

[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]               
[Page 63253-63263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc06-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8235-5]

 
Washington: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Washington has applied to EPA for Final authorization of 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act, as amended, (RCRA). EPA has determined that these 
changes satisfy all requirements needed to qualify for Final 
authorization, and is authorizing the State's changes through this 
immediate final rule. EPA is publishing this rule to authorize the 
changes without a prior proposal because we believe this action is not 
controversial and do not expect comments that oppose it.

DATES: This final authorization will become effective on December 29, 
2006, unless EPA receives adverse written comments on or before 
November 29, 2006. If we receive comments that oppose this action, EPA 
will publish a document in the Federal Register withdrawing this rule 
before it takes effect.

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0810 
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: kocourek.nina@epamail.epa.gov.
    3. Fax: 206-553-8509.
    4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste 
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington 
98101.
    Instructions: Direct your comments to EPA-10-RCRA-2006-0810. EPA's 
policy is that all comments received will be included in the public 
file 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 website is an ``anonymous access'' 

system which means that 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 file 
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 and 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://.

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 during normal business 

hours at the U.S. Environmental Protection Agency, Region 10 Library, 
1200 Sixth Avenue, Seattle, Washington, 98101, phone, and (206) 553-
1289. The EPA Region 10 Library is open from 9 a.m. to 12 p.m. and from 
1 p.m. to 2:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, 
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, 
Seattle, Washington 98101, phone number (206) 553-6502, fax number 
(206) 553-8509, e-mail: kocourek.nina@epa.gov; or Patricia Hervieux, 
Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington 
98503, phone (360) 407-6756, e-mail: pher461@ecy.wa.gov.

SUPPLEMENTARY INFORMATION:

I. Authorization of Revisions to State Program and of State-Initiated 
Changes to Washington's Hazardous Waste Program

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous 
waste 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

[[Page 63254]]

Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Washington's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, with respect to these revisions, we are 
granting Washington final authorization to operate its hazardous waste 
program as described in the revision authorization application. 
Washington's authorized program will be responsible for carrying out 
the aspects of the RCRA program as described in its revised program 
application, subject to the limitations of RCRA, including 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 take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those HSWA requirements and prohibitions for which Washington 
has not been authorized, including issuing HSWA permits, until the 
State is granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

    The effect of this authorization decision is that a facility in 
Washington subject to RCRA will continue to be subject to the 
authorized State requirements and to the Federal HSWA provisions for 
which the State is not authorized in order to comply with RCRA. 
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 authority includes, among other things, the authority 
to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Washington 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Washington is 
being authorized by this action are already effective under State law, 
and are not changed by this action.

D. Why Wasn't There a Proposed Rule Before This Rule?

    EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of this Federal 
Register, we are publishing a separate document that proposes to 
authorize Washington's program changes. If we receive comments, which 
oppose this authorization, that document will serve as a proposal to 
authorize these changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If we receive comments that oppose this action, EPA will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect. EPA will then address public comments in a later final rule 
based on the proposed rule in this Federal Register. If we receive 
comments that oppose only the authorization of a particular change to 
the State hazardous waste program, we will withdraw that part of this 
rule. However, the authorization of program changes that are not 
opposed by any comments will become effective on December 29, 2006. A 
Federal Register withdrawal document will specify which part of the 
authorization will become effective and which part is being withdrawn. 
You may not have another opportunity to comment. If you want to comment 
on this authorization, you must do so at this time.

F. 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) and on April 14, 2006, effective 
June 13, 2006 (71 FR 19442).

G. What Revisions Are We Authorizing With This Action?

    We are granting final authorization for the revisions to 
Washington's federally-authorized program described in Washington's 
final complete program revision application submitted to EPA on June 
26, 2006, and deemed complete by EPA on July 25, 2006. We have made a 
final determination, subject to receipt of written comments that oppose 
this action, that Washington's hazardous waste program revisions, as 
described in this rule, satisfy the requirements necessary for final 
authorization. Regulatory revisions that are less stringent than the 
Federal program requirements and those regulatory revisions that are 
broader in scope than the Federal program requirements are not 
authorized. Washington's authorized hazardous waste program, as amended 
by these provisions, remains equivalent to, consistent with, and is no 
less stringent than the Federal RCRA program. Therefore, we grant final 
authorization for the following program changes as identified in Table 
1 and Table 2 below.
    The provisions listed in these tables are from the Washington 
Administrative Code (WAC) and are analogous to the RCRA regulations as 
indicated in the tables. The RCRA regulations are those as published in 
40 CFR parts 260 through 265, 268, 270, and 279, as of July 1, 2003, 
unless otherwise noted. Table 1 identifies new State rules that EPA is 
authorizing as equivalent or more stringent to the Federal program, and 
Table 2 identifies those State-initiated changes to its previously-
authorized program. (Note, in Table 2 some State provisions have no 
direct Federal analog but are related to particular paragraphs, 
sections, or parts of the Federal hazardous waste requirements in the 
40 CFR). All of the referenced analogous State authorities were legally 
adopted and effective as of January 1, 2005.

                  Table 1.--Equivalent and More Stringent Analogues to the Federal Program \1\
----------------------------------------------------------------------------------------------------------------
                                                                                      Analogous state authority
           Checklist \4\              Federal requirements      Federal Register         (WAC 173-303-* * *)
----------------------------------------------------------------------------------------------------------------
17D \3\............................  Waste Minimization      50 FR 28702, 7/15/85..  180(1); 370(1); 380(1);
                                      HSWA Codification                               390(1); 380(1)(q);
                                      Rule.                                           810(11)(c); 805(1)(b),
                                                                                      805(1)(c).

