[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Proposed Rules]
[Pages 34674-34682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA 2010-0251; FRL-9160-7]


Washington: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Washington has applied to EPA for final authorization of 
certain changes to its hazardous waste management program under the 
Resource Conservation and Recovery Act, as amended, (RCRA). EPA has 
reviewed Washington's application and has preliminarily determined that 
these changes satisfy all requirements needed to qualify for final 
authorization and is proposing to authorize Washington's changes.

DATES: Comments on this proposed rule must be received by July 19, 
2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R10-RCRA-2010-0251 by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#e1aa8e828e9493848acfaf888f80a1849180cf868e97"><span class="__cf_email__" data-cfemail="43082c202c363126286d0d2a2d22032633226d242c35">[email protected]</span></a>.
    <bullet> Mail: Nina Kocourek, U.S. Environmental Protection Agency, 
Region 10, Office of Air, Waste & Toxics (AWT-122), 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101.
    Instructions: Direct your comments to Docket ID Number EPA-R10-
RCRA-2010-0251. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy. You may view and copy 
the Washington application, during normal business hours, at the U.S. 
Environmental Protection Agency, Region 10, Office of Air, Waste & 
Toxics, Mailstop AWT-122, 1200 Sixth Avenue, Suite 900, Seattle, 
Washington 98101, contact: Nina Kocourek, phone number: (206) 553-6502 
or at the Washington State Department of Ecology, 300 Desmond Drive, 
Lacey, Washington 98503, contact: Robert Rieck, phone number (360) 407-
6751.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. Environmental 
Protection Agency, Region 10, Office of Air, Waste & Toxics (AWT-122), 
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: 
(206) 553-6502, e-mail: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="caa1a5a9a5bfb8afa1e4a4a3a4ab8aafbaabe4ada5bc">[email protected]</a>.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
management program that is equivalent to, consistent with, and no less 
stringent than the Federal program. As the Federal program changes, 
States must change their programs and ask EPA to authorize the changes. 
Changes to State programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must change their programs because 
of changes to EPA's regulations in Title 40 of the Code of Federal 
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What decisions have we made in this rule?

    We have preliminarily determined that Washington's application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we propose to grant 
Washington final authorization to operate its hazardous waste 
management program with the changes as described in its revised program 
application. Washington will have responsibility for permitting 
treatment, storage, and disposal facilities (TSDFs) within its borders, 
except in Indian country (18 U.S.C. 1151), and for carrying out the 
aspects of the RCRA program described in its revised program 
application, subject to the limitations of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA, which are more stringent than existing 
requirements, take effect in authorized States before the State is 
authorized for these requirements. Thus, EPA will implement those 
requirements and prohibitions in Washington, including issuing permits, 
until the State is granted authorization to do so.

C. What is the effect of this authorization decision?

    If Washington is authorized for these changes, a facility in 
Washington subject to RCRA will have to comply with the authorized 
State requirements instead of the corresponding Federal requirements in 
order to comply with RCRA. Additionally, such persons will

[[Page 34675]]

have to comply with any applicable Federal requirements, such as HSWA 
regulations issued by EPA for which the State has not received 
authorization and RCRA requirements that are not supplanted by 
authorized State-issued requirements. Washington has enforcement 
responsibilities under its State hazardous waste program for violations 
of its program, but EPA retains its independent enforcement authority 
under RCRA sections 3007, 3008, 3013, and 7003, which include, among 
others, authority to:
    <bullet> Conduct inspections; require monitoring, tests, analyses, 
or reports;
    <bullet> Enforce RCRA requirements; suspend, terminate, modify or 
revoke permits; and
    <bullet> Take enforcement actions regardless of whether the State 
has taken its own actions.
    The proposed action to approve these revisions would not impose 
additional requirements on the regulated community because the 
regulations for which Washington will be authorized are already 
effective under State law and are not changed by the act of 
authorization.

D. What happens if EPA receives comments on this action?

    If EPA receives comments on this proposed action, we will address 
those comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

E. What has Washington previously been authorized for?

    Washington initially received final authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3782), to implement the State's 
dangerous waste management program. EPA granted authorization for 
changes to Washington's program on September 22, 1987, effective on 
November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16, 
1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR 
55322); February 29, 1996, effective April 29, 1996 (61 FR 7736); 
September 22, 1998, effective October 22, 1998 (63 FR 50531); October 
12, 1999, effective January 11, 2000 (64 FR 55142); April 11, 2002, 
effective April 11, 2002 (67 FR 17636); April 14, 2006, effective June 
13, 2006 (71 FR 19442) and on October 30, 2006 effective December 29, 
2006 (71 FR 63253).

F. What changes are we proposing?

    On May 18, 2010, Washington submitted a hazardous waste management 
program revision application seeking authorization of its changes in 
accordance with 40 CFR 271.21. On May 28, 2010 we determined that 
Washington's program revision application was complete. We have 
preliminarily determined that Washington's hazardous waste management 
program revision satisfies all requirements necessary to qualify for 
final authorization. Therefore, we propose to grant Washington final 
authorization for the following program changes as identified in Table 
1 and Table 2 below. Note: The RCRA regulations the State is seeking 
authorization for and are incorporated by reference are those as 
published in 40 CFR parts 260 through 265, 268, 270, and 279, as of 
July 1, 2007, unless otherwise noted; and all of the referenced 
analogous State authorities were legally adopted and effective State 
rules as of July 31, 2009.

