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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

SEP A 8 1987

OFFICE OF

SOLID WASTE AND EMERGENCY RESPONSE

MEMORANDUM

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Final Dete~ination on Washington's Revision

Appl icart:?~

~~Chief

Oversight Section

State PuogHams B~anch, OSW

Tim Mott, Chief

Compliance and Implementation Section, OWPE

FROM:

SUBJECT:

TO:

On SeptembeH 4, OSW Feceived Region X's request to process

the attached notice of Immediate Final Rulemaking, app~ovinq

r ev i s Io ns to Washington's RCM p zoq r am (lfadioactive mixed waate,.

the redefinition of solid waste and several 0ther waste listings).

The d~aft application was reviewed by Jane Stiebel!' of OSW and

LorFaine Smith of OWPE. Comments on the draft have been addFessed

satisfactorily. As you know, the p~ocedul!'es ~or apPl!'oving State

program rrevisions provide for an informal cor3ultation within

OSWER not to exceed ten work days. If Headquarters does not

~aise issues regarding the Regional rlecision :uring the consultation

period, then automatic agreement can ~e assuG~~ and the Federal

Register notice a nnou nc i nq 0:::- p r opo s i nq the ,~~r:ision may b e

published. The concurrence pe r i od ~egan on ~::>-;,:)tem,)2~ 4, and will

end on September 18, 1987.

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:\s 'IOU k now, Iiash i ng ton r: as:, 2 ,j cap a8 i 1 :. r.': p r ob 1ems. :-10weve r ,

State staff has experience in dealing with r2~~oactive mixed waste

at the Hanfo~d facility and capability shoulc ~ot be an issue for

the other elements. We want to authorize the 3tate as soon as

possible for thig element so that ~adioactive ~ixed waste will

be co ns i de zed a hazardous waste in Washirqton oe r the July 3, 1986

Federal Reg i ste r-"Not ice. We, the refore, r e corme nd co nc u r r e nce

with the Region's request. If you agree, please sign on the

yellow carbon of this me;no. A copy of OWPE's concurrence will be

given to the AA's office together with a note that we plan to

tfansmit the approval to the Federal Register jy the end of the

10 day period.

If IOU have any Guestions, please call ~~ or Jane Stieber on

382-2210 .
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,\ t tac hrne nt

cc: Bruce Weddle

Geo irq e Gal!'land

Ja ne St i~b el!'

Betty Wiese, Region X

Mike Bussell, Region X

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY v \t

REGION 10

SEATTLE, WASHINGTON 98101

:m.y~ HW-112

MEMORANpUM

SEP 3. 1~97

FROM:

SUBJECT:

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Notice of Immediate Final Rulemaking and Schedule of Compliance for

Washington

Betty A. Wiese, Chief ~~~ ;(~ RCRA Program Development S9ction

TO: Susan Absher, Chief

State Program Oversight Section

Attached for publication in the Federal Register is an immediate final

rulemaking to approve several revisions to Washington's authorized hazardous

waste program, including state authority to regulate radioactive mixed wastes

under RCRA. With the exception of the RCRA Section 3006(f)-availability of

information requirement, this rulemaking approves all the 40 CFR Part 271,

first non-HSWA cluster program components.

In response to EPA's concern with the state's application for the

Section 3006(f) requirment, the Department of Ecology has agreed to

incorporate a 20-day response time into state regulation under a schedule of

compliance. This Federal Register Notice includes this schedule of

compliance, as well. The Department of Ecology expects to submit a revised

authorization application for the 3006(f) requirement by December 30, 1987.

The recent state program advisory, regardi ng authori zati on of radi oacti ve

mixed wastes, was issued four months after the state submitted its official

application requesting approval to regulate these wastes. Therefore, in

consultation with your staff, we have elected not to delay this rulemaking by

requesting the state to provide the additional program description documentation suggested in the state program advisory. We will, however, ask

the state to include this information as part of their next program revision

application.

Your assistance in processing this Federal Register Notice will be

greatly appreciated. Should you or your staff have questions on this matter,

please call Mike Bussell at (FTS) 399-2857.

Attachment

cc: Jane Stieber

Clark Gaulding
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

Washington Final Authorization

of State Hazardous Waste Management Program

AGENCY:

ACTION:

Environmental Protection Agency. Region 10

Immediate Final Rule; Notice of Compliance Schedule to Adopt Program

Modification

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). EPA has reviewed Washington's application and has made a

decision, subject to public review and comment, that their hazardous waste

program revisions satisfy 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.

