availability .f Information, section

Definition ,ofSolidWaste

TacIhical Corrections !(51 TR 54, Augut 28, 19085 and 2 F MN10, June 5. 1987). Small Quantity Generators1(51 FR 'OV'. Mar&b 24, 198Q].

Closure. Post-Closure, and

Financial Responsibility Requirements (51 FR .16422, Mayt.1984- DR

:ORI

OJ

01 0

01

ID

Listing for Spent Pickle 10

Liquor 1(51 FR 19320, May 28. A986 and 51 FR .3612, 2 eptember .2Z. 198Q). Liability Coverage-Cor- D

porate Guarantee 1f51

Hazardeus Waste Tank 01

Systems (51 'FR 254= Jly 14. 1988 and 51FR 29430, August T5. 198. Correction .1o ising ,e Dj

Commercial .Chemical Products and Appendix Vill Constituents (51 FR 28296, August6 81986}. ClosurelPosi-losure "O/

Care for Interim Status Surface Impoundments (52 FR .8704. March 19. 1987). Amendments o T'aot 8-

information lReqUire- ,ments -for Land Oiaposal Facilities (52 FR 23447, June 22, 1987 and 62 tR "33D5, Septeniber 9,1987). Regulation Qf the 44azard- 0

ous Components of Rdioactive Mixed 'WaSle (11 FR 2A504. Jluly :., 1986). 

### tvatsPA With res tmpt to egn'szticat 

### statels forsec ion 30I)lathiy.ldic

eaddressed Availability ofInformation, PA.hs sagisfaction i determined that Oregon's statutes and ed octaber3 regulations morethan satisfy the ekir approval Federal section 3006(f) equirements Tor

acordance avaiabilityof information. Therefore. addressing these provisionsspediically
authorizaton in theMemorandum ofAgreement is
hazardus unnecessary. Concerning Oregon's application for authorization ofthe Federal reulation of the hazardous components of State Authortty radioactive mixed waste,EPA S 4,se1 nd recognizes at twoother re gon 46.991 agencies. the Oregon Iparnnent of sAI. t= A, Energy and the Oregon Department of /450. MS6. .490,Z.,K1
: ''md.50s; Human Resources, have regula 

### tory si0.s1o10o. authorities in the area ofradioactive AR 340-100-WOSM); 

### waste management as -well

### asthe AtR

:34-0.4400. Department ofEnvirmnwrttal 

### Qality. A -o 

## ~iowever, the Oregon AnomeyGeneral s,,-t- hasassertedand EPA has agreed. that

,t 45); DEQ'saulhorities overlap the AR 340-105-01i. authorities of these 

### .Agenciem and 

### thus AR 340-1O0-"(, DEQ can regulate the hazardous "40.t--033: 940-

0-,-. component ofradioactive mixedwaste and.-0;34D--5- independently. 010. Consequently, EPA intends

- granl AR 340-1087(T final authorization forithe addiftonal 340-104-148, -145,- 1, 140-105

- program modifications to Oregon. The nQn .I4..-0,

- public may submit written comments on 135. EPA's immediate final decision up until R 40-1004 21 April 30,19W. Copies 

### ofGIrgon's and'0 

### April * 

### 0, =(Zx3). application for program revision are available forinspection and copying at the locations indicated inthe AR

340-100- "ADDRESSES" section ofthis notice. 15L. Approval ofOregon's program

-. 100. =o revision 

### shallbecome teffective in 60 Z)(kIand 0; M- days unless an adverse comment 102-;M4;,and,4I4- pertaining to Oregon's revision .10,5--014. discussed in this notice is received by 00=()4.J the end of the commentperiod.Ifan adverse comment is received EPA wilI publish either {19 a withdrawals ofthe
AR 340-*a)Z(Ufj. immediate finaldecision or (2) 

### a notice containing a response to commen'ts which dither.affirms fthat the immediate final decision takes effect orm everses AR340-- (Z) the decision. !in4 andtin); M- Oregon,s program revision 

### contains 110-014. no Staterequirements thatamrebroader in soope than the relevantFederal requirements. Oregon is'not seeking authorization to operateon Indian RS4605105). lands.

EPAhas reviewed Oregon's application, and has made animmediale final decision that Oregon's h zardus waste program revisions satisfyall of the requirements necessary toqdalify for final authorization. C.Decision " I conclude hatOregon's application forprogram revisionmects4n1ithe statutory and regulatory Trequirements established byRCRA. Accordingly, Oregon Is granted final authorization to operate its hazardous waste program as revised.Oregon bas oesponsibility for permitting 1reatment, storage. ad disposal.facilities 'withinitsborders and -carryg out other spcts oftheRCRA 

### poam,aubeut 9thelimita o f ,hts revised program application and previously approved outherities. Oregon also has primary enforcement 

### responsibilities,. alfough EPAretains the x .htte conduct inspections under Section 3007 ofRCRA and to take enforcement actions under Section 3008, 3013, and 7003 

### oTRCRA. ComplianceWithAKtsvie Order 12291

The Office ofManagement and.Budget has exempled'this rule fromthe requirments ofsection 8 ofExecutive Order 12291. 

### Cetiota tndertheReguatw Flexibility Act
Pursuant totheprovisiens of4U.'S. 605(b), Ihereby certify that this authorization will not have a significant economic impact an a sAstantial number ofsmallentities. This authorization effectively suspends the applicability ofcertain Federal regulations in favor ofOregon's ,program,thereby eliminatingduplicative requirements forhandlers of azardous waste in the State. It does not impose any newburdenson smallentities. Tis rule, therefore, does-not Teq ire a regulatory flexibiltyanalysis.
Ist of'SUbjects n 40FR'Part 271

Administrative p1Qtie ad1 procedure,.Confidential business information. Hazardous materials transportation, Hazardous waste, Indian lands,Integovernmendal relations. Penalties, Repor1ing and rocordkeepng requirements,'Water poluton corol Water supply.

Authority: Secs. 2002(a).-3006. and 7004(b) of theSolid Waste Disposal Act,as amended, 42 U.S.C. 6912(al,'0926,119741b4 Clark Gaulding, ActingRegional Administrator. [FR

### ijoc.90-:7217Filed 3-29-90 8:45 am)
BILLING CODE 6560-0-M

40 CFR Part 272

tFRL-4750-91

Hazardous Waste Management Program Codification of Approved State Hazardous Waste Program-for Wisconsin
AGENCY: Environmental Protection Agency. Acum: mmediaie final rule.

SUMMARY. Under the

### Resource Conservation and Recovery Act of -ISM

as amended (RCRA), the 4mtedStates 1I2 Iew iga .5,N.6 

## ~a, ac 0 90/RlsadRslfe

HeinOnline -- 55 Fed. Reg. 11910 1990