                     Table 1--Equivalent and More Stringent Analogues to the Federal Program
----------------------------------------------------------------------------------------------------------------
                                                                                             Analogous state
                                                                                         authority--Washington's
 Regulatory  checklist       Federal requirements              Federal Register            administrative code
           1                                                                             (WAC) (WAC 173-303-* *
                                                                                                   *)
----------------------------------------------------------------------------------------------------------------
17S...................  HSWA Codification Rule--        50 FR 28702, 7/15/85..........  800(8); 800(12).
                         Exposure Information.
117B 2................  Toxicity Characteristic         57 FR 23062, 6/1/92...........  070(3) except
                         Amendment.                                                      070(3)(a)(iii) and
                                                                                         070(3)(c).
203 2.................  Recycled used Oil Management    68 FR 44659, 7/30/03..........  070(8)(c); 515(3)
                         Standards; Clarification.                                       Incorporated by
                                                                                         Reference (IBR) 045(1);
                                                                                         515(11) IBR 045(1).
205...................  NESHAP: Surface Coating of      69 FR 22601, 4/26/04..........  691(1)(g); 400(3)(a).
                         Automobiles and Light-Duty
                         Trucks.
207 2 and 207.1 2.....  Uniform Hazardous Waste         70 FR 10766, 3/4/05 as amended  040 ``designated
                         Manifest Rule and Amendment.    on 6/16/05 at 70 FR 35034.      facility'' definition;
                                                                                         040 ``manifest''
                                                                                         definition; 040
                                                                                         ``manifest tracking
                                                                                         number'' definition;
                                                                                         160(2)(a),
                                                                                         160(2)(a)(ii),
                                                                                         160(2)(a)(iii); 180,
                                                                                         180(1), 180(7),
                                                                                         180(7)(a) IBR 045(1),
                                                                                         180(7)(b),
                                                                                         180(7)(b)(i),
                                                                                         180(7)(b)(ii),
                                                                                         180(7)(b)(iii),
                                                                                         180(7)(b)(iv),
                                                                                         180(7)(c), 180(8),
                                                                                         180(8)(a), 180(8)(b);
                                                                                         190(3), 190(3)(b),
                                                                                         190(4); 200, 200(6),
                                                                                         200(6)(a), 200(6)(b);
                                                                                         230 IBR 045(1), 230(2),
                                                                                         230(2)(c), 230(2)(d),
                                                                                         230(2)(e); 180(1) IBR
                                                                                         045(1); 250, 250(1)(a),
                                                                                         250(1)(b), 250(9),
                                                                                         250(9)(a), 250(9)(b),
                                                                                         250(9)(c), 250(9)(d),
                                                                                         250(5), 250(6),
                                                                                         250(6)(a), 250(6)(b),
                                                                                         250(6)(b)(i),
                                                                                         250(6)(b)(ii); 370,
                                                                                         370(1); 370(2),
                                                                                         370(2)(a), 370(2)(b),
                                                                                         370(2)(c), 370(2)(d),
                                                                                         370(2)(e), 370(3),
                                                                                         370(4)(d), 370(8),
                                                                                         370(5), 370(5)(a),
                                                                                         370(5)(a)(i),
                                                                                         370(5)(a)(ii),
                                                                                         370(5)(a)(iii),
                                                                                         370(5)(b), 370(5)(c),
                                                                                         370(5)(d)(i),
                                                                                         370(5)(d)(ii),
                                                                                         370(5)(e),
                                                                                         370(5)(e)(i),
                                                                                         370(5)(e)(ii),
                                                                                         370(5)(e)(iii),
                                                                                         370(5)(e)(iv),
                                                                                         370(5)(e)(v),
                                                                                         370(5)(e)(vi),
                                                                                         370(5)(e)(vii),
                                                                                         370(5)(f),
                                                                                         370(5)(f)(i),
                                                                                         370(5)(f)(ii),
                                                                                         370(5)(f)(iii),
                                                                                         370(5)(f)(iv),
                                                                                         370(5)(f)(v),
                                                                                         370(5)(f)(vi),
                                                                                         370(5)(f)(vii),
                                                                                         370(5)(g); 390(1),
                                                                                         390(1)(a), 390(1)(b),
                                                                                         390(1)(c), 390(1)(d),
                                                                                         390(1)(e), 390(1)(f),
                                                                                         390(1)(g).
209 2.................  Universal Waste Rule: Specific  70 FR 45508, 8/5/05...........  040 ``mercury-containing
                         Provisions for Mercury                                          equipment'' definition;
                         Containing Equipment.                                           040 ``universal waste''
                                                                                         definition; 077(2);
                                                                                         600(3)(o)(ii);
                                                                                         400(2)(c)(xi)(B);
                                                                                         140(2)(a) IBR 045(1);
                                                                                         800(7)(c)(iii)(B);
                                                                                         573(1)(a)(ii),
                                                                                         573(3)(a), 573(3)(b),
                                                                                         573(3)(b)(i),
                                                                                         573(3)(b)(ii),
                                                                                         573(3)(b)(iii),
                                                                                         573(3)(c)(i),
                                                                                         573(3)(c)(ii); 040
                                                                                         ``ampule'' definition;
                                                                                         040 ``large quantity
                                                                                         handler of universal
                                                                                         waste'' definition; 040
                                                                                         ``mercury containing
                                                                                         equipment'' definition;
                                                                                         040 ``small quantity
                                                                                         handler of universal
                                                                                         waste'' definition; 040
                                                                                         ``universal waste''
                                                                                         definition; 573(9)(b),
                                                                                         573(9)(b)(i),
                                                                                         573(9)(b)(ii),
                                                                                         573(9)(b)(ii)(A),
                                                                                         573(9)(b)(ii)(B),
                                                                                         573(9)(b)(ii)(C),
                                                                                         573(9)(b)(ii)(D),
                                                                                         573(9)(b)(ii)(E),
                                                                                         573(9)(b)(ii)(F),
                                                                                         573(9)(b)(ii)(G),
                                                                                         573(9)(b)(ii)(H),
                                                                                         573(9)(b)(iii),
                                                                                         573(9)(b)(iii)(A),
                                                                                         573(9)(b)(iii)(B),
                                                                                         573(9)(b)(iv)(A),
                                                                                         573(9)(b)(iv)(A)(I),
                                                                                         573(9)(b)(iv)(A)(II),
                                                                                         573(9)(b)(iv)(B),
                                                                                         573(9)(b)(iv)(C),
                                                                                         573(10)(b)(i),
                                                                                         573(10)(b)(ii),
                                                                                         573(19)(b)(iv),
                                                                                         573(19)(b)(v),
                                                                                         573(20)(b),
                                                                                         573(20(b)(i),
                                                                                         573(20)(b)(ii),
                                                                                         573(20)(b)(ii)(A),
                                                                                         573(20)(b)(ii)(B),
                                                                                         573(20)(b)(ii)(C),
                                                                                         573(20)(b)(ii)(D),
                                                                                         573(20)(b)(ii)(E),
                                                                                         573(20)(b)(ii)(F),
                                                                                         573(20)(b)(ii)(G),
                                                                                         573(20)(b)(ii)(H),
                                                                                         573(20)(b)(iii),
                                                                                         573(20)(b)(iii)(A),
                                                                                         573(20)(b)(iii)(B),
                                                                                         573(20)(b)(iv)(A),
                                                                                         573(20)(b)(iv)(A)(I),
                                                                                         573(20)(b)(iv)(A)(II),
                                                                                         573(20)(b)(iv)(B),
                                                                                         573(20)(b)(iv)(C),
                                                                                         573(21)(b)(i),
                                                                                         573(21)(b)(ii).

