[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Pages 10383-10390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04702]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2017-0285; FRL-9974-35-Region 10]


Washington: Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final authorization.

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

SUMMARY: Washington applied to the Environmental Protection Agency 
(EPA) for final authorization of certain changes to its hazardous waste 
program under the Resource Conservation and Recovery Act, as amended, 
(RCRA). The EPA reviewed Washington's application, and has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization. The EPA sought public comment under Docket number EPA-
R10-RCRA-2017-0285 from July 13, 2017 to August 14, 2017 and from 
September 25, 2017 to October 25, 2017, prior to taking this final 
action to authorize these changes. The EPA received one comment which 
was responded to but was not applicable to this authorization action.

DATES: This final authorization is effective April 9, 2018.

FOR FURTHER INFORMATION CONTACT: Barbara McCullough, U.S. Environmental 
Protection Agency, Region 10, Office of Air and Waste (OAW-150), 1200 
Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: (206) 
553-2416, email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States that have received final authorization from the 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 the 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 the EPA's regulations in title 40 of the Code of 
Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, 
and 279.
    Washington State's hazardous waste management program was initially 
approved on January 30, 1986 and became effective on January 31, 1986. 
As explained in Section E below, it has been revised and reauthorized 
numerous times since then. On January 26, 2017, the EPA received the 
State's most recent authorization revision application. This 
authorization revision application requested federal authorization for 
Washington's Rules and Standards for Hazardous Waste, effective as of 
December 31, 2014, and sought to revise its federally-authorized 
hazardous waste management program to include Federal hazardous waste 
regulations promulgated through July 1, 2013.

B. What decisions has the EPA made in this authorization?

    The EPA has reviewed Washington's application to revise its 
authorized program and has determined that it meets all the statutory 
and regulatory requirements established by RCRA. Therefore, the EPA is 
granting Washington final authorization to operate its hazardous waste 
program with the changes described in the authorization revision 
application. Washington will continue to have responsibility for 
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within 
its borders (except in Indian country (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 (see Section J 
below for full description) 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 the EPA promulgates under the authority of HSWA, and 
which are not less stringent than existing requirements, take effect in 
authorized states before the states are authorized for the 
requirements. Thus, the 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?

    A person in Washington subject to RCRA must comply with the 
authorized State requirements in lieu of the corresponding Federal 
requirements. Additionally, such persons will have to comply with any 
applicable Federal requirements, such as HSWA regulations issued by the 
EPA for which the State has not received authorization and RCRA 
requirements that are not supplanted by authorized State-issued 
requirements. Washington continues to have enforcement responsibilities 
under its State hazardous waste management program for violations of 
this program, but the EPA retains its authority under

[[Page 10384]]

RCRA Sections 3007, 3008, 3013, and 7003, which includes, among others, 
the authority to:
     Conduct inspections;
     Require monitoring, tests, analyses, or reports;
     Suspend, terminate, modify, or revoke permits;
     Abate conditions that may present an imminent and 
substantial endangerment to human health and the environment; and
     Enforce RCRA requirements and take enforcement actions 
regardless of whether the State has taken its own actions.
    The action to approve these revisions will not impose additional 
requirements on the regulated community because the regulations for 
which Washington has requested federal authorization are already 
effective under State law and are not changed by the act of 
authorization.

D. What were the comments received on this authorization action?

    The EPA received one comment during the public comment periods of 
this action. That commenter requested the regulations not be authorized 
as they add State administrative burden to a CERCLA site. However, the 
authorization of these regulations do not impact the State's authority 
to implement its rules. This authorization action allows the EPA to 
implement the State of Washington's rules which were adopted on 
December 31, 2014. This comment should have been addressed to the State 
prior to the adoption of their rule package. No such comment was 
received. The concern raised in this comment was referred to the State 
to be addressed. For a copy of the specific comment received, please 
see Docket number EPA-R10-RCRA-2017-0285 under ``Comment1'' at 
www.regulations.gov.

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 
hazardous waste management program. The 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); October 30, 2006 effective December 29, 2006 
(71 FR 63253) and June 18, 2010 effective July 28, 2010 (75 FR 44144).

F. What changes is the EPA authorizing with this action?

    The EPA is authorizing revisions to Washington's authorized program 
described in Washington's official program revision application, 
submitted to the EPA on January 26, 2017 and deemed complete by the EPA 
on February 23, 2017. The EPA has determined that Washington's 
hazardous waste management program revisions as described in the 
January 23, 2017 State's authorization revision application satisfy the 
requirements necessary to qualify 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 management program, as amended by these 
provisions, remains equivalent to, consistent with, and is no less 
stringent than the Federal RCRA program. Therefore, the EPA is 
authorizing the State for the following program changes as identified 
in Table 1 and Table 2 below.
    The provisions listed in Table 1 and Table 2 are from the 
Washington Administrative Code (WAC) and are analogous to the RCRA 
regulations as indicated in the Tables. The RCRA regulations that the 
State incorporated by reference are those as published in 40 CFR parts 
260 through 265, 268, 270, and 279, as of July 1, 2013, unless 
otherwise noted. Table 1 identifies new State rules that the EPA is 
authorizing as equivalent or more stringent than the Federal program. 
Table 2 identifies State-initiated changes to previously authorized 
State provisions. (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 regulations.) The 
referenced analogous State authorities were State adopted and effective 
as of December 31, 2014.