EPA is also publishing a compl iance schedule for Washington to modify its

program in accordance with 40 CFR Section 271.2l(g) to adopt an additional

Federal program modification.

DATES: Final authorization for Washington shall be effective [60 calendar

days after the date of publication in the FEDERAL REGISTER] unless EPA

publishes a prior FEDERAL REGISTER action withdrawing this immediate final

rule. All comments on Washington's program revision application must be

received by the close of business [thirty calendar days after the date of

publication in the FEDERAL REGISTER] .

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ADDRESSES: Copies of Washington's program revision application are

available from 8:00 a.m. to 4:30 p.m. at the following addresses for

inspection and copying: Washington Department of Ecology (Rowesix) 4224 6th

Avenue S.E., Bldg. 4, Olympia" Washington 98504, Phone (206) 459-6516; U.S.

EPA Headquarters Library (PM 2l1A), 401 MStreet, S.W., Washington, D.C.

20460, Phone: (202)382-5926; U.S. EPA Region 10 Library, 1200 Sixth Avenue,

Seattle, Washington 98101, Phone: (206) 442-1289. Written comments should be

sent to the EPA contact person listed below.

FOR FURTHER INFORMATION CONTACT: Michael A. Bussell, Mail Stop HW-112, 1200

Sixth Avenue, Seattle, Washington 98101, Phone: (206) 442-2857

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 (Public Law 98-616, November 8, 1984, herein-after "HSWA"),

allow States to revise their programs to become substantially equivalent

instead of equivalent to the 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.

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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 260-266 and 124 and 270-271.

B. Washington

Washington initially received final authorization on January 30, 1986,

(51 FR 3782-83). Today, Washington is seeking final authorization for several

state program revisions, as necessitated by changes to EPA's regulations in

40 CFR Parts 260-266 and 124 and 270. Specifically, Washington is requesting

approval for state program revisions which incorporate the Federal

redefinition of solid waste (50 FR 614-668), revisions to interim status

standards for hazardous waste landfil Is (50 FR 16044-48), hazardous waste

listings (50 FR 42936-43 and 53314-20) and the regulation of radioactive mixed

wastes (51 FR 24504-05).

3006(f)-Availability of Information

As part of their application, Washington had sought authorization for the

RCRA Section 3006(f) - availability of information requirement (50 FR 28754).

However, in reviewing the state's application, EPA determined that Washington

had not fully met the corresponding authorization requirements. Washington

has, therefore, agreed to postpone seeking authorization for this program

component and will make the necessary state program revision on the following

schedule:

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Prepare proposed regulation amendments by 8/31/87

File proposed amendments with the State Code Reviser by 9/15/87

Public comment period and public hearings completed by 10/30/87

Final decision-making and adoption of amendments by 11/31/87

Washington expects to submit an application to EPA for authorization for

the Section 3006(f)-availabi1ity of information requirement by December 30,

1987.

EPA has reviewed Washington's app1 ication and, with the exception of the

availability of information requirement discussed above. has made an immediate

final decision that Washington's hazardous waste program revisions satisfy all

of the requirements necessary to qualify for final authorization.

Accordingly, EPA intends to grant Washington final authorization for these

additional program modifications. The public may submit written comments on

EPA's immediate final decision up until (30 calendar days after date of

publication in FEDERAL REGISTER). Copies of Washington's application for

program revision are available for inspection and copying at the locations

indicated in the "Addresses II section of this notice.

Approval of the Washington program revisions shall become effective in 60

days, unless an adverse comment pertaining to the State's revision appl ication

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

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• decision or (2) a notice containing a response to comments which either

affirms that the immediate final decision takes effect or reverses the

decision.

C. Decision

I conclude that the Washington program revisions, discussed above, meet

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 continues to have

responsibility for permitting treatment, itorage, and disposal facilities

within its borders and carrying out other aspects of the RCRA program, subject

to the limitation of its revised program application and previously approved

• authorities. Washington also continues to have primary enforcement

responsibilities, although EPA retains the right to conduct inspections under

Section 3007 of RCRA and to take enforcement actions under Section 3008, 3013

and 7003 of RCRA. Washington is not authorized by the federal government to

operate the RCRA program on Indian lands; this authority remains with EPA.

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 .

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;~ CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT: Pursuant to the

provisions of 4 U.S.C. 60S(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 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.

LIST OF SUBJECTS in 40 CFR PART 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 Section 2002(a),

3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a),

6926, 6947(b).

Regional Administrator

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Dated: September 2, 1987

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