[[Page 63255]]


30.................................  Biennial Report         51 FR 28556, 8/8/86...  390(2)(g), 390(2)(h),
                                      Correction.                                     390(2)(i).
108................................  Toxicity                57 FR 30657, 7/10/92..  071(3)(aa); 071(3)(g)(i);
                                      Characteristic                                  400(3)(a) Incorporated by
                                      Revisions; Technical                            Reference (IBR) 045(1)
                                      Corrections.
152................................  Imports and Exports of  61 FR 16290, 4/12/96..  120(6); 170(6); 070(1);
                                      Hazardous Waste:                                230(2); 280(1), 280(2);
                                      Implementation of                               600(3)(f); 950; 960;
                                      OECD Council Decision.                          230(1) IBR 045(1);
                                                                                      240(11); 250(1);
                                                                                      290(1)(a), 290(1)(b);
                                                                                      370(6); 525(1)(b)(ii),
                                                                                      525(1)(b)(iii); 573(16);
                                                                                      573(27), 573(34), 573(38),
                                                                                      573(38)(d).
156 \3\............................  Military Munitions      62 FR 6622, 2/12/97...  578(3); 578(4)(d),
                                      Rule.                                           578(4)(d)(i),
                                                                                      578(4)(d)(ii), 578(4)(e).
159................................  Conformance With the    62 FR 32974, 6/17/97..  9904; 082(1); 9903; 082(4)
                                      Carbamate Vacatur.                              IBR 045(1); 9905;
                                                                                      140(2)(a) IBR 045(1).
161................................  Emergency Revision of   62 FR 45568, 8/28/97..  140(2)(a) IBR 045(1).
                                      the Carbamate Land
                                      Disposal Restrictions
                                      (LDR).
168................................  Hazardous Waste         63 FR 33782, 6/19/98..  830(4)(j), 830(4)(j)(i),
                                      Combustors; Revised                             830(4)(j)(ii), 830
                                      Standards.                                      Appendix I--L. 9.;
                                                                                      805(7)(b)(viii).
182................................  Hazardous Air           64 FR 52828, 9/30/99    040; 670(1)(b),
                                      Pollutants Standards    amended at 64 FR        670(1)(b)(i),
                                      for Combustors.         63209, 11/19/99.        670(1)(b)(ii), 670(1)(c),
                                                                                      670(1)(d); 680(2);
                                                                                      400(3)(a) IBR 045(1);
                                                                                      510(1)(a) IBR 045(1);
                                                                                      806(4)(f), 806(4)(f)(v),
                                                                                      806(4)(n); 830 Appendix I--
                                                                                      A.8 and I.9.; 807 Intro.;
                                                                                      811 IBR 045(1).
183................................  LDR Phase IV--          64 FR 56469, 10/20/99.  9904; 082(1); 200(1)(f);
                                      Technical Correction.                           140(2)(a) IBR 045(1).
184 \2\............................  Accumulation Time for   65 FR 12378, 3/8/00...  200(1)(e), 200(1)(f);
                                      Waste Water Treatment                           200(4)(a), 200(4)(a)(i),
                                      Sludges.                                        200(4)(a)(ii),
                                                                                      200(4)(a)(iii),
                                                                                      200(4)(a)(iv),
                                                                                      200(4)(a)(iv)(A),
                                                                                      200(4)(a)(iv)(A)(I),
                                                                                      200(4)(a)(iv)(A)(II),
                                                                                      200(4)(a)(iv)(A)(III),
                                                                                      200(4)(a)(iv)(A)(III) 1st
                                                                                      and 2nd Bullets,
                                                                                      200(4)(a)(iv)(B),
                                                                                      200(4)(a)(iv)(C),
                                                                                      200(4)(a)(v)(D),
                                                                                      200(4)(a)(iv)(E),
                                                                                      200(4)(b), 200(4)(c).
187................................  Petroleum Refining      64 FR 36365, 6/8/00...  9904; 140(2) IBR 045(1).
                                      Process Wastes--
                                      Clarification.
188................................  Hazardous Air           65 FR 42292, 7/10/00..  670(1)(b)(i),
                                      Pollutant Standards;                            670(1)(b)(iii);
                                      Technical Corrections.                          830(4)(j)(i).
189................................  Chlorinated Aliphatics  65 FR 67068, 11/8/00..  9904; 082(1); 082(4) IBR
                                      Listing and LDR for                             045(1); 9905; 140(2)(a)
                                      Newly Identified                                IBR 045(1).
                                      Wastes.
192A \2\...........................  Mixture and Derived--   66 FR 27266, 5/16/01..  070(2)(a), 070(2)(c)(i),
                                      From Rules Revisions.                           070(2)(c)(ii),
                                                                                      070(2)(c)(ii)(A),
                                                                                      070(2)(c)(ii)(B); 071(2),
                                                                                      071(3)(bb), 071(3)(o);
                                                                                      081(3); 082(3).
192B...............................  LDR Correction........  66 FR 27266, 5/16/01..  140(2) IBR 045(1).
193................................  Change of Official EPA  66 FR 34374, 6/28/01..  110(3)(a).
                                      Mailing Address.
194 \2\............................  Mixture and Derived--   66 FR 50332, 10/3/01..  071(2); 081(3); and 082(3).
                                      From Rules Revision
                                      II.
195................................  Inorganic Chemical      66 FR 58258, 11/20/01;  071(3)(kk), 071(3)(kk)(i),
                                      Manufacturing Wastes    67 FR 17119, 4/9/02.    071(3)(kk)(ii),
                                      Identification and                              071(3)(kk)(iii),
                                      Listing.                                        071(3)(kk)(iv),
                                                                                      071(3)(kk)(v); 9904;
                                                                                      082(1), 082(4) IBR 045(1);
                                                                                      140(2)(a) IBR 045(1).