[[Page 34676]]

 
212...................  NESHAP: Final Standards for     70 FR 59402, 10/12/05.........  110(1), 110(3)(g)(viii);
                         Hazardous Waste Combustors                                      670(1)(b)(i),
                         (Phase I Final Replacement                                      670(1)(b)(v); 400(3)(a)
                         Standards and Phase II).                                        IBR 045(1); 110(1),
                                                                                         110(3),
                                                                                         110(3)(g)(viii); 806
                                                                                         (17), 806(17)(a),
                                                                                         806(17)(a)(i),
                                                                                         806(17)(a)(ii),
                                                                                         806(17)(a)(iii),
                                                                                         806(17)(a)(iv),
                                                                                         806(17)(a)(v),
                                                                                         806(17)(a)(vi),
                                                                                         806(17)(a)(vii),
                                                                                         806(17)(a)(viii),
                                                                                         806(17)(a)(ix),
                                                                                         806(17)(b),
                                                                                         806(4)(f)(v),
                                                                                         806(4)(n),
                                                                                         806(4)(j)(iv)(C),
                                                                                         806(4)(k)(v)(C);
                                                                                         815(2)(b)(iii);
                                                                                         830(4)(j)(i),
                                                                                         830(4)(j)(ii),
                                                                                         830(4)(j)(iii),
                                                                                         830(4)(k),
                                                                                         830(4)(k)(i),
                                                                                         830(4)(k)(i)(A),
                                                                                         830(4)(k)(i)(B),
                                                                                         830(4)(k)(i)(C),
                                                                                         830(4)(k)(i)(D),
                                                                                         830(4)(k)(ii),
                                                                                         830(4)(k)(ii)(A),
                                                                                         830(4)(k)(ii)(B), 830
                                                                                         Appendix L 10; 807
                                                                                         introductory text; 811
                                                                                         IBR 045(1), 841 IBR
                                                                                         045(1).
213 2.................  Burden Reduction Initiative...  71 FR 16862, 4/4/06...........  040 ``performance track
                                                                                         member facility''
                                                                                         definition;
                                                                                         017(5)(b)(ii)(B),
                                                                                         017(5)(b)(ii)(C),
                                                                                         017(5)(b)(ii)(D),
                                                                                         017(5)(b)(ii)(E),
                                                                                         017(5)(b)(ii)(F),
                                                                                         017(5)(b)(ii)(G);
                                                                                         071(3)(w)(iii)(E),
                                                                                         071(3)(s)(ix);
                                                                                         320(2)(c); 330(i);
                                                                                         350(2); 360(2)(j);
                                                                                         380(1), 380(1)(a),
                                                                                         380(1)(b), 380(1)(f),
                                                                                         380(1)(g), 380(1)(i);
                                                                                         645(9)(d),
                                                                                         645(9)(g)(ii),
                                                                                         645(9)(g)(iii),
                                                                                         645(10)(f), 645(10)(g),
                                                                                         645(10)(h)(iii)(A),
                                                                                         645(10)(h)(iii)(B),
                                                                                         645(11)(g);
                                                                                         610(4)(e)(v), 610(6),
                                                                                         610(11); 620(4)(b),
                                                                                         620(6)(b), 620(8)(e);
                                                                                         630(6); 640(2)(a);
                                                                                         640(2)(c)(v)(B),
                                                                                         640(3)(a), 640(3)(c),
                                                                                         640(4)(a)(i),
                                                                                         640(4)(a)(ii),
                                                                                         640(6)(b),
                                                                                         640(6)(b)(ii),
                                                                                         640(6)(b)(i),
                                                                                         640(6)(b)(iii),
                                                                                         640(4)(f), 640(6)(c),
                                                                                         640(6)(d), 640(7)(f);
                                                                                         660(2)(j); 655(8)(b);
                                                                                         140(4)(b)(i),
                                                                                         140(4)(b)(ii),
                                                                                         140(4)(b)(iii),
                                                                                         140(4)(b)(iv),
                                                                                         140(4)(b)(v),
                                                                                         140(4)(b)(v)(A),
                                                                                         140(4)(b)(v)(B);
                                                                                         670(4)(a)(ii),
                                                                                         670(7)(c); 64690 IBR
                                                                                         045(1); 675(2)(a),
                                                                                         675(2)(b), 675(2)(c),
                                                                                         675(4)(a)(iv)(B),
                                                                                         675(4)(g), 675(5)(a);
                                                                                         691(2) IBR 045(1); 695
                                                                                         IBR 045(1); 400(3)(a)
                                                                                         IBR 045(1),
                                                                                         400(3)(c)(v)(A),
                                                                                         400(3)(c)(v)(B),
                                                                                         400(3)(c)(v)(D),
                                                                                         400(3)(c)(v)(E),
                                                                                         400(3)(c)(vi)(C),
                                                                                         400(3)(c)(vi)(D),
                                                                                         400(3)(c)(vi)(E),
                                                                                         400(3)(c)(vii)(C),
                                                                                         400(3)(c)(vii)(D),
                                                                                         400(3)(c)(vii)(E),
                                                                                         400(3)(c)(viii)(A),
                                                                                         400(3)(c)(ix)(B),
                                                                                         400(3)(c)(ix)(C),
                                                                                         400(3)(c)(ix)(D),
                                                                                         400(3)(c)(ix)(E),
                                                                                         400(3)(c)(ix)(G),
                                                                                         400(3)(c)(ix)(H),
                                                                                         400(3)(c)(ix)(I),
                                                                                         400(3)(c)(ix)(J),
                                                                                         400(3)(c)(ix)(K),
                                                                                         400(3)(c)(ix)(L),
                                                                                         400(3)(c)(x),
                                                                                         400(3)(c)(xi)(A),
                                                                                         400(3)(c)(xii)(B),
                                                                                         400(3)(a)(xiii),
                                                                                         400(3)(a)(xiii)(B);
                                                                                         140(4)(b)(i),
                                                                                         140(4)(b)(ii),
                                                                                         140(4)(b)(iii),
                                                                                         140(4)(b)(iv),
                                                                                         140(4)(b)(v),
                                                                                         140(4)(b)(v)(A),
                                                                                         140(4)(b)(v)(B);
                                                                                         400(3)(c)(xviii)(A),
                                                                                         400(3)(c)(xviii)(B),
                                                                                         400(3)(c)(xviii)(C),
                                                                                         400(3)(c)(xviii)(D),
                                                                                         400(3)(c)(xviii)(E),
                                                                                         400(3)(c)(xviii)(F),
                                                                                         400(3)(c)(xx)(B),
                                                                                         400(3)(c)(xx)(A),
                                                                                         400(3)(c)(xx)(C),
                                                                                         400(3)(c)(xxii)(A),
                                                                                         400(3)(c)(xxii)(B);
                                                                                         140(2)(c) IBR 045(1),
                                                                                         140(2)(d) IBR 045(1),
                                                                                         140(2)(e) IBR 045(1),
                                                                                         140(2)(a) IBR 045(1),
                                                                                         140(2)(f) IBR 045(1);
                                                                                         806(4)(a),
                                                                                         806(4)(c)(i),
                                                                                         806(4)(l)(iii)(O);
                                                                                         830(1).
214 2.................  Corrections to Errors in the    71 FR 40254, 7/14/06..........  040 ``incompatible
                         Code of Federal Regulations.                                    waste'' definition; 040
                                                                                         ``personnel or facility
                                                                                         personnel'' definition;
                                                                                         040 ``universal waste''
                                                                                         definition; 040 ``used
                                                                                         oil'' definition;
                                                                                         525(2), 525(3)
                                                                                         introductory paragraph;
                                                                                         016(5)(a); 070(3);
                                                                                         016(5)(a)(i)(B);
                                                                                         071(3)(aa)(i)(B),
                                                                                         071(3)(aa)(ii),
                                                                                         071(3)(aa)(ii)(A),
                                                                                         071(3)(aa)(ii)(B),
                                                                                         071(3)(aa)(ii)(C),
                                                                                         071(3)(aa)(ii)(D),
                                                                                         071(3)(aa)(ii)(E),
                                                                                         071(3)(aa)(ii)(F),
                                                                                         071(3)(g)(i),