 Table 1--Equivalent and More Stringent Analogues to the Federal Program
------------------------------------------------------------------------
                                                       Analogous State
 Checklist \1\       Federal      Federal Register   authority (WAC 173-
                  requirements                           303-* * *)
------------------------------------------------------------------------
12 \2\........  Satellite         49 FR 49568, 12/  200(2).
                 Accumulation.     20/1984.
174...........  Post-Closure      63 FR 56710, 10/  645(1)(e); 800(12);
                 Permit            22/1998.          610(3)(a)(ix);
                 Requirement and                     620(1)(d)(i);
                 Closure Process.                    610(3)(b)(ii)(D);
                                                    610(8)(d)(ii)(D);
                                                     045(1); 400(3)(a);
                                                     IBR 045(1); 800(2);
                                                    806(4)(a);
                                                     806(4)(o).
206...........  Nonwastewaters    70 FR 9138, 2/24/ 071(3)(kk),
                 from Dyes and     2005.             071(3)(kk)(i),
                 Pigments.                           071(3)(kk)(ii),
                                                     071(3)(kk)(iii),
                                                     071(3)(kk)(iv),
                                                     071(3)(kk)(v);
                                                     9904, 9904(1),
                                                     9904(2), 9904(3),
                                                     9904(4),
                                                     9904(4)(a),
                                                     9904(4)(b),
                                                     9904(4)(b)(i),
                                                     9904(4)(b)(ii),
                                                     9904(4)(b)(iii),
                                                     9904(4)(b)(iv),
                                                     9904(4)(b)(iv)(A),
                                                     9904(4)(b)(iv)(B),
                                                     9904(4)(b)(iv)(C),
                                                     9904(4)(c),
                                                     9904(4)(c)(i),
                                                     9904(4)(c)(ii),
                                                     9904(4)(c)(iii),
                                                     9904(4)(c)(iii)(A),
                                                     9904(4)(c)(iii)(B),
                                                     9904(4)(c)(iii)(C),
                                                     9904(4)(c)(iii)(D),
                                                     9904(4)(c)(iv),
                                                     9904(4)(c)(iv)(A),
                                                     9904(4)(c)(iv)(B),
                                                     9904(4)(c)(v),
                                                     9904(4)(c)(vi),
                                                     9904(4)(c)(vii),
                                                     9904(4)(c)(viii),
                                                     9904(4)(c)(ix),
                                                     9904(4)(c)(x),
                                                     9904(4)(c)(x)(A),
                                                     9904(4)(c)(x)(B),
                                                     9904(4)(c)(x)(C),
                                                     9904(4)(c)(x)(D),
                                                     9904(4)(c)(xi),
                                                     9904(4)(c)(xi)(A),
                                                     9904(4)(c)(xi)(B),
                                                     9904(4)(c)(xi)(C),
                                                     9904(4)(d),
                                                     9904(4)(e); 082(4);
                                                     045(1); 9905;
                                                     140(2)(a) IBR;
                                                     045(1).

[[Page 10385]]