[[Page 63256]]


196................................  Corrective Action       67 FR 2962, 1/22/02...  040; 64650(1), 64650(2);
                                      Management Unit                                 64640, 64640(1); 64650(3),
                                      (CAMU) Amendments.                              64650(3)(a),
                                                                                      64650(3)(a)(i),
                                                                                      64650(3)(a)(ii),
                                                                                      64650(3)(a)(ii)(A),
                                                                                      64650(3)(a)(ii)(B),
                                                                                      64650(3)(a)(iii),
                                                                                      64650(3)(b), 64650(3)(c),
                                                                                      64650(3)(c)(i),
                                                                                      64650(3)(c)(ii),
                                                                                      64650(3)(c)(iii),
                                                                                      64650(3)(c)(iv),
                                                                                      64650(3)(d), 64650(3)(e);
                                                                                      64670(1), 64670(1)(a),
                                                                                      64670(1)(b), 64670(2);
                                                                                      64660(1), 64660(1)(a),
                                                                                      64660(1)(b), 64660(1)(c),
                                                                                      64660(1)(d), 64660(1)(e),
                                                                                      64660(1)(f), 64660(1)(g),
                                                                                      64660(2), 64660(2)(a),
                                                                                      64660(2)(b), 64660(2)(c),
                                                                                      64660(3), 64660(3)(a),
                                                                                      64660(3)(b), 64660(3)(c),
                                                                                      64660(3)(c)(i),
                                                                                      64660(3)(c)(ii),
                                                                                      64660(3)(c)(ii)(A),
                                                                                      64660(3)(c)(ii)(B),
                                                                                      64660(3)(d),
                                                                                      64660(3)(d)(i),
                                                                                      64660(3)(d)(i)(A),
                                                                                      64660(3)(d)(i)(A)(I),
                                                                                      64660(3)(d)(i)(A)(II),
                                                                                      64660(3)(d)(i)(B),
                                                                                      64660(3)(d)(i)(C),
                                                                                      64660(3)(d)(ii),
                                                                                      64660(3)(d)(iii),
                                                                                      64660(3)(d)(iv),
                                                                                      64660(3)(d)(iv)(A),
                                                                                      64660(3)(d)(iv)(B),
                                                                                      64660(3)(d)(iv)(C),
                                                                                      64660(3)(d)(iv)(D),
                                                                                      64660(3)(d)(iv)(E),
                                                                                      64660(3)(d)(iv)(F),
                                                                                      64660(3)(d)(v),
                                                                                      64660(3)(d)(v)(A),
                                                                                      64660(3)(d)(v)(B),
                                                                                      64660(3)(d)(v)(C),
                                                                                      64660(3)(d)(v)(D),
                                                                                      64660(3)(d)(v)(E),
                                                                                      64660(3)(d)(v)(E)(I),
                                                                                      64660(3)(d)(v)(E)(II),
                                                                                      64660(3)(d)(v)(E)(III),
                                                                                      64660(3)(d)(v)(E)(IV),
                                                                                      64660(3)(d)(v)(E)(V),
                                                                                      64660(3)(d)(vi),
                                                                                      64660(3)(d)(vii),
                                                                                      64660(3)(e),
                                                                                      64660(3)(e)(i),
                                                                                      64660(3)(e)(ii),
                                                                                      64660(3)(e)(iii),
                                                                                      64660(3)(f),
                                                                                      64660(3)(f)(iv),
                                                                                      64660(3)(f)(i),
                                                                                      64660(3)(f)(i)(A),
                                                                                      64660(3)(f)(i)(B),
                                                                                      64660(3)(f)(ii),
                                                                                      64660(3)(f)(ii)(A),
                                                                                      64660(3)(f)(ii)(B),
                                                                                      64660(3)(f)(ii)(C),
                                                                                      64660(3)(f)(ii)(D),
                                                                                      64660(3)(f)(ii)(E),
                                                                                      64660(3)(f)(ii)(F),
                                                                                      64660(3)(f)(iii),
                                                                                      64660(3)(f)(iii)(A),
                                                                                      64660(3)(f)(iii)(A)(I),
                                                                                      64660(3)(f)(iii)(A)(II),
                                                                                      64660(3)(f)(iii)(A)(III),
                                                                                      64660(3)(f)(iii)(A)(IV),
                                                                                      64660(3)(f)(iii)(A)(V),
                                                                                      64660(3)(f)(iii)(B),
                                                                                      64660(3)(f)(iv), 64660(4),
                                                                                      64660(4)(a), 64660(4)(b),
                                                                                      64660(4)(b)(i),
                                                                                      64660(4)(b)(ii), 64660(5),
                                                                                      64660(6), 64660(7),
                                                                                      64660(8); 64650(4); 64690
                                                                                      IBR 045(1); 646910(1),
                                                                                      646910(1)(a),
                                                                                      646910(1)(b),
                                                                                      646910(1)(b)(i),
                                                                                      646910(1)(b)(ii),
                                                                                      646910(1)(b)(iii),
                                                                                      646910(1)(c), 646910(2),
                                                                                      646910(3), 646910(4),
                                                                                      646910(5), 646910(5)(a),
                                                                                      646910(5)(b),
                                                                                      646910(5)(c),
                                                                                      646910(5)(d),
                                                                                      646910(5)(e),
                                                                                      646910(5)(f), 646910(6),
                                                                                      646910(7).
197................................  Hazardous Air           67 FR 6792, 2/13/02...  670(1)(b)(i),
                                      Pollutant Standards                             670(1)(b)(iv),
                                      for Combustors:                                 670(1)(b)(iv)(A),
                                      Interim Standards.                              670(1)(b)(iv)(B);
                                                                                      400(3)(a) IBR 045(1);
                                                                                      806(4)(f)(v), 806(4)(n);
                                                                                      807 Introduction; 811 IBR
                                                                                      045(1); 841 IBR 045(1).
198................................  Hazardous Air           67 FR 6968, 2/14/02...  510(1)(a) IBR 045(1);
                                      Pollutant Standards                             830(4)(j)(i).
                                      for Combustors:
                                      Corrections.
200................................  Zinc Fertilizer Rule..  67 FR 48393, 7/24/02..  071(3), 071(3)(pp),
                                                                                      071(3)(pp)(i),
                                                                                      071(3)(pp)(i)(A),
                                                                                      071(3)(pp)(i)(B),
                                                                                      071(3)(pp)(ii),
                                                                                      071(3)(pp)(iii),
                                                                                      071(3)(pp)(iii)(A),
                                                                                      071(3)(pp)(iii)(B),
                                                                                      071(3)(pp)(iii)(C),
                                                                                      071(3)(pp)(iii)(D),
                                                                                      071(3)(pp)(iii)(E),
                                                                                      071(3)(pp)(iii)(F);
                                                                                      505(1)(b)(i),
                                                                                      505(1)(b)(iii),
                                                                                      505(1)(b)(iii)(A),
                                                                                      505(1)(b)(iii)(B);
                                                                                      140(2)(a) IBR 045(1).
201................................  Treatment Variance for  67 FR 62618, 10/7/02..  140(2)(a) IBR 045(1).
                                      Radioactively
                                      Contaminated
                                      Batteries.
202................................  Hazardous Air           67 FR 77687, 12/19/02.  806(4)(f)(v), 806(4)(n);
                                      Pollutant Standards                             807 Introduction; 811 IBR
                                      for Combustors:                                 045(1).
                                      Corrections 2.
204 \2\, 204.1 \2\.................  Performance Track and   69 FR 21737, 4/22/04    200(5) IBR 045(1),
                                      Amendments.             amended 69 FR 62217,    200(5)(a), 200(5)(b),
                                                              10/25/04.               200(5)(c), 200(5)(d),
                                                                                      200(5)(e).