                                                                                         071(3)(r)(ii)(F),
                                                                                         071(3)(r)(iii)(A);
                                                                                         120(3)(b), 120(3)(d),
                                                                                         120(3)(g), 120(3)(f),
                                                                                         120(4)(c);
                                                                                         090(5)(a)(iii),
                                                                                         090(5)(a)(iii)(A),
                                                                                         090(5)(a)(iii)(B),
                                                                                         090(5)(a)(iii)(B)(I),
                                                                                         090(5)(a)(iii)(B)(II),
                                                                                         090(5)(a)(iii)(B)(III),
                                                                                         090(5)(a)(iii)(B)(IV),
                                                                                         090(5)(a)(iv),
                                                                                         090(5)(a)(iv)(A),
                                                                                         090(5)(a)(iv)(B),
                                                                                         090(5)(a)(iv)(C),
                                                                                         090(5)(a)(iv)(D),
                                                                                         090(5)(a) Note 1,
                                                                                         090(5)(a) Note 2,
                                                                                         090(5)(a) Note 3,
                                                                                         090(5)(a) Note 4,
                                                                                         090(8)(b); 9904
                                                                                         Footnote; 081(2)(a),
                                                                                         81(2)(a)(i); 9903
                                                                                         Introductory, 9903;
                                                                                         081(1); 082(4) IBR
                                                                                         045(1); 9905;
                                                                                         200(1)(b)(i),
                                                                                         200(1)(b)(ii),
                                                                                         200(1)(b)(iii),
                                                                                         200(1)(b)(iv),
                                                                                         200(1)(b)(v); 230(1)
                                                                                         IBR 045(1); 600(3)(f),
                                                                                         600(5); 280(2);
                                                                                         300(5)(h)(iii)(B);
                                                                                         395(1)(a); 282(3)(g),
                                                                                         282(6)(c)(i)(A);
                                                                                         645(8)(a)(i),
                                                                                         645(8)(a)(i)(A),
                                                                                         645(8)(i)(v),
                                                                                         645(9)(a)(ii),
                                                                                         645(9)(g)(iv)(A),
                                                                                         645(10)(h)(ii);
                                                                                         64610(3); 610(2)(b),
                                                                                         610(3)(a)(ix), 610(6),
                                                                                         610(9), 610(8)(c),
                                                                                         610(10)(b)(i)(B);
                                                                                         620(1)(d)(i),
                                                                                         620(3)(c)(ii),
                                                                                         620(4)(b) IBR 045(1),
                                                                                         620(6)(b) IBR 045(1),
                                                                                         620(8)(b) IBR 045(1),
                                                                                         620(10) IBR 045(1);
                                                                                         630(7)(a)(i);
                                                                                         640(4)(c)(iv),
                                                                                         630(4)(d)(iv),
                                                                                         640(4)(e)(ii)(B),
                                                                                         640(4)(e)(ii)(C),
                                                                                         640(4)(e)(ii)(E)(I),
                                                                                         640(4)(e)(ii)(E)(II),
                                                                                         640(4)(e)(iii)(A),
                                                                                         640(4)(e)(iii)(B),
                                                                                         640(4)(g)(i)(C),
                                                                                         640(4)(g)(i)(D),
                                                                                         640(4)(g)(ii)(A)(I);
                                                                                         650(2)(j)(i)(B),
                                                                                         650(2)(j)(iii)(B),
                                                                                         650(2)(I)(i),
                                                                                         650(2)(I)(ii)(B),
                                                                                         650(2)(I)(ii)(C),
                                                                                         650(11)(b)(i),
                                                                                         650(4)(a)(ii);
                                                                                         660(2)(a)(ii)(A)(I),
                                                                                         660(3)(a), 630(3)(b),
                                                                                         660(10)(b);
                                                                                         655(8)(a)(vii),
                                                                                         655(8)(d), 655(12)(a);
                                                                                         665(2)(h)(ii),
                                                                                         665(2)(j)(ii)(B),
                                                                                         665(8)(a), 665(8)(b),
                                                                                         665(9)(b)(i);
                                                                                         140(4)(b)(v)(B);
                                                                                         665(11)(a); 670(5)(b);
                                                                                         64660(3)(d)(iii),
                                                                                         64660(3)(d)(iv)(F),
                                                                                         64660(3)(f)(ii)(E);
                                                                                         64680(5); 64690 IBR
                                                                                         045(1); 646910(5)(f);
                                                                                         675(4)(a)(i),
                                                                                         675(4)(a)(iv)(A),
                                                                                         675(4)(a)(v),
                                                                                         675(4)(b),
                                                                                         675(4)(m)(ii),
                                                                                         675(4)(m)(iii); 680(1),
                                                                                         680(2)(a),
                                                                                         680(2)(b)(xi),
                                                                                         680(2)(c)(iv);
                                                                                         690(1)(c), 690(2) IBR
                                                                                         045(1); 691(1)(f),
                                                                                         691(2) IBR 045(1);
                                                                                         692(1)(a), 692(1)(c),
                                                                                         692(2) IBR 045(1); 695
                                                                                         IBR 045(1); 380(2)(c),
                                                                                         380(2)(d);
                                                                                         400(2)(c)(ii);
                                                                                         290(1)(a); 310(2)(b);
                                                                                         330(1)(c)(ii);
                                                                                         400(3)(a) IBR 045(1);
                                                                                         360(2)(b);
                                                                                         400(3)(c)(viii),
                                                                                         400(3)(c)(ix)(G),
                                                                                         400(3)(c)(ix)(K),
                                                                                         400(3)(c)(xviii)(C);
                                                                                         380(2)(c), 380(2)(d);
                                                                                         525(1)(a); 140(2)(a)
                                                                                         IBR 045(1); 803(2);
                                                                                         800(2); 802(2);
                                                                                         800(7)(c)(i); 040 ``on-
                                                                                         site'' definition, 040
                                                                                         ``publicly owned
                                                                                         treatment works
                                                                                         (POTW)''; 806(12);
                                                                                         810(13)(a);
                                                                                         803(3)(k)(vii);
                                                                                         806(4)(a);
                                                                                         282(6)(a)(i);
                                                                                         806(4)(a)(xviii)(C),
                                                                                         806(4)(a)(xxvi),
                                                                                         806(4)(d)(vii),
                                                                                         806(4)(e)(ii),
                                                                                         806(4)(e)(viii),
                                                                                         806(4)(g)(viii)(B)(vii)
                                                                                         (A),
                                                                                         806(4)(g)(viii)(B)(vii)
                                                                                         (B),
                                                                                         806(4)(g)(viii)(B)(vii)
                                                                                         (C),
                                                                                         806(4)(g)(viii)(B)(vii)
                                                                                         (D), 806(4)(I)(iii)(O);
                                                                                         815(3)(b); 282(2)(i);
                                                                                         830(4)(d)(ii)(A), 830
                                                                                         Appendix I; 805(1)(b),
                                                                                         805(7)(b)(ii); 040
                                                                                         ``Universal Waste''
                                                                                         definition; 573(10)(a),
                                                                                         573(21)(a); 515(2) IBR
                                                                                         045(1), 515(5)(e),
                                                                                         515(4) IBR 045(1),
                                                                                         515(4) Table 1, 515(8)
                                                                                         IBR 045(1), 515(9) IBR
                                                                                         045(1), 515(10) IBR
                                                                                         045(1), 515(11) IBR
                                                                                         045(1).
215 2.................  Cathode Ray Tubes Rule........  71 FR 42928, 7/28/06..........  040 ``cathode ray tube''
                                                                                         definition; 040 ``CRT
                                                                                         collector'' definition;
                                                                                         040 ``CRT glass
                                                                                         manufacturer''
                                                                                         definition; 040 ``CRT
                                                                                         processing''
                                                                                         definition;
                                                                                         071(3)(oo)(i),
                                                                                         071(3)(oo)(ii),
                                                                                         071(3)(oo)(iii),
                                                                                         071(3)(oo)(iv).