 
220 \2\.......  Academic          73 FR 72912, 12/  070(7)(c)(vi),
                 Laboratories      1/2008.           070(7)(c)(vii);
                 Generator                           170(7), 170(7)(a),
                 Standards.                          170(7)(b); 235,
                                                     235(1), 235(1)(a),
                                                     235(1)(b),
                                                     235(1)(c),
                                                     235(1)(d),
                                                     235(1)(e),
                                                     235(1)(f),
                                                     235(1)(g),
                                                     235(1)(h),
                                                     235(1)(i),
                                                     235(1)(j) and (k),
                                                     235(1)(l),
                                                     235(1)(m),
                                                     235(1)(n), 235(2),
                                                     235(2)(a),
                                                     235(2)(b); 225(3),
                                                     225(3)(a),
                                                     225(3)(b); 235(4),
                                                     235(4)(a),
                                                     235(4)(b),
                                                     235(4)(b)(i),
                                                     235(4)(b)(ii),
                                                     235(4)(b)(iii),
                                                     235(4)(b)(iv),
                                                     235(4)(b)(v),
                                                     235(4)(b)(vi),
                                                     235(4)(b)(vii),
                                                     235(4)(b)(viii),
                                                     235(4)(b)(ix),
                                                     235(4)(b)(x),
                                                     235(4)(b)(xi),
                                                     235(4)(c),
                                                     235(4)(d),
                                                     235(4)(e),
                                                     235(5)(a),
                                                     235(5)(b),
                                                     235(5)(b)(i),
                                                     235(5)(b)(ii),
                                                     235(5)(b)(iii),
                                                     235(5)(b)(iv),
                                                     235(5)(b)(v),
                                                     235(5)(b)(vi),
                                                     235(5)(b)(vii),
                                                     235(5)(b)(viii),
                                                     235(5)(b)(ix),
                                                     235(5)(b)(x),
                                                     235(5)(b)(xi),
                                                     235(5)(c), 235(6),
                                                     235(6), 235(7),
                                                     235(7), 235(7)(a),
                                                     235(7)(a)(i),
                                                     235(7)(a)(i)(A),
                                                     235(7)(a)(i)(C),
                                                     235(7)(a)(i)(B),
                                                     235(7)(a)(i)(C)(I),
                                                     235(7)(a)(i)(C)(II)
                                                     , 235(7)(a)(ii),
                                                     235(7)(a)(ii),
                                                     235(7)(a)(ii)(A),
                                                     235(7)(a)(ii)(B),
                                                     235(7)(a)(ii)(C),
                                                     235(7)(b),
                                                     235(7)(b)(i),
                                                     235(7)(b)(ii),
                                                     235(7)(b)(iii),
                                                     235(7)(b)(iii)(A),
                                                     235(7)(b)(iii)(B),
                                                     235(7)(b)(iii)(C),
                                                     235(7)(b)(iii)(C)(I
                                                     ),
                                                     235(7)(b)(iii)(C)(I
                                                     I), 235(8), 235(8),
                                                     235(8)(a),
                                                     235(8)(b),
                                                     235(8)(b)(i),
                                                     235(8)(b)(ii),
                                                     235(8)(b)(iii),
                                                     235(8)(b)(iv),
                                                     235(8)(b)(v),
                                                     235(8)(c),
                                                     235(8)(c)(i),
                                                     235(8)(c)(ii),
                                                     235(8)(c)(iii),
                                                     235(8)(c)(iv),
                                                     235(8)(d),
                                                     235(8)(d)(i),
                                                     235(8)(d)(ii),
                                                     235(9), 235(9)(a),
                                                     235(9)(a)(i),
                                                     235(9)(a)(ii),
                                                     235(9)(b),
                                                     235(9)(c),
                                                     235(9)(d),
                                                     235(9)(d)(i),
                                                     235(9)(d)(i)(A),
                                                     235(9)(d)(i)(B),
                                                     235(9)(d)(ii),
                                                     235(9)(d)(ii)(A),
                                                     235(9)(d)(ii)(B),
                                                     235(10),
                                                     235(10)(a),
                                                     235(10)(a)(i),
                                                     235(10)(a)(ii),
                                                     235(10)(a)(iii),
                                                     235(10)(b),
                                                     235(11), 235(11),
                                                     235(11)(a),
                                                     235(11)(b),
                                                     235(11)(b)(i),
                                                     235(11)(b)(ii),
                                                     235(11)(b)(iii),
                                                     235(11)(c),
                                                     235(11)(d),
                                                     235(11)(d)(i),
                                                     235(11)(d)(ii),
                                                     235(11)(e),
                                                     235(12), 235(12),
                                                     235(12)(a),
                                                     235(12)(b),
                                                     235(12)(c) except
                                                     for ``WAC 173-303-
                                                     200(1)(b)(i)''
                                                     citation,
                                                     235(12)(d),
                                                     235(12)(e),
                                                     235(12)(e)(i),
                                                     235(12)(e)(ii),
                                                     235(12)(e)(iii),