[[Page 63257]]


209 \2\............................  Mercury Containing      70 FR 45508, 8/5/05...  040; 077(2), 077(3);
                                      Equipment, Universal                            600(3)(o)(ii),
                                      Waste.                                          600(3)(o)(iii);
                                                                                      400(2)(c)(xi)(B),
                                                                                      400(2)(c)(xi)(C);
                                                                                      573(4)(d) IBR 045(1);
                                                                                      800(7)(c)(iii)(B),
                                                                                      800(7)(c)(iii)(C);
                                                                                      573(3)(a), 573(3)(b),
                                                                                      573(3)(b)(i),
                                                                                      573(3)(b)(ii),
                                                                                      573(3)(c)(i),
                                                                                      573(3)(c)(ii), 573(4)(a),
                                                                                      573(4)(b), 573(4)(b)(i),
                                                                                      573(4)(b)(ii),
                                                                                      573(4)(c)(i),
                                                                                      573(4)(c)(ii); 573(9)(b),
                                                                                      573(9)(b)(i),
                                                                                      573(9)(b)(ii),
                                                                                      573(9)(b)(ii)(A)-(H),
                                                                                      573(9)(b)(iii)(A),
                                                                                      573(9)(b)(iii)(A)(I),
                                                                                      573(9)(b)(iii) (9)(A)(II),
                                                                                      573(9)(b)(iii)(B),
                                                                                      573(9)(b)(iii)(C),
                                                                                      573(10)(b), 573(10)(c),
                                                                                      573(11)(c)(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)-(H),
                                                                                      573(20)(b)(iii)(A),
                                                                                      573(20)(b)(iii)(A)(I),
                                                                                      573(20)(b)(iii)(A)(II),
                                                                                      573(20)(b)(iii)(B),
                                                                                      573(20)(b)(iii)(C),
                                                                                      573(21)(b), 573(21)(c),
                                                                                      573(22)(c)(ii),
                                                                                      573(26)(a)(ii),
                                                                                      573(26)(b)(ii),
                                                                                      573(37)(a)(ii).
13, 79 (Consolidated Checklist C2).  Identification and      50 FR 614, 1/4/85;      120(4).
                                      Listing of Hazardous    amended 50 FR 14216,
                                      Waste--Recycling        4/11/85 and 50 FR
                                      Facility Requirements.  33541, 8/20/85; 55 FR
                                                              25454, 6/21/90.
IVA, IVB, 34, 64, 78, 102            Standards for Owners    45 FR 33232, 5/19/80;   300(1), 300(2); 040.
 (Consolidated Checklist C5/C6).      and Operators of        51 FR 40572, 11/7/86
                                      Hazardous Waste         amended 52 FR 21010,
                                      Treatment Storage and   6/4/87; 54 FR 33376,
                                      Disposal Facilities--   8/14/89; 55 FR 22520,
                                      Waste Analysis Plan.    6/1/90; 57 FR 8086, 3/
                                                              6/92.
V, 13, 71 (Consolidated Checklist    Permits by Rule--       48 FR 14228, 4/12/83,   802(5)(a), 802(5)(b); 040.
 C9 \2\).                             Subpart F--Special      amended 48 FR 30113,
                                      Forms of Permits.       6/30/83; 50 FR 614, 1/
                                                              4/85; amended 50 FR
                                                              14216, 4/11/85 and 50
                                                              FR 33541, 8/20/85; 55
                                                              FR 2322, 1/23/90.
54, 85, 94, 168, 188, 198            Hazardous Waste         53 FR 37912, 9/28/88    830(4)(g), 830(4)(g)(i),
 (Consolidated Checklist C9).         Management              amended 53 FR 41649,    830(4)(g)(i)(A),
                                      Facilities--Boilers     10/24/88; 56 FR 7134,   830(4)(g)(i)(B),
                                      and Industrial          2/21/91; 56 FR 32688,   830(4)(g)(i)(C),
                                      Furnaces.               7/17/91; 63 FR 33782,   830(4)(g)(i)(D),
                                                              6/19/98; 65 FR 42292,   830(4)(g)(i)(E),
                                                              7/10/00; amended 66     830(4)(j), 830(4)(j)(i),
                                                              FR 24270, 5/14/01 and   830(4)(j)(ii).
                                                              66 FR 35087, 7/3/01;
                                                              67 FR 6968, 2/14/02.
----------------------------------------------------------------------------------------------------------------
\1\ For further discussion on where the revised State rules differ from the Federal rules refer to Section G.
  below, the authorization revision application, and the administrative record for this decision.
\2\ State rule contains some more stringent provisions. For identification of more stringent State provisions
  refer to the authorization revision application and the administrative record for this decision.
\3\ State requested authorization for portions of the Federal regulation. For identification of which portions
  are authorized refer to the authorization revision application and the administrative record for this
  decision.
\4\ Checklists generally reflect changes made to the Federal regulations pursuant to a particular Federal
  Register notice and EPA publishes these Checklists as aids for States to use for the development of their
  authorization application. (See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/
  hazwaste/state/rcra.)