[[Page 34677]]

 
217 2.................  NESHAP: Final Standards for     73 FR 18970, 4/8/08...........  670(1), 670(1)(b)(i),
                         Hazardous Waste Combustors                                      670(1)(b)(iii),
                         (Phase I Final Replacement                                      670(1)(b)(v).
                         Standards and Phase II)
                         Amendments.
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory Checklist is a document that addresses specific changes made to the Federal regulations by one or
  more related final rules published in the Federal Register. EPA develops these checklists as tools to assist
  States in developing their authorization application and in documenting specific State regulations analogous
  to the Federal regulations. For more information on EPA's RCRA State Authorization Guidance see http://www.epa.gov/epawaste/osw/laws-regs/State/index.htm.
\2\ State rule contains more stringent provisions. For identification of the more stringent State provisions
  refer to the Docket ID Number EPA-R10-RCRA-2010-0251 for this proposed rule.


                    Table 2--State Initiated Changes
------------------------------------------------------------------------
State citation--Washington's
  administrative code (WAC)     Reason for change   Analogous federal 40
     (WAC 173-303-* * *)                                CFR citation
------------------------------------------------------------------------
030.........................  Clarification--Add    260 related.
                               acronyms (PODC,
                               DRE, APTI, MACT,
                               TEQ, CAMU, TU).
040.........................  Clarify definition    262.10.
                               for Closure--update
                               to clarify closure
                               applies to
                               recyclers, some
                               generators and some
                               transporters.
040.........................  Compliance            260 related.
                               Procedure--removed
                               the cited dates and
                               added RCW title.
040.........................  Person definition--   260.10.
                               Updated to match
                               Federal rule.
040.........................  Staging Pile          260.10.
                               definition--Updated
                               to match Federal
                               rule.
040.........................  Surface Impoundment   260.10.
                               definition--Change
                               language to reflect
                               Federal definition
                               by deleting the
                               word ``dangerous''.
045.........................  Incorporation by      260-280 related.
                               reference updated
                               to July 2007.
070(7)(c)...................  Clarify that          261/5(c) Intro.
                               counting exclusion
                               applies to permit-
                               by-rule (PBR), not
                               to treatment by
                               generator activity.
070(8)(d)...................  Citations corrected   261.5 related.
                               for used oil burned
                               for energy recovery.
071(3)(cc)(ii)..............  Deletion of           261.4(a)(12)(i),
                               incorrect NAICS       261.4(a)(12)(ii).
                               codes--487110,
                               722310, 425110.
081(1), 081(1)(a) and 082(1)  Clarification on      261.33, 261.31(a).
                               appropriate
                               commercial chemical
                               product waste code.
*083(2)(b)(iii)(A&(B).......  Clarification--SW-84  261.35(b)(2)(iii)(A)
                               6 is incorporated     ,
                               by reference at       261.35(b)(2)(iii)(B
                               110(3)(a).            ).
*090(5)(a)(i) and (6)(a)(i),  Clarification--SW-84  261.21(a)(1),
 & (iii).                      6 test method is      261.22(a)(1),
                               incorporated by       261.22(a)(2).
                               reference at 110(3)
                               Updates to ASTM and
                               NACE procedures.
090(6)(a)(ii)...............  Clarify that the      261.22(a)(1) and
                               NACE test method is   (2).
                               the same as SW-846
                               Method 1110A.
110 title...................  First sentence        260.1, 270.6
                               revised by adding     related.
                               word ``analytes''.
110(2)(a)(vi), (2)(b).......  Clarification on      260.11, 261
                               selection of          (Appendix I,
                               sampling device       Index).
                               Reference to AC&D
                               liquid sample
                               removed.
*110(3)(a)..................  Added ``IIIB          260.11(a) through
                               Update'' and          (g), related.
                               ``Final Update IV''
                               to SW 846 reference.
110(3)(c)...................  Chemical Testing      Previously
                               Methods guidance      authorized as and
                               revisions and         currently related
                               updates.              to 40 CFR 261
                                                     Appendix 1--Test
                                                     Methods.
*110(3)(f)..................  Clarification--Use    260.11 Appendix III.
                               test methods in SW-
                               846 Chapter 2 for
                               identifying toxic
                               constituents.
110(3)(e) through (h).......  Updated referenced    260.11.
                               test methods to
                               latest revision
                               date.
110(3)(g)(x)................  Duplicate deleted     260.11(15).
                               [see
                               110(3)(g)(vii)].
110(5)......................  Citation correction   260.21.
                               from ``to approve''
                               to ``approval for
                               the use of'' an
                               equivalent testing
                               method by
                               submitting a
                               petition.
110(6)......................  Clarification--Test   Technical
                               method results need   clarification,
                               to be reported on a   consistent with and
                               dry weight basis.     no less stringent
                                                     than the Federal
                                                     program, related to
                                                     260.21.