                                                     235(12)(e)(iv),
                                                     235(13), 235(13),
                                                     235(13)(a),
                                                     235(13)(b),
                                                     235(13)(c),
                                                     235(13)(d),
                                                     235(13)(e),
                                                     235(13)(e)(i),
                                                     235(13)(e)(ii),
                                                     235(13)(e)(iii),
                                                     235(13)(e)(iv),
                                                     235(14),
                                                     235(14)(a),
                                                     235(14)(a)(i),
                                                     235(14)(a)(ii),
                                                     235(14)(a)(iii)
                                                     except for the
                                                     phrase ``, more
                                                     than 2.2 pounds of
                                                     WT01 EHW'',
                                                     235(14)(a)(iv),
                                                     235(14)(b),
                                                     235(14)(b)(i),
                                                     235(14)(b)(ii),
                                                     235(15),
                                                     235(15)(a),
                                                     235(15)(a)(i),
                                                     235(15)(a)(i)(A),
                                                     235(15)(a)(i)(B),
                                                     235(15)(a)(ii),
                                                     235(15)(b),
                                                     235(15)(b)(i),
                                                     235(15)(b)(ii),
                                                     235(15)(b)(iii),
                                                     235(15)(b)(iv),
                                                     235(15)(b)(iv)(A),
                                                     235(15)(b)(iv)(B),
                                                     235(15)(b)(iv)(B)(I
                                                     ),
                                                     235(15)(b)(iv)(B)(I
                                                     I), 235(15)(b)(v),
                                                     235(15)(b)(vi),
                                                     235(15)(b)(vi)(A),
                                                     235(15)(b)(vi)(B),
                                                     235(15)(b)(vii),
                                                     235(15)(b)(vii)(A),
                                                     235(15)(b)(vii)(B),
                                                     235(15)(b)(vii)(C),
                                                     235(15)(b)(vii)(D),
                                                     235(15)(c),
                                                     235(15)(d),
                                                     235(16),
                                                     235(16)(a),
                                                     235(16)(b),
                                                     235(17),
                                                     235(17)(a),
                                                     235(17)(b).
222...........  OECD              75 FR 1236, 1/8/  170(6); 230(1) IBR;
                 Requirements;     2010.             045(1); 240(11);
                 Export                              290(1)(b); 370(3),
                 Shipments of                        370(7); 290(1)(b);
                 Spent Lead-Acid                     370(3), 370(7);
                 Batteries.                          520(1)(a) and (b).
223 \2\.......  Hazardous Waste   75 FR 12989, 1/   040 ``New TSD
                 Technical         18/2010.          facility''
                 Corrections and                     definition; 040
                 Clarifications.                     ``Processed scrap
                                                     metal'' definition;
                                                     016 Table 1;
                                                     070(8)(a)(iii);
                                                     120(3), 120(3)(d);
                                                     090(7)(a)(viii);
                                                     9904; 9903; 082(4)
                                                     IBR; 045(1);
                                                     180(3)(f),
                                                     180(3)(f)(i),
                                                     180(3)(f)(i)(A),
                                                     180(3)(f)(i)(B),
                                                     180(3)(f)(ii),
                                                     180(3)(f)(iii),
                                                     180(3)(f)(iv);
                                                     200(1)(b)(iv)(B),
                                                     200(1)(f),
                                                     200(1)(g) ,
                                                     200(2)(a),
                                                     200(2)(b);
                                                     220(2)(e),
                                                     220(2)(e)(i),
                                                     220(2)(e)(ii)
                                                    220(2)(e)(ii) Note;
                                                     230(2); 350(2);
                                                     370(5)(e)(vi),
                                                     370(5)(f)(i),
                                                     370(5)(f)(vii),
                                                     370(5)(f)(viii);
                                                     350(2);
                                                     360(2)(d)(ii);
                                                     370(5)(e)(vi),
                                                     370(5)(f)(i),
                                                     370(5)(f)(vii),
                                                     370(5)(f)(viii);
                                                     400(3)(a) IBR and
                                                     045(1);
                                                     505(1)(b)(i);
                                                     140(2)(a) IBR;
                                                     045(1); 810(8)(b).
226 \2\.......  Academic          75 FR 79304, 12/  235(1), 235(1)(b),
                 Laboratories      20/2010.          235(7)(b)(iii)(A),
                 Generator                           235(13)(e)(i),
                 Standards                           235(15)(a)(i),
                 Technical                           235(15)(b)(i).
                 Corrections.
227...........  Revision of the   76 FR 34147, 6/   140(2)(a) IBR;
                 Land Disposal     13/2011.          045(1).
                 Treatment
                 Standards for
                 Carbamate
                 Wastes.
228 \2\.......  Hazardous Waste   77 FR 22229, 4/   9904; 505(1)(b)(i).
                 Technical         13/2012.
                 Corrections and
                 Clarifications
                 Rule.
------------------------------------------------------------------------
\1\ The Checklist is a document that addresses the specific changes made
  to the Federal regulations by one or more related final rules
  published in the Federal Register. The 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, see the EPA's RCRA
  State Authorization website at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra#about.
\2\ State rule contains more stringent provisions. For identification of
  the more stringent State provisions refer to the authorization
  revision application's Attorney General Statement and Checklists found
  in the docket for this final authorization. Some of the more stringent
  state provisions are discussed in Section G of this authorization.


