# • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



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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** revisIons to Washington's RCM pzoqram (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 nci nq 0:::- proposi nq the**,~~r:ision** may b e published. The concurrence pe riod**~egan** on**~::>-;,:)tem,)2~** 4, and will end on September 18, 1987. 

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• :\s 'IOU k now, Iiashington 

### r:as:,2 ,j capa8i 1:. r.': p r ob 1ems. :-10w ever , 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 considezed a hazardous waste in Washirqton oe r the July 3, 1986 Federal Reg ister-"Notice. We, therefore, r ecormend conc u r r ence 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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cc: Bruce Weddle Geoirqe Gal!'land Jane St**i~b** el!' Betty Wiese, Region X Mike Bussell, Region X 2**.~**.. i .

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# ,~~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY v

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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 underRCRA. 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, regarding authorization of radioactive 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. Shouldyou or your staff have questions on this matter, please call Mike Bussell at (FTS) 399-2857. Attachment cc: Jane Stieber Clark Gaulding

# • ENVIRONMENTAL PROTECTION AGENCY
40CFR 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 programrevisions. Washington's application for program revision is available for public review and comment.

EPA is also publishing a compliance schedule for Washington to modify its program in accordance with 40 CFR Section 271.2l(g) to adopt an additional Federal programmodification.

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, 1200Sixth 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.

2Revisions 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 40CFR 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 landfilIs (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 application 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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