[[Page 34678]]

 
110(7)......................  ``Ground-Water        264 Appendix IX.
                               Monitoring List''
                               Appendix IX to 40
                               CFR part 264 is
                               replaced with the
                               version in Appendix
                               5 of the State's
                               ``Chemical Testing
                               Methods for
                               Designating
                               Dangerous Waste,
                               Publication <greek-
                               i>97-407, June
                               2009'' which is
                               incorporated by
                               reference into the
                               WAC at 173-303-
                               110(1).
120(4)(c)...................  Correct second        261.6(c)(2).
                               repeated (c)(vii)
                               by renumbering as
                               (c)(ix).
*140(2)(a)..................  Clarify that section  268 related,
                               110 test methods      conforming change
                               must be used.         to reflect
                                                     retention of use of
                                                     SW-846 methods.
140(4)(b)(iv)(B)(I).........  ASTM Test method      264.314(e).
                               update.
200(1)(b)(ii) & (iii)         Delete ``stress of    262.34(a)(1)Intro,
 200(4)(a)(iv)(A)(II).         installation''        262.34(a)(1)(ii),
                               phrase and insert     262.34(a)(1)(iii).
                               in 640 and 675.
200(1)(b)(iv)...............  Correct the Federal   262.34(a)(1)(iv).
                               references by
                               substituting State
                               citations for
                               closure and
                               financial
                               assurance. The word
                               ``shall'' was
                               changed to ``must''.
270(3)......................  49 CFR 171.16         263.30(c)(2).
                               reference--updated
                               transporter spill
                               reporting address
                               and method.
281(4)......................  Citations corrected   124.31(a).
                               from WAC 173-303-
                               840 to WAC 173-303-
                               830.
*300(5)(f)..................  Clarify that section  264.13(b)(6),
                               110 test methods      265.13(b)(6),
                               must be where         264.73(b)(3),
                               specific WAC          265.73(b)(3),
                               citations are         conforming change
                               referenced.           to reflect
                                                     retention of use of
                                                     SW-846 methods.
310(1)......................  Reworded to be        264.14, 265.14.
                               consistent with
                               Federal rule.
*380(1)(c)..................  Clarify that section  264.73(b)(3),
                               110 test methods      265.73(b)(3),
                               must be used where    conforming change
                               specific 40 CFR       to reflect
                               citations are         retention of use of
                               referenced.           SW-846 methods.
*380(1)(f)..................  Add ``incorporated    264.73(b)(6),
                               by reference'' for    265.73(b)(6),
                               clarity and           conforming change
                               clarified that        to reflect
                               section 110 test      retention of use of
                               methods must be       SW-846 methods.
                               used where specific
                               WAC citations are
                               referenced.
380(2)(c)...................  Add ``tons (2000      264 Appendix I (2)
                               lbs)'' to unit of     Table 1, 265
                               measure Table 1.      Appendix I (2)
                                                     Table 1.
400(2)(c)(xiv) 400(2)(c)(xv)  Language added for    265.1(c)(5).
                               equivalence with
                               Federal rule.
400(3)(c)...................  Added the word        265 related--more
                               ``qualified'' to      stringent State
                               the description of    requirement.
                               an independent
                               registered
                               professional
                               engineer. This
                               occurs nineteen
                               times in the sub
                               subsection.
*400(3)(c)(iii).............  Clarify that section  265 related,
                               110 test methods      conforming change
                               must be used where    to reflect
                               specific 40 CFR 265   retention of use of
                               subparts are          SW-846 methods.
                               referenced.
400(3)(c)(iv) Moved from      Reference regarding   265.19.
 (3)(c)(x).                    Subpart B is
                               changed because the
                               only part of
                               Subpart B that is
                               incorporated by
                               reference is 265.19.
400(3)(c)(xiii)(A)..........  Correction--the word  265.300 Subpart N--
                               carbonaceous          Landfills, related.
                               replaces carcinogen.
505(1)(b)(iv)...............  Citation corrected..  266.20.
506(3)(vii).................  Deleted CFC           264.110, 265.110
                               recycling exception   Subpart G related,
                               from closure and      264.140, 265.140
                               financial             Subpart H related.
                               responsibility
                               requirements.
510(1)(b)(i)(B).............  Correct internal      260.30(b)
                               citation.             Introduction,
                                                     260.30(b)(1),
                                                     266.100(b)(1).
*515(3).....................  Clarify that section  279.10, conforming
                               110(3) test methods   change to reflect
                               must be used.         retention of use of
                                                     SW-846 methods.
*515(4).....................  Clarify that section  279.11, conforming
                               110(3) test methods   change to reflect
                               must be used.         retention of use of
                                                     SW-846 methods.
*515(8), (9), (10) and        Clarify that section  279.40-47, 279.50-
 (13)(b).                      110(3) test methods   59, 279.60-67,
                               must be used.         279.10, conforming
                                                     change to reflect
                                                     retention of use of
                                                     SW-846 methods.
610(3)(a)(ix),                Citation corrected..  264.112 related.
 (3)(b)(ii)(D), (8)(b)(iv),
 and (8)(d)(ii)(D).
610(6) & (11)...............  Add ``qualified'' to  264.115, 264.120--
                               PE description.       more stringent
                                                     State requirement.
610(12)(e) 620(1)(e)(ii)....  Correction--change    264.143.
                               ``resource
                               reclamation units''
                               to ``recycling
                               units''.
620(4)(d)(iv)...............  Clarification that    264.143.
                               corporate
                               guarantors are also
                               subject to a
                               minimum net worth
                               criteria.