                    Table 2--State Initiated Changes
------------------------------------------------------------------------
                                                            Analogous
State Citation WAC 173-303-. .     Reason for change     Federal 40 CFR
               .                                            citation
------------------------------------------------------------------------
040...........................  ``Enforceable           270.1(c)(7).
                                 document'' definition
                                 internal citations
                                 corrected: WAC 173-
                                 303-610(1)(e); WAC
                                 173-303-620(1)(d).
040...........................  ``Facility''            260.10.
                                 definition internal
                                 citation corrected:
                                 RCW 70.105D.020(8).
040...........................  ``Performance track     260.10.
                                 member facility''
                                 obsolete definition
                                 deleted.
040...........................  ``Release'' definition  280.12 related.
                                 internal citation
                                 corrected: RCW
                                 70.105D.020(32).
045(1)........................  Date of incorporation   No direct
                                 by reference updated.   analog.
070(1)(b).....................  Language revised for    262.11.
                                 equivalence with
                                 Federal rule.
072(1)(b).....................  Internal citation       260.20.
                                 corrected:
                                 ``described in
                                 subsections (3) and
                                 (4) of this
                                 section.''.
110(3)(a).....................  SW-846 reference        260.11(c).
                                 information updated.
110(3)(c), 110(7).............  Updated Chemical Test   Related to
                                 Methods guidance and    260.11 and 40
                                 publication date.       CFR appendix
                                                         IX.
110(3)(g)(ix), 110(3)(h)(i),    References to industry  260.11(d) and
 110(3)(h)(vii).                 standards and codes     (e).
                                 updated.
170(3)........................  Clarification that      264.1(g)(3)
                                 final facility          related.
                                 standards are found
                                 in WAC 173-303-600.
180(3)(c).....................  Redundant manifest      262.23 related.
                                 instructions deleted
                                 (Previous(d), (e) and
                                 (f) are renumbered to
                                 (c), (d) and (e)).

