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

Authority: Issued under authority of the

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 for part 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 of the Marine Director

or designee.

9. In § 109.6 paragraph (a) is revised to

read as follows:

§ 109.6 Construction, number, and

location of chocks and bitts.

(a) The Canal Operations-Captain or

designee is responsible for determining

if vessels arriving for transit are

properly equipped. That official is also

responsible for the approval of new

construction requirements concerning

chocks and bitts which are utilized 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: 22 U.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 for part 117

is revised 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.,

Acting Administrator.

[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 Authorization of 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 its hazardous waste

program under the Resource

Conservation and Recovery Act

(RCRA). EPA has 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

for program 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 of business April 30, 1990.

ADDRESSES: Copies of Oregon's program

revision application are available during

the business hours of 9 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

-and Solid 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) of RCRA, 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 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 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,, Marc h 30. 1990 / Rules and R~giations

aditinal pwagram opprw

provided ,conments ent

apphloatinon and the Stati

the comments to EPA's

subsequent addeuda dati

,ISM. Today. Oregon b

of its program revision in

with 4oC n2Qb)(3.

Oregon is applyktg for

for the I'lowing. ederal

waste -statute and regdla

Federal Reqd remert

Public Availability .f Information, section

Definition ,ofSolid Waste

TacIhical Corrections

!(51 TR 54, Augut 28,

19085 and 2 F MN10,

June 5. 1987).

Small Quantity Generators 1(51 FR ' OV'.

Mar&b 24, 198Q].

Closure. Post-Closure, and

Financial Responsibility

Requirements (51 FR

.16422, May t.1984-

DR

:ORI

OJ

010

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

9,1 987).

Regulation Qf the 44azard- 0

ous Components of Rdioactive Mixed 'WaSle

(11 FR 2A504. Jluly :.,

1986).

tvatsPA With res tmpt to egn's zticat

statels for sec ion 30I) lathiy.ldic e addressed Availability of Information, PA.hs

sagisfaction i determined that Oregon's statutes and

ed octaber 3 regulations more than satisfy the

ekir approval Federal section 3006(f) equirements Tor

acordance avaiabilityof information. Therefore.

addressing these provisions spediically

authorizaton in the Memorandum of Agreement is

hazardus unnecessary.

Concerning Oregon's application for

authorization of the Federal reulation

of the hazardous components of

State Authortty radioactive mixed waste, EPA

S 4,se1 nd recognizes at two other 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 as the

AtR :34-0.4400. Department of Envirmnwrttal Qality.

A -o ~iowever, the Oregon Anomey General

s,,-t- hasassertedand EPA has agreed. that

,t 45); DEQ's aulhorities 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 of radioactive mixedwaste

and .-0; 34D--5- independently. 010. Consequently, EPA intends -granl

AR 340-1087(T final authorization for ithe 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 of GIrgon's

and '0 * April 0,

=(Zx3). application for program revision are available for inspection and copying at

the locations indicated inthe

AR 340-100- "ADDRESSES" section of this notice.

15L. Approval of Oregon's program

-.100. =o revision shall become 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 comment period. If an

adverse comment is received EPA wilI

publish either {19 a withdrawals of the

AR 340-*a)Z(Ufj. immediate final decision or (2) a notice

containing a response to commen'ts

which dither.affirms fthat the immediate

final decision takes effect orm everses

AR 340-- (Z) the decision.

!in4 andtin); M- Oregon, s program revision contains

110-014. no State requirements that amre broader

in soope than the relevant Federal

requirements. Oregon is'not seeking

authorization to operate on Indian

RS 4605105). lands.

EPA has reviewed Oregon's

application, and has made an immediale

final decision that Oregon's h zardus

waste program revisions satisfyall of

the requirements necessary to qdalify

for final authorization.

C. Decision

" I conclude hat Oregon's application

for program revision mects 4n1ithe

statutory and regulatory Trequirements

established by RCRA. Accordingly,

Oregon Is granted final authorization to

operate its hazardous waste program as

revised. Oregon bas oesponsibility for

permitting 1reatment, storage. ad

disposal.facilities 'within its borders and

-carryg out other spcts of the RCRA

poam, aubeut 9 the limita o ,hts f 

revised program application and

previously approved outherities. Oregon

also has primary enforcement

responsibilities,. alfough EPA retains

the x .htte conduct inspections under

Section 3007 of RCRA and to take

enforcement actions under Section 3008,

3013, and 7003 oTRCRA.

Compliance With AKtsvie Order

12291

The Office of Management and.Budget

has exempled'this rule from the

requirments of section 8 ofExecutive

Order 12291.

Cetiota tnder the Reguatw

Flexibility Act

Pursuant to the provisiens of 4 U.'S.

605(b), I hereby certify that this

authorization will not have a significant

economic impact an a sAstantial

number of smallentities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Oregon's

,program, thereby eliminating duplicative

requirements for handlers of azardous

waste in the State. It does not impose

any new burdenson small entities. Tis

rule, therefore, does -not Teq ire a

regulatory flexibiltya nalysis.

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,

Acting Regional Administrator.

[FR ijoc. 90-:7217 Filed 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 iga .5,N.6 ~a, ac 0 90/RlsadRslfe Iew 

HeinOnline -- 55 Fed. Reg. 11910 1990