[[Page 34679]]

 
620(4)(c) 620(4)(e)(i)        New financial         264.143.
 620(4)(f).                    instrument option--
                               ``assigned security
                               deposit'' for used
                               oil processors and
                               recyclers.
620(4)(d)(i)................  Clarification that    264.143.
                               used oil processors
                               may use partially
                               funded trust funds.
620(4)(d)(iv)...............  Clarification that    264.143.
                               corporate
                               guarantors are also
                               subject to a
                               minimum net worth
                               criteria.
620(5)(c), 620(5)(d), 620(7)  Edit--add hyphen to   264.143.
                               post-closure.
*640(1)(b)..................  Provide title for     264.190.
                               test method
                               Clarification that
                               SW-846 is
                               incorporated by
                               reference.
*645(4)(a) and (b)            Note that the 40 CFR  264 Appendix IX.
 *645(9)(g)(ii), (iii) and     264 Appendix IX
 (iv)(A) 645(10)(g) 64610(4)   Ground-Water
 806(4)(a)(xx)(D)(II).         monitoring list is
                               included as
                               Appendix 5 in the
                               ``Chemical Testing
                               Methods for
                               Dangerous Waste,
                               Publication <greek-
                               i>97-407, June
                               2009'', which is
                               incorporated by
                               reference at WAC
                               173-303-110(1).
645(8)(c)...................  Update reference to   264.97(c).
                               Chapter 173-160 WAC.
640(4)(c)(i) & 675(4)(a)(v).  Relocate ``stress of  264.573. 264.193.
                               installation''
                               phrase from 200.
64660(3)(d)(iv)(F)..........  Correct ``SW846'' to  264.552 related
                               read ``SW-846''.      (CAMU).
665(13).....................  New subsection Added  264.314.
                               a reference to the
                               liquid waste
                               disposal provision
                               in 140(4)(b).
*690 *691...................  Deleted proposed      264.1030, 264.1050
                               language requiring    (Air Emissions for
                               use of 110(3)(a)      Vents, and
                               test methods.         Equipment Leaks).
806(2)(a)...................  Citation corrected..  270.10.
*806(4)(f)(iii)(A)(III).....  Clarification that    270.19.
                               equivalent
                               analytical
                               techniques must be
                               approved by ecology.
806(8)......................  Updated permit        270.10(c).
                               application
                               requirements for
                               consistency with
                               Federal rule and
                               clarified that
                               facilities must
                               consult with
                               Ecology about
                               submittal of
                               exposure
                               information.
*807(2)(a)(iii).............  Clarification that    270.62.
                               equivalent
                               analytical
                               techniques must be
                               approved by Ecology.
810(11)(c)..................  Duplicate provision   270.30(j)(2).
                               deleted.
810(16).....................  Citation corrected..  270.30(m).
830(4)(b)(vii)..............  Citation corrected..  270.42(b) related.
*910(2)(d)..................  Clarify that          260.20(a),
                               approved equivalent   260.21(d).
                               test methods will
                               be incorporated at
                               110(3).
910(3)......................  Clarify that          260.22(d)(1)(i).
                               exemption petitions
                               also go to EPA for
                               Federal listed
                               wastes.
9901; 9902..................  Delete obsolete       260 Appendix I,
                               title.                related.
------------------------------------------------------------------------
* These State citations were amended to clarify that SW-846 test methods
  must be used, or in some cases requiring the use of test methods
  specifically called out in WAC 173-303-110.

G. Where are the revised State rules different from the Federal rules?

    This section does not discuss all the program differences, because 
in most instances Washington writes its own version of the Federal 
hazardous waste rules. This section highlights those more notable 
differences between the revised State rules and the Federal rules. The 
State regulations that EPA is proposing to authorize are located in 
Tables 1 and 2 in Section F above, and by viewing the Docket. There are 
certain portions of the Federal program which are not delegable to the 
States because of the Federal government's special role in foreign 
policy matters and because of national concerns that arise with certain 
decisions. For example, EPA does not delegate import/export functions. 
Under RCRA regulations found in 40 CFR part 262, EPA will continue to 
implement requirements for import/export functions. However, the State 
rules found at WAC 173-303-230 reference EPA's export and import 
requirements and the State has amended these references to include 
those changes promulgated in the Federal rule ``Corrections to Errors 
in the Code of Federal Regulation, (71 FR 40254, 7/14/06)''.
    The State did not adopt the Federal Methods Innovation Rule (70 FR 
34537, 6/14/05) which amended a variety of testing and monitoring 
requirements found in RCRA and removed from the Federal regulations a 
requirement to use the methods found in ``EPA's Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' also known as 
``SW-846'' in conducting various testing and monitoring. The State 
retained the RCRA-related sampling and analysis requirement to use the 
testing methods found in ``SW-846,'' and EPA considers these changes to 
be state-initiated changes within the scope of Ecology's existing 
authorization that are consistent with and no less stringent than the 
Federal program. (Note: The State does have an existing state-only 
petition process for deviating from ``SW-846'' for equivalent testing 
methods, found at WAC 173-303-110(5) which is not part of its state-
only rule and isn't part of the federally-authorized program. In 
Section F, Table 2, the State citations identified with an asterisk (*) 
indicate those state provisions where the State clarifies that ``SW-
846'' testing methods must be used.)
    We found that the State's definition of ``Designated facility'' 
found at WAC 173-303-040 is equivalent to the Federal definition found 
at 40 CFR 260.10, with the exception of one