[[Page 10386]]

 
200(1)(b)(iv).................  Requirement for         262.34(a)(1)(iv)
                                 independent qualified   -more stringent
                                 registered              State
                                 professional engineer   requirement.
                                 (IQRPE).
200(1)(b)(iv)(B)..............  Second sentence of      262.34(a)(1)(iv)
                                 this citation was       (B).
                                 relocated to new
                                 200(1)(g) to clarify
                                 applicability to all
                                 generators.
200(2)(b), 200(3)(c)..........  ``Per waste stream''    262.34(c).
                                 deleted for
                                 equivalence with
                                 Federal rule.
200(4)(a)(iv)(A)(III).........  Reminder added that     262.34(g)(4)(i)(
                                 facilities use an       C)--more
                                 IQRPE to certify        stringent State
                                 containment building    requirement.
                                 design.
200(5)........................  Requirements for        262.34(j), (k)
                                 National                and (l).
                                 Environmental
                                 Performance Track
                                 Program deleted
                                 (Previous (6) is
                                 renumbered to (5)).
240(6)........................  Editing correction....  263.12 related--
                                                         more stringent
                                                         State
                                                         requirement.
330(1)(d).....................  Editing correction;     264.16(b).
                                 The second sentence
                                 of previous (c)(ii)
                                 is changed to (d),
                                 and (d) renumbered to
                                 (e).
370(1)........................  ``Owners and            264.70(a).
                                 operators'' clarified
                                 to mean the phrase
                                 applies only to
                                 permitted facilities
                                 and dangerous waste
                                 recyclers.
380(1)(r).....................  New sub-section:        264.73(b)(19).
                                 Certificates of major
                                 tank system repair
                                 added for equivalence
                                 with Federal rule.
400(3)(c)(ii)(G)..............  Enforceable documents   265.110(c),
                                 in lieu of a post       265.118(c)(4)
                                 closure permit          and 265.121.
                                 adopted.
400(3)(c)(xxii)(B)............  Reference to            265.1101(c)(4).
                                 Performance Track
                                 member facilities
                                 deleted.
400(3)(c)(xxii)(B)............  Rule is modified to     265.1101(c)(3)(i
                                 add IQRPE requirement.  ii)--more
                                                         stringent State
                                                         requirement.
573(9)(b)(ii)(A)..............  Corrected for           273.13(c)(2)(i).
                                 equivalence with
                                 Federal rule.
573(19)(b)(iv) and (v)........  References to           273.32(b)(4) and
                                 thermostat universal    (5)--more
                                 waste are removed,      stringent State
                                 including in the        requirement.
                                 example calculation.
600(1)........................  Edit to clarify which   264.1(a).
                                 rules are the final
                                 facility standards.
600(2)........................  Clarification on what   264.1(b).
                                 types of facilities
                                 can accept dangerous
                                 waste from off-site
                                 sources.
610(4)(c).....................  Internal citations      264.113(c).
                                 corrected for
                                 equivalence with
                                 Federal rule.
610(3)(a)(ix),                  Internal citation       264.112(b)(8),
 610(3)(b)(ii)(D),               corrected.              264.112(c)(2)(i
 610(8)(d)(ii)(D).                                       v), and
                                                         264.118(d)(2)(i
                                                         v).
610(12)(f)....................  Editing correction....  No direct
                                                         analog.
620(1)(d)(i)..................  Internal citation       264.140(d)(1).
                                 corrected.
620(3)(a)(ii), 620(6)(a),       Revise wording to be    264.142(a)(2),
 620(9)(a).                      gender neutral.         264.145, and
                                                         264.148(a).
620(3)(a)(ii), 620(5)(a)......  Clarify that financial  264.142(a)(2)
                                 assurance cost          and
                                 estimates are           264.144(a)(1).
                                 performed by a third
                                 party.
620(3)(a)(v), 620(4)(g),        Clarify that net        262.142(a),
 620(6)(c).                      present value           264.142(a), and
                                 adjustments are not     264.144(a).
                                 allowed.
620(4)(a)(vi), 620(4)(d)(iv),   Clarify that financial  264.143(f),
 620(6)(a)(vi).                  test and the            264.143(f), and
                                 corporate guarantee     264.145(f).
                                 are two separate but
                                 related options.
620(4)(d)(iv), 620(6)(a)(vi),   Minimum tangible net    264.143(f)--more
 620(8)(a)(iv).                  worth raised to $25     stringent State
                                 million.                requirement.
                                                         264.145(f)--mor
                                                         e stringent
                                                         State
                                                         requirement.
                                                         264.147(f)--mor
                                                         e stringent
                                                         State
                                                         requirement.
620(4)(d)(v), 620(6)(a)(vii)..  ``Agreed upon           264.143(f)(3)(ii
                                 Procedures'' report     i) and
                                 can be used in place    264.143(f)(3)(i
                                 of a ``Negative         ii).
                                 Assurance'' report.
620(8)(a)(i)..................  Minimum financial       264.147(a) and
                                 assurance liability     264.147(b)--mor
                                 amounts increased.      e stringent
                                 (Previous (i), (ii)     State
                                 and (iii) are           requirements.
                                 renumbered to (ii),
                                 (iii) and (iv)).
630(7)(d).....................  Clarify that rule       264.175(d)--more
                                 applies to TSD owners   stringent State
                                 and operators, not      requirement.
                                 generators.
640(2)(c)(v)(B) Note            References to industry  264.191(b)(5)(ii
 640(4)(i)(iii) Note 640(9)(b).  standards and codes     ) Note and
                                 updated.                264.193(i)(3)
                                                         Note.
645(1)(e).....................  Rule for enforceable    264.90(e).
                                 documents in lieu of
                                 a post closure permit
                                 (previous (e) became
                                 (f)).
645(8)(c).....................  Clarify rule            264.97(c)--more
                                 applicability.          stringent State
                                                         requirement.
64620(5)......................  New rules for           264.101 related--
                                 corrective action       more stringent
                                 financial assurance.    State
                                                         requirement.
64690.........................  Facilities must use an  264.554 IBR,
                                 IQRPE for staging       045(1)--more
                                 pile design.            stringent State
                                                         requirement.
650(4)(c).....................  Facilities must use an  254.226(c)--more
                                 IQRPE to certify dike   stringent State
                                 integrity.              requirement.
650(5)(d)(ii)(B)..............  Facilities must use an  254.227(d)(2)(ii
                                 IQRPE for impoundment   )--more
                                 design.                 stringent State
                                                         requirement.
650(6)(b)(ii).................  Internal citation       264.228(b)(2).
                                 corrected.
665(2)(a)(i)..................  Facilities must use an  264.301(a)(1)--m
                                 IQRPE to certify        ore stringent
                                 report on basis for     State
                                 landfill liner          requirement.
                                 selection.
800(2), 800(12), 806(4)(a),     Rules for enforceable   270.1(c) intro,
 806(4)(o).                      documents in lieu of    270.1(c)(7),
                                 a post closure permit.  270.14(a), and
                                                         270.28.
806(4)(d)(v)..................  Facilities must use an  270.17(d)--more
                                 IQRPE for certifying    stringent State
                                 dike integrity.         requirement.
806(4)(e)(iii)(A)(I)..........  Reference to IQRPE      270.18(c)(1)(i)-
                                 requirement to          -more stringent
                                 certify waste pile      State
                                 liner selection.        requirement.
806(4)(h)(ii)(A)(I)...........  Reference to IQRPE      270.21(b)(1)(i)-
                                 requirement to          -more stringent
                                 certify landfill        State
                                 liner selection.        requirement.
806(4)(j)(iv)(C),               The word ``design'' is  270.24(d)(3) and
 806(4)(k)(v)(C).                deleted after ``basic   270.25(e)(3).
                                 control device'' for
                                 equivalence with
                                 Federal rule.
806(4)(n).....................  New facilities added    270.22 intro.
                                 to list of those able
                                 to burn hazardous
                                 waste.
811...........................  New Boiler and          270.66 IBR
                                 Industrial Furnace      045(1).
                                 (BIF) facility types
                                 added to list.
830 Appendix I Permit           New entry for ``Burden  270.42 Appendix
 modifications table.            Reduction'' added.      I--more
                                                         stringent State
                                                         requirement.
830 Appendix I(F)(1)(c),        Note added              270.42 Appendix
 (F)(4)(a), (G)(1)(e),           acknowledging non-      I.
 (G)(5)(c), (H)(5)(C).           existent RCRA section.
841...........................  New Boiler and          270.235(a)(1)
                                 Industrial Furnace      intro IBR
                                 (BIF) facility types    045(1).
                                 added to list.