                    Table 2.--State Initiated Changes
------------------------------------------------------------------------
State requirement and reason for change      Analogous Federal 40 CFR
          (WAC 173-303-* * *)                      citation\1\
------------------------------------------------------------------------
40 ``Partial closure'' definition,       260.10.
 Internal citation corrected.
045(1), Date of incorporation by         No direct federal analog.
 reference updated.
045(2)(a) Federal citation for a         260.20-260.22.
 delegable provision moved to next sub-
 subsection.
045(2)(b), Citation corrected..........  264.301(l).
045(2)(c), Citation corrected..........  268.5, 268.6, 268.10-14,
                                          268.42(b), 268.44 except
                                          268.44(a)-(g).
045(3), Clarification of delegable       260.20-22.
 federal citation not incorporated by
 reference.
045(4), New subsection--substitution of  No direct federal analog.
 state for federal terms.
060(1), Clarification of ID     262.12(a)&(c).
 issuance and state-only transfer
 facility registration number issuance.
060(2), Corrections for new form name..  262.12(b).
060(5), Corrections for new form name..  262.12 related.
070(2)(c), Hazardous debris exclusion    261.3(f).
 moved to 071(3)(qq).
070(7)(c)(ii), Citation added..........  261.5(c) and 262.10 related.
070(8)(b)(iii)(C), Citation updated....  261.5(f)(3) & 261.5(g)(3)
                                          related.
070(8)(d), Clarification of application  261.6(a)(4).
 of used oil standards to CESQGs.
071(3)(k), Citation corrected..........  No direct federal analog.

[[Page 63258]]


071(3)(o), SIC changed to NAIC Codes...  261.3(c)(2)(ii)(A).
071(3)(cc), SIC changed to NAIC Codes..  261.4(a)(12).
071(3)(hh), SIC changed to NAIC Codes..  261.4(a)(18).
071(3)(nn), State-only drug exclusion..  No direct federal analog.
081(3), Clarification of ``mixture''     261.3(c).
 language.
082(3), Clarification of ``mixture''     261.3(b)(2).
 language.
090(5)(a)(iii), Citation deletion to     261.21.
 conform to federal rule.
100(5)(b)(i), Clarification............  No direct federal analog.
100(6), Publication reference update...  No direct federal analog.
100(6)(d), Obsolete reference deleted..  No direct federal analog.
104, State-only waste codes identified   No direct federal analog.
 in one location.
110(3)(g)(vii), Spelling correction and  260.11(a)(15).
 year update.
120(3).................................  261.6(a)(2).
120(4).................................  261.6(c)(1).
120(4)(c)(v)-(viii)....................  261.6(c)(2).
Closure requirements for recycling and
 used oil facilities (new in 2005).
140(2)(a), Citation added Clarification  Part 268.
161(6), 5 years added as retention       No direct federal analog.
 period for labpacks.
170(5), Citations corrected............  262.10(i).
190(5)(b), Marking directions corrected  No direct federal analog 262.30-
                                          260.33 related.
200(1)(b)(i)&(ii), Citation corrected..  262.34(a)(1) intro and
                                          (a)(1)(i) & (ii).
200(1)(b)(ii)&(iii), Stress of           262.34(a)(1) intro and
 installation added for equivalence       (a)(1)(ii) & (iii).
 with federal rule.
200(1)(b)(iv)(B), Citation added for     262.34(a)(1)(iv) paragraph
 equivalence with federal rule at un-     following (B).
 numbered paragraph following (B).
200(1)(e)(i), Citation added for         262.34(a)(4).
 equivalence with federal rule.
201(2)(e), Citations corrected;          262.34(d).
 generators of between 220 and 2200
 pounds are subject to secondary
 containment.
210(2), Corrections for new form name..  262.40(b).
240(6)(a), Corrections for new form      263.12 related.
 name.
283(2), Citation corrected.............  No direct federal analog.
290(1)(a)(i) through (vi), Subsection    264/265.12(a).
 renumbered.
320(2)(a), Edit for clarity............  264/265.15 except (b)(4)&(d).
380(1)(i), (j), (k), (l), (m), (n),      264.73(b)(8), (9), (10), (11),
 (o), Citations corrected.                (12), (13), (14), (15), and
                                          (16).
380(1)(p), Reference added.............  264.73(b)(17).
390(1), Deleted obsolete form title....  264/265 Intro.
395(1)(d), Uniform Fire Code changed to  264/265.17.
 International Fire Code.
400(3)(c)(ix), Closure notification      265.112(d)(1) related.
 clarified.
400(3)(c)(xi)(C) & (G), Citations        265 related.
 corrected.
500(1), Reference to 120(3) & (5) added  No federal analog.
505(1) Intro, Reference to 120(3) added  No direct federal analog.
505(1)(b), State fertilizer              No direct federal analog.
 registration requirements moved from
 (1)(b)(i) to (1)(b)(iv).
506(1), Reference to 120(3) added......  261.4(b)(12).
510(1), Reference to 120(3) added......  266.30(a) (1990 CFR).
510(1)(b)(i)(B) and Note,                266.30(b) intro and (b)(1)
 Clarification; Previous (C) deleted      (1990 CFR) 266.100(b)(1) (1999
 and consolidated into (B) References     CFR).
 to state-only W001 removed.
515(5)(a), State waste code W001         279.12.
 changed to WPCB.
515(9)(a), Closure requirements for      279.52 related.
 recycling and used oil facilities (new
 in 2005).
515(13), Used oil testing (new           279 related.
 subsection).
520 Intro, Reference to 120(3) added...  266.80(a).
522(1), Reference to 120(3) added......  No federal analog.
525(1), Reference to 120(3) added......  266.70 except 266.70(v)(3).
600(3)(e), Citation correction.........  270.1(c)(2) 264.1(b).
600(3)(g), Citation correction.........  270.1(c)(2) 264.1(b).
610(1)(c), (previous ``c'' became ``d''  264.110 related.
 & ``d'' became ``e'') Closure
 requirements for recycling and used
 oil facilities (new in 2005).
610(2)(b)(i), Closure standard wording   264.111(c).
 corrected.
610(3)(c)(i), Closure notification       264.112(d).
 clarified.
610(12) New subsection, Closure          264.112 related.
 requirements for recycling and used
 oil facilities (new in 2005).
620(1)(e) New sub-subsection, Closure    264.140 related.
 requirements for recycling and used
 oil facilities (new in 2005).
620(2)(a), Closure requirements for      264.141(a)-(e) related.
 recycling and used oil facilities (new
 in 2005); Closure plan definition
 modified to include recycling and used
 oil processors.
620(3), New un-numbered exception        264.142 related.
 paragraph, Closure requirements for
 recycling and used oil facilities (new
 in 2005).
620(4)(a), Reference to used oil and     264.143 related.
 recycling facilities added, Closure
 requirements for recycling and used
 oil facilities (new in 2005).
620(4)(b), Clarification...............  264.143.