[[Page 34680]]

broader in scope phrase that is a state-only requirement. The broader 
in scope phrase which will not be authorized is: ``The following are 
designated facilities only for receipt of State-only waste; they cannot 
receive federal hazardous waste from off-site: Facilities operating 
under WAC 173-303-500(2)(c).''
    States are allowed to seek authorization for more stringent 
requirements than the Federal program. EPA has the authority to 
authorize and enforce those parts of a State's program EPA finds to be 
more stringent than the Federal program. The State revised its previous 
federally authorized mercury-containing equipment requirements with the 
adoption of the Federal Rule for Mercury-Containing Equipment Universal 
Waste (70 FR 45508, 8/5/06). The State's revised mercury-containing 
equipment universal waste rule is more stringent than the Federal rule 
as the State regulates lamps at a lower accumulation limit than the 
Federal rule. Specifically, the State's definitions of small and large 
quantity handlers of universal waste found at WAC 173-303-040 are more 
stringent than the Federal definitions found at 40 CFR 273.9; and the 
State's large quantity handlers of universal waste notification 
standards found at WAC 173-303-573(19)(b)(v) are more stringent than 
the Federal notification standards found at 40 CFR 273.32(b)(5). 
Additionally, the State adopted some portions of the Federal Burden 
Reduction Initiative Rule (70 FR 16862, 4/4/06). The State's rule 
retains many of the Federal requirements that were reduced by the 
Federal Burden Reduction Initiative Rule, and as a result those 
requirements retained by the State are more stringent than their 
Federal counterparts. The State's definitions of ``Cathode ray tubes 
(CRT) and CRT collector'' found at WAC 173-303-040 are more stringent 
than the Federal CRT definitions found at 40 CFR 260.10, because the 
State defines a CRT to mean all categories of CRTs (intact, used and 
broken) and requires that all CRTs be managed (WAC 173-303-
071(3)(oo)(i)-(iv)) under the same standards used in the federal 
program for used and broken CRTs (40 CFR 261.39).

H. Who handles permits after this authorization takes effect?

    After authorization, Washington will continue to issue permits for 
all the provisions for which it is authorized and will administer the 
permits it issues. If EPA issued permits prior to authorizing 
Washington for these revisions, these permits would continue in force 
according to the terms of such permits until the effective date of the 
State's issuance or denial of a State hazardous waste management 
permit, at which time, EPA would modify the existing EPA permit to 
expire at an earlier date, terminate the existing EPA permit for cause, 
or allow the existing EPA permit to otherwise expire by its terms, 
except for those facilities located in Indian Country. EPA will not 
issue any new permits, permit components, or new portions of permits 
for the provisions listed in Section G after the effective date of this 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Washington is not yet authorized.

I. What is codification and is EPA codifying Washington's hazardous 
waste program as authorized in this proposed rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. This is done by 
referencing the authorized State rules in 40 CFR part 272. EPA is 
reserving the amendment of 40 CFR part 272, Subpart WW for this 
authorization of Washington's program revisions until a later date.

J. How does today's action affect Indian Country (18 U.S.C. 1151) in 
Washington?

    EPA's proposed decision to authorize the Washington hazardous waste 
management program does not include any land that is, or becomes after 
the date of authorization, ``Indian Country,'' as defined in 18 U.S.C. 
1151, with the exception of the non-trust lands within the exterior 
boundaries of the Puyallup Indian Reservation (also referred to as the 
``1873 Survey Area'' or ``Survey Area'') located in Tacoma, Washington. 
EPA retains jurisdiction over ``Indian Country''. Effective October 22, 
1998 (63 FR 50531, 9/22/98) the State of Washington was authorized to 
implement the State's Federally-authorized hazardous waste management 
program on the non-trust lands within the 1873 Survey Area of the 
Puyallup Indian Reservation. The authorization did not extend to trust 
lands within the reservation. EPA retains its authority to implement 
RCRA on trust lands and over Indians and Indian activities within the 
1873 Survey Area.

K. Statutory and Executive Order Reviews

    This proposed rule seeks to revise the State of Washington's 
authorized hazardous waste management program pursuant to section 3006 
of RCRA and imposes no requirements other than those currently imposed 
by State law. This proposed rule complies with applicable executive 
orders and statutory provisions as follows:

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'', 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more, or adversely 
affect in a material way, the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs, or the 
rights and obligations of recipients thereof; or (4) raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order. EPA has 
determined that this proposed rule is not a ``significant regulatory 
action'' under the terms of Executive Order 12866 and is therefore not 
subject to OMB review.

2. Paperwork Reduction Act

    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., because this proposed rule does not establish or modify 
any information or recordkeeping requirements for the regulated 
community and only seeks to authorize the pre-existing requirements 
under State law and imposes no additional requirements beyond those 
imposed by State law. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing, and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources;

[[Page 34681]]

complete and review the collection of information; and transmit or 
otherwise disclose the information. An Agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations in Title 40 of the CFR 
are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions. 
For purposes of assessing the impacts of today's proposed rule on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's size regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district, or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field. I certify that this proposed rule will not have 
a significant economic impact on a substantial number of small entities 
because the proposed rule will only have the effect of authorizing pre-
existing requirements under State law and imposes no additional 
requirements beyond those imposed by State law. EPA continues to be 
interested in the potential impacts of the proposed rule on small 
entities and welcomes comments on issues related to such impacts.

4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written Statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures and final rules with ``Federal mandates'' 
that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written Statement is needed section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective, or least 
burdensome alternative if the Administrator publishes with the rule an 
explanation why the alternative was not adopted. Before EPA establishes 
any regulatory requirements that may significantly or uniquely affect 
small governments, including tribal governments, it must have developed 
under section 203 of the UMRA a small government agency plan. The plan 
must provide for notifying potentially affected small governments, 
enabling officials of affected small governments to have meaningful and 
timely input in the development of EPA regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements. Today's proposed rule contains no Federal 
mandates (under the regulatory provisions of Title II of the UMRA) for 
State, local, or tribal governments or the private sector. It imposes 
no new enforceable duty on any State, local or tribal governments or 
the private sector. Similarly, EPA has also determined that this 
proposed rule contains no regulatory requirements that might 
significantly or uniquely affect small government entities. Thus, 
today's proposed rule is not subject to the requirements of sections 
202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

    This proposed rule does not have Federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
rule proposes to authorize pre-existing State rules. Thus, Executive 
Order 13132 does not apply to this proposed rule. In the spirit of 
Executive Order 13132, and consistent with EPA policy to promote 
communications between EPA and State and local governments, EPA 
specifically solicits comment on this proposed rule from State and 
local officials.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175 because 
EPA retains its authority over Indian Country. Thus, Executive Order 
13175 does not apply to this proposed rule. EPA specifically solicits 
additional comment on this proposed rule from tribal officials.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it proposes to 
approve a State program.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a ``significant regulatory action'' as defined under Executive 
Order 12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use

[[Page 34682]]

available and applicable voluntary consensus standards. This proposed 
rulemaking does not involve technical standards. Therefore, EPA is not 
considering the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this proposed 
rule will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations. This 
proposed rule does not affect the level of protection provided to human 
health or the environment because this rule proposes to authorize pre-
existing State rules which are equivalent to, and no less stringent 
than existing Federal requirements.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority:  This proposed action 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: June 1, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-13851 Filed 6-17-10; 8:45 am]
BILLING CODE 6560-50-P


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