[[Page 10387]]

 
9903..........................  Numerical P list......  261.33.
                                    P108 CAS
                                    number corrected
                                    (2 entries).
                                    P114
                                    Tetraethydithiopyr
                                    ophosphate is
                                    replaced with
                                    Thallium(I)
                                    selinite.
                                    P115
                                    Thiodiphosphoric
                                    acid, tetraethyl
                                    ester is replaced
                                    with Sulfuric
                                    acid,
                                    dithallium(1+)
                                    salt.
                                    P115
                                    Plumbane,
                                    tetraethyl is
                                    replaced with
                                    Thallium(I)
                                    sulfate.
                                    P116
                                    Tetraethyl lead is
                                    replaced with
                                    Hydrazinecarbothio
                                    amide.
                                    Correct
                                    errors with waste
                                    codes, CAS numbers
                                    and chemical names.
                                    P128
                                    Mexacarbate CAS
                                    number corrected.
                                Alphabetical U list...
                                 U202 1,2-
                                 Benzisothiazol-3(2H)-
                                 one, 1,1-dioxide, &
                                 salts deleted.*
                                 U202
                                 Saccharin, & salts
                                 deleted.*
                                    U227 waste
                                    code for 1,1,1-
                                    Trichloroethane is
                                    replaced with U226.
                                Numerical U list......
                                 U202 1,2-
                                 Benzisothiazol-3(2H)-
                                 one, 1,1-dioxide, &
                                 salts deleted.*
                                 U202
                                 Saccharin, & salts
                                 deleted.*
                                * These entries were
                                 deleted as part of
                                 State adoption of the
                                 December 17, 2010 (75
                                 FR 78918) EPA rule
                                 removing saccharin
                                 from the discarded
                                 chemicals list.
                                 Although these
                                 changes are not State-
                                 initiated, they are
                                 listed here because
                                 an EPA checklist was
                                 not available.
9904(1) K181..................  K181 listing code       261.32(a) K181.
                                 codified.
9904 K181 entry, 9904(1)        Four internal           261.32(a) K181,
 K181(iv), 9904(4)(b),           citations corrected.    261.32(d)(2),
 9904(4)(c), 9904(4)(c)(i) and                           261.32(d)(3),
 (ii).                                                   and
                                                         261.32(d)(3)(i)
                                                         and (ii).
9904 K069.....................  Administrative stay     261.32 K069.
                                 note added.
------------------------------------------------------------------------

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

    Under RCRA Section 3009, the 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 the EPA.
    This Section does not discuss all the program differences, because 
in most instances Washington writes its own version of the Federal 
hazardous waste rules. Persons must consult Tables 1 and 2 in Section F 
for the specific State regulations that the EPA is authorizing. This 
Section discusses rules of particular interest where the EPA has found 
the State program is more stringent and will be authorized. Table 2 
above indicates all the rules that the EPA determined to be more 
stringent than the Federal rules. The Section below also discusses an 
example of a rule 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. The EPA does not delegate import and 
export functions. Under RCRA regulations found in 40 CFR part 262, the 
EPA will continue to implement requirements for import and export 
functions. However, the State rules (WAC 173-303-230) reference the 
EPA's import and export requirements, and the State has amended these 
references to include those changes promulgated in the Federal Rule on 
Corrections to Errors in the Code of Federal Regulations (71 FR 40254, 
July, 7, 2006). Additional information regarding the EPA's analysis 
concerning the State's rules that are more stringent and/or broader in 
scope than the Federal rules can be found in the docket.

1. More Stringent

    States are allowed to seek authorization for state requirements 
that are more stringent than Federal requirements. The EPA has 
authority to authorize and enforce those parts of a state's program the 
EPA finds to be more stringent than the Federal program. This Section 
does not discuss each more stringent finding made by the EPA, but 
persons can locate such findings by consulting Table 1 in Section F and 
by reviewing the docket for these rules. This action authorizes the 
State program for each more stringent requirement.
    a. Satellite Accumulation--On December 20, 1984 (49 FR 49568), the 
Federal Satellite Accumulation rule was promulgated. The State adopted 
a satellite accumulation rule in 1986 and adopted a revised rule on 
December 8, 1993. On December 18, 2014, the State adopted another 
revision to WAC 173-303-200(2) with all instances of ``per waste 
stream'' removed for consistency with the Federal rule at 40 CFR 
262.34(c). The State rule has an additional provision for satellite 
accumulation requirements whereby the State can require additional 
management requirements on a case-by-case basis, which renders the 
State rule more stringent than the Federal rule. Additional details 
regarding the State's adoption of the revised satellite accumulation 
rule are available in the docket.
    b. Academic Laboratory Generator Standards--The State's Academic 
Laboratories Generator Standards contain more stringent requirements 
than the corresponding Federal rules (73 FR 72912, December 1, 2008).
    i. WAC 173-303-235(4)(a), (4)(b)(ii), (5)(a), and (5)(b)(ii), are 
more stringent because the State requires small quantity generators to 
obtain EPA/state identification numbers, whereas the Federal rules at 
40 CFR 262.203(a) and (b)(2) and 40 CFR 262.204(a) and (b)(2) exempt 
the comparable Conditionally Exempt Small Quantity Generators (CESQGs).
    ii. WAC 173-303-235(4)(b) and (5)(b) are more stringent than 40 CFR 
262.203(b) and 262.204(b) introductory paragraphs due to the State 
requirement for small quantity generators to complete the entire 
Washington State Dangerous Waste Site Identification form, whereas the 
Federal rules exempt CESQGs from filling in a site identification 
number.
    iii. WAC 173-303-235(7)(a)(i), 235(9)(d)(i)(A) and 235(9)(d)(ii)(A) 
require accumulation start dates and full container dates to be 
attached to the containers rather than, at a minimum, be associated 
with them as required by 40 CFR 262.206(a)(1) and 262.208(d)(1)(i).