[[Page 63259]]


620(4)(c), New sub-subsection, Closure   No direct federal analog.
 requirements for recycling and used
 oil facilities (new in 2005).
620(6)(a)(i), Partially funded trust     264.145.
 funds no longer allowed for closure.
620(6)(a)(v), Minimum ratings of         264.145.
 financial strength for financial and
 insurance institutions required.
620(6)(a)(vi), Minimum tangible net      264.145.
 worth increased to $20M.
620(8)(a), Closure requirements for      264.147(a).
 recycling and used oil facilities (new
 in 2005); Liability requirements
 modified to apply to recyclers and
 used oil processors.
620(8)(a)(i), Minimum ratings of         264.147(a).
 financial strength for financial and
 insurance institutions required.
620(8)(a)(ii), Allow Ecology to file     264.147(a).
 claims against liability insurance.
620(8)(a)(iii), Minimum tangible net     264.147(a).
 worth increased to $20M.
620(8)(b)&(f), Citations corrected.....  264.147(b), 264.147(f)-(j).
630(8)(a) and (b), Uniform Fire Code     264.176.
 references changed to International
 Fire Code.
640(2)(c)(iv)(B) Note, Reference to      264.191(b)(5)(ii), Note.
 obsolete guidance replaced with list
 of publications that may be used.
640(4)(i), Citations corrected.........  264.193.
640(4)(i)(iii) Note, Reference to        264.193.
 obsolete guidance replaced with list
 of publications that may be used.
640(7)(d)(i)-(iii), (ii) and (iii)       264.196.
 deleted; Spill requirements modified--
 must be reported immediately.
640(7)(d)(i)(F), Section 360 applies in  264.196.
 the event of emergency.
645(1)(a)(ii), Citations corrected.....  264.90(a).
645(10)(h) Lettering corrected, (h) was  264.99.
 added as a reserved sub-subsection
 since it had been missing from
 previous text. No text is missing. Two
 federal provisions (g) and (h) are
 combined at (g) in the State rules.
64690 (previous 646(8)), Clarification   264.554.
 that ``director'' means ``department''.
670(1)(c)(i)-(ii)......................  264.340(b) & (c).
670(1)(c)(iii).........................  264.340 related.
670(1)(d)..............................  264.340(d).
Re-lettered from (b) to (c) and (c) to
 (d) to accommodated new (b).
680(3), Citation corrected.............  264.602.
690(1)(c), Citation clarified..........  264.1030(c).
691(1)(b) Intro, Citation clarified....  264.1050(b) intro.
691(1)(c), Paragraph updated...........  264.1050(c).
692(2) Note, Citations corrected.......  264.1081-1091.
802(3), Citation corrected.............  270.60(b).
802(4)(c)(viii), Citation corrected....  270.60(c).
803(3)(c), SIC changed to NAIC Codes...  270.13.
805(7)(a)(v), Citation correction......  270.72(a)(5).
806(6), Note added.....................  270.10(h).
830 Appendix I--6. and 7.a. & b.,        270.42 Appendix I.
 Citations corrected.
830 Appendix I--N.1. and 2., Citations   270.42 Appendix I.
 corrected.
910(1)(c), Minimum public comment        260.20(c).
 period reduced from 45 to 21 days.
910(6)(f)(i), Minimum public comment     268 related.
 period reduced from 45 to 21 days.
960, Changed to be consistent with       RCRA 7003 related.
 Hazardous Waste Management Act.
9904 State sources, State PCB waste      261.31(a), 261.32.
 code changed from W001 to WPCB.
------------------------------------------------------------------------
\1\ Reference to ``No direct federal analog'' is for informational
  purposes and is not authorized.

H. Where Are the Revised State Rules Different From the Federal Rules?

    Under RCRA 3009, EPA may not authorize State rules that are less 
stringent than the Federal program. Any State rules that are less 
stringent do not supplant the Federal regulations. State rules that are 
broader in scope than the Federal program requirements are allowed but 
are not authorized. State rules that are equivalent to, and State rules 
that are more stringent than, the Federal program may be authorized, in 
which case they are enforceable by EPA.
    This section discusses certain rules where EPA has made the finding 
that the State program is more stringent and will be authorized; it 
discusses those State rules which are being authorized as different but 
equivalent to the Federal program; it discusses those rules where the 
State program is broader in scope, and cannot be authorized. Certain 
portions of the Federal program 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. 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. The State amended its import and export rules 
to include 40 CFR part 262, subpart H in accordance with the

[[Page 63260]]

Federal rule on Imports and Exports Regulations of Hazardous Waste: 
Implementation of Organization for Economic Cooperation and Development 
(OECD) Council Decision (61 FR 16290, 4/12/96). The State's counterpart 
to this Federal rule is found at WAC 173-303-120(6), although EPA will 
continue to implement those requirements. Not all program differences 
are discussed in this section because Washington writes its own version 
of the Federal hazardous waste rules. Persons must consult Tables 1 and 
2, in Section G above, for the specific State regulations that EPA is 
authorizing in this final rule.
1. More Stringent
    States are allowed to seek authorization for State requirements 
that are more stringent than Federal requirements. EPA has authority to 
authorize and enforce those parts of a State's program EPA finds to be 
more stringent than the Federal program. This section does not discuss 
each more stringent finding made by EPA, but persons can locate such 
sections by consulting Table 1 in Section G above, as well as by 
reviewing the docket for this rule. The State program is authorized for 
each more stringent requirement as part of this rulemaking.
    The State revised its previously-authorized permits-by-rule 
provision at WAC-173-303-802(5)(a) and (5)(b) to allow off-site 
dangerous waste, including federally-regulated waste, to be received at 
a wastewater treatment unit. These State provisions are considered 
broader in scope for State-only wastes and more stringent for the 
federally-regulated wastes since the State rule includes additional 
safeguards that the Federal requirements found at 40 CFR 270.1(c)(2(iv) 
and (v) do not include, such as: (1) Requirement that the source of the 
wastewater be identified; (2) requirement that the generator keep an 
operating record when federally-regulated wastes are received from off-
site, and (3) requirement that wastewater received from off-site be 
generated within the same industry and be able to be effectively 
treated by the wastewater treatment unit.
    The State adopted portions of the Federal Mercury-Containing 
Equipment, Universal Waste Rule (70 FR 45508, 8/5/05). The State's rule 
is based on EPA's proposed rule (67 FR 40508, 6/12/02) and until the 
State revises its rules to include the changes EPA made with its final 
rule (70 FR 45508, 8/5/05) the State's program will be more stringent 
than the Federal program. The State's rule is more stringent because it 
does not include the following Federal provisions: the definition for 
``ampule'' (40 CFR 260.10); merging ``mercury-containing thermostats'' 
with ``mercury-containing equipment'' into one universal waste category 
(40 CFR 260.10); and revised waste management standards for mercury-
containing equipment that have open housings instead of ampules (40 CFR 
273.13). Additionally, the State's definitions of small and large 
quantity handler of universal waste found at WAC 173-303-040 are more 
stringent than the Federal rule (40 CFR 273.9) because (1) the State's 
rule regulates universal waste lamps at a lower accumulation threshold 
than the Federal requirement and (2) the State's rule does not include 
the Federal language that allows equipment with non-contained elemental 
mercury to be managed as universal waste.
    The State incorporated by reference most of the Federal Performance 
Track Rule (69 FR 21737, 4/22/04) into State law (WAC 173-303-200(5)). 
However, there are some Federal provisions for which the State included 
its own internal citations, which include the following more stringent 
requirements: aisle space requirement for containers (WAC 173-303-
630(5)(c)); risk labeling (WAC 173-303-200(1)(d)); verification of 
training (WAC 173-303-300(2)(c)); cause of incident (WAC 173-303-
360(2)(k)(viii)); and description of corrective action taken to prevent 
reoccurrence of the incident (WAC-173-303-360(2)(k)(ix)); and the 
requirement that drip pads remain subject to closure standards (WAC 
173-303-675(6)(b)).
    We also consider the State's new requirement for accumulating 
dangerous waste on-site for waste water treatment sludges (WAC 173-303-
200(1)(e) and (f)) to be more stringent than the Federal requirement 
(40 CFR 262.34(a)(4)) because the State rule-unlike the Federal rule-
requires compliance with ``general inspections'' (WAC 173-303-320) in 
addition to the other Federal requirements.
    The State's revised mixture rules (WAC 173-303-071(2); 081(3); and 
082(3)) are more stringent than the Federal rules because the State 
rules do not include all of the Federal wastewater mixture exclusions 
as identified in the Federal Mixture and Derived-From Rule Revisions 
(66 FR 27266, 516/01; and 66 FR 50332, 10/3/01).
2. Different But Equivalent
    The following State requirements are different than the Federal 
requirements, but EPA has determined that they are nevertheless 
equivalent to the Federal program.
    In 2005, the State enacted its Hazardous Waste Facilities 
Initiative (HWFI), which among other things makes many recycling 
activities subject to closure plan requirements, pollution liability 
coverage requirements, and financial assurance requirements. In 
contrast, under the Federal rules, hazardous waste recycling activities 
are generally exempt from hazardous waste requirements and therefore 
are not subject to closure plans, pollution liability coverage and 
financial assurance. Additionally, the State amended its previously 
authorized provision (WAC 173-303-120(4)) to be more similar to the 
Federal rule (40 CFR 261.6(c)(2)) in that the State removed the 
provision that specified that recyclable materials would be considered 
stored unless they were moved into an active recycling process within 
24 hours The State revised its rule so that it can determine on a case-
by-case basis whether recyclable materials received from off-site are 
not stored if they are moved into an active recycling process in a 
period of time not to exceed 72 hours. While the Federal analog does 
not specify a timeframe after which holding recyclable materials is 
considered storage, EPA Region 1 authorized the State of Vermont for a 
similar provision (see 64 FR 51702, September 24, 1999), stating ``EPA 
has previously agreed that States administering the RCRA program have 
some discretion to determine that short periods of accumulation by 
recyclers of incoming material do not constitute storage and would not 
trigger the RCRA storage permitting requirements''. Region 1 determined 
that Vermont's rule, which allows up to three days without a storage 
permit, was equivalent to the Federal program and therefore federally 
approvable. Based on the Vermont authorization and based on the fact 
that Washington's comprehensive recycling program approach will result 
in significantly better environmental performance by affected 
facilities, EPA has determined Washington's rule to be equivalent to 
the Federal program and federally approvable.
    The State revised its previously-authorized waste analysis plan 
requirements at WAC 173-303-300(1) and (2). The State amended its rule 
to provide clarity for Treatment, Storage and Disposal (TSD) 
facilities. The State rule is worded differently than the Federal rule 
at 40 CFR 264.13(a)(1) and (2); however, we consider it to be 
equivalent to the Federal program. While the Federal rule states that a 
TSD facility must obtain a detailed chemical

[[Page 63261]]

and physical analysis of a representative sample of the waste, 40 CFR 
264.13(2) states that the analysis may include data developed under 40 
CFR part 261 and existing published or documented data on the hazardous 
waste or on hazardous waste generated from similar processes. Federal 
guidance allows the use of knowledge rather than direct testing under 
certain circumstances (Waste Analysis at Facilities That Generate, 
Treat, Store, and Dispose of Hazardous Waste--A Guidance Manual OSWER 
9938.4-03, April 1994). Therefore, the State amended its rule to 
require documentation when a TSD facility relies upon such knowledge 
other than testing. The State rule clarifies when the use of knowledge, 
as defined in WAC 173-303-040, is acceptable, and requires 
documentation to ensure that such knowledge is sufficient and used 
appropriately. Overall, EPA believes that the State rule ensures that 
wastes will be properly designated and managed in a safe and protective 
manner, and therefore we have determined that the State rule is 
equivalent to the Federal program.
3. Broader in Scope
    States are not allowed to seek authorization for State requirements 
that are broader in scope than Federal requirements. EPA does not have 
authority to authorize and enforce those parts of a State's program EPA 
finds to be broader in scope than the Federal program. However, they 
remain part of the State's hazardous waste program and the regulated 
community must comply with them in accordance with State law. Such 
rules are identified in the State's authorization revision application, 
and include, but are not limited to, the following:
    The State adopted the Federal Zinc Fertilizer Rule (67 FR 48393, 7/
24/02) but did not adopt the Federal exclusions found at 40 CFR 
261.4(a)(20) and (21) for hazardous secondary materials used to make 
zinc fertilizers. Therefore, the State rule as applied to waste 
excluded under Federal rules is broader in scope than the Federal 
requirements. Additionally, the State added a State-only provision at 
WAC 173-303-505(1)(b)(iv) for waste-derived fertilizer registration 
which is not a Federal requirement and is considered broader in scope 
than the Federal program.
    The State adopted the Federal Hazardous Waste Combustors Revised 
Standards (63 FR 33782, 6/19/98) but did not adopt the Federal 
comparable or syngas fuel exclusion (40 CFR 261.38), and therefore is 
broader in scope as applied to waste excluded under the Federal rules 
because the State rule considers these wastes to be solid wastes.
4. Partial Rules Adopted
    In addition to the program differences described above, the State's 
program has also elected to adopt portions of the following Federal 
rules. We have found the State portions to these Federal rules to be 
consistent with and equivalent to the Federal program.
    The State's program includes those requirements of the Federal 
Waste Minimization Rule (50 FR 28702, 7/15/95) that are applicable to 
owners and operators of hazardous waste TSD facilities. The Federal 
waste minimization requirements applicable to generators (40 CFR 
262.41(a)(6)-(8)) were not adopted by the State because generators must 
comply with the State-only pollution prevention planning requirements.
    EPA implements the Boilers and Industrial Furnaces (BIF) program in 
Washington State under its HSWA authority, although in order to fully 
implement the BIF program the State must adopt and receive 
authorization for the Non-HSWA Federal BIF requirements. In this 
action, the State is not seeking authorization for the BIF program (40 
CFR 266.102 through 40 CFR 266.111). Although, the State did not adopt 
these Federal provisions, it did adopt the Non-HSWA Federal permit 
modification provisions (40 CFR 270.42(g) and 40 CFR 270.42(j)) related 
to boilers and industrial furnaces (WAC 173-303-830(4)(g) and WAC 173-
303-830(4)(j)).
5. Renumbering of Corrective Action Requirements
    In addition to authorizing the State's corrective action management 
unit (CAMU) amendments, as identified in Table 1, Section G above, the 
State regulations for corrective action that were located at WAC 173-
303-646 have been renumbered and restructured into eleven new sections. 
See table at WAC 173-303-646 for cross-references between new and 
previous State corrective action citations.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Washington will issue permits for all the 
provisions for which it is authorized and will administer the permits 
it issues. EPA will continue to administer any RCRA hazardous waste 
permits or portions of permits that were issued prior to the effective 
date of this authorization. EPA will not issue any new permits 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.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in 
Washington?

    EPA's decision to authorize the Washington hazardous waste program 
does not include any land that is, or becomes after the date of this 
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) Washington's State program was authorized to implement 
the State authorized 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. What Is Codification and Is EPA Codifying Washington's Hazardous 
Waste Program as Authorized in This 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. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. We reserve 
the amendment of 40 CFR part 272, subpart WW, for this authorization of 
Washington's program revisions until a later date.

II. Statutory and Executive Order Reviews

    This rule authorizes revisions to the State of Washington's 
authorized hazardous waste program pursuant to section 3006 of RCRA and 
imposes no requirements other than those currently imposed by State 
law. This 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 Order defines ``significant

[[Page 63262]]

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. It has 
been determined that this final 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 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 final 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; 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 40 CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et 
seq., 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 rule on small entities, small entity is defined as: (1) A small 
business, as codified in the Small Business Size Regulations at 13 CFR 
part 121; (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. EPA has determined that this action 
will not have a significant impact on small entities because the final 
rule will only have the effect of authorizing pre-existing requirements 
under State law. After considering the economic impacts of today's 
rule, I certify that this action will not have a significant economic 
impact on a substantial number of small entities.

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 to State, local and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
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 final 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. This 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 rule contains no 
regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, this rule is not subject to the 
requirements of sections 202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, 8/10/
99), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.'' This 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. This rule addresses the authorization of pre-
existing State rules. Thus, Executive Order 13132 does not apply to 
this rule.

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, 11/9/00), requires EPA 
to

[[Page 63263]]

develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' This rule does not have tribal implications, as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this rule.

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

    Executive Order 13045 applies to any rule that: (1) Is determined 
to be ``economically significant'' as defined under Executive Order 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This rule is not subject to Executive Order 13045 
because it is not economically significant as defined in Executive 
Order 12866 and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, 5/22/01) 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 the OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This rule does 
not involve ``technical standards'' as defined by the NTTAA. 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

    To the greatest extent practicable and permitted by law, and 
consistent with the principles set forth in the report on the National 
Performance Review, each Federal agency must make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health and environmental effects of its programs, policies, and 
activities on minority populations and low-income populations in the 
United States and its territories and possessions, the District of 
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the 
Mariana Islands. Because this rule addresses authorizing pre-existing 
State rules and imposes no additional requirements beyond those imposed 
by State law and there are no anticipated significant adverse human 
health or environmental effects, the rule is not subject to Executive 
Order 12898.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on the December 29, 2006.

List of Subjects in 40 CFR Part 271

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

    Authority: This 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: October 18, 2006.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
 [FR Doc. E6-18222 Filed 10-27-06; 8:45 am]

BILLING CODE 6560-50-P