[[Page 10388]]

    iv. WAC 173-303-235(14)(a)(iv) requires eligible academic entities 
to maintain records for five years after laboratory cleanouts rather 
than three years as required in 40 CFR 262.213(a)(4).
    On December 12, 2010 (75 FR 79304), the Federal Academic 
Laboratories Generator Standards Technical Corrections rules were 
promulgated. The State's rules at WAC 173-303-235(15)(a)(i) and (b)(i) 
are more stringent than the Federal rules because they require the 
accumulation date to appear on the container label, whereas the Federal 
rules at 40 CFR 262.214(a)(1) and (b)(1) allow the information to be 
associated with, but not necessarily placed on, the container. 
Additional details regarding the more stringent State provisions 
associated with the State's adoption of the Federal Academic 
Laboratories Generator Standards are available in the docket.
    c. Characteristic of Reactivity--On January 31, 1986 (51 FR 3782), 
the State received authorization for its dangerous waste identification 
rules including WAC 173-303-090(7) Characteristic of reactivity. On 
January 18, 2010 (75 FR 12989), the Federal rule at 40 CFR 261.23(a)(8) 
was revised to update the forbidden explosives regulation under 40 CFR 
261.23 Characteristic of reactivity. The State revised the 
corresponding WAC 173-303-090(7)(a)(viii), but included Division 1.5 
explosives (refer to the US Department of Transportation Hazardous 
Materials Class 1 explosives chart) not included in the Federal rule. 
As a result, the State's rule is more stringent than the Federal rule. 
Additional details regarding the more stringent State provisions 
associated with forbidden explosives under the characteristic of 
reactivity rule are available in the docket.
    d. Exception Reporting--On January 18, 2010 (75 FR 12989), the 
Federal Hazardous Waste Technical Corrections and Clarifications rules 
were promulgated. Under 40 CFR 262.42(c)(2), the 35/45/60 day 
timeframes for exception reporting begin the date the waste was 
accepted by the initial transporter forwarding the hazardous waste from 
the designated facility to the alternate facility. The State rule at 
WAC 173-303-220(2)(e)(ii) is more stringent because it does not have a 
60-day window for Medium Quantity Generators (equivalent to Federal 
Small Quantity Generators) to submit exception reports to the 
Washington State Department of Ecology. Additional details regarding 
the more stringent State provisions associated with Exception reports 
are available in the docket.
    e. Independent Qualified Registered Professional Engineers--On 
December 18, 2014, the State adopted rule changes to require 
Independent Qualified Registered Professional Engineers (IQRPEs) to 
certify certain activities. The revised State rules at WAC 173-303-
200(1)(b)(iv), 200(4)(a)(iv)(A)(III), 400(3)(c)(xxii)(B), 64690, 
650(4)(c), 650(5)(d)(ii)(B), 665(2)(a)(i), 806(4)(d)(v), 
806(4)(e)(iii)(A)(I), and 806(4)(h)(ii)(A)(I) are more stringent than 
corresponding Federal rules at 40 CFR 262.34(a)(1)(iv) and 
(g)(4)(i)(C), 265.1101(c)(3)(iii), 264.554 (IBR, 045(1)), 264.226(c), 
264.227(d)(2)(ii), 264.301(a)(1), 270.17(d), 270.18(c)(1)(i), and 
270.21(b)(1)(i). Additional details regarding the more stringent State 
provisions associated with IQRPE requirements are available in the 
docket.

2. Broader in Scope

    The State has added a time limit for special wastes that are stored 
at transfer stations under WAC 173-303-073(2)(e)(v). The Federal rules 
do not regulate these special wastes which are State-only wastes and 
defined at WAC 173-303-040; therefore, the regulation of these wastes 
is broader in scope than the Federal rules. As noted above, broader in 
scope rules are not authorized by the EPA.

H. Who issues permits once the authorization takes effect?

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

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

    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. The 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 this action affect Indian Country (18 U.S.C. 1151) in 
Washington?

    The EPA's decision to authorize the Washington hazardous waste 
management 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. The EPA retains jurisdiction over ``Indian Country''. 
Effective October 22, 1998 (63 FR 50531, September 22, 1998) 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. The 
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 final authorization revises 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 authorization complies with applicable executive 
orders and statutory provisions as follows:

1. Executive Order 12866

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
Federal agencies must determine whether the regulatory action is 
``significant'', and therefore subject to OMB review and the 
requirements of the E.O. The E.O. 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

[[Page 10389]]

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 E.O. The EPA 
has determined that this final authorization is not a ``significant 
regulatory action'' under the terms of E.O. 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 authorization 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 the 
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 this authorization on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's size regulations at 13 CFR part 
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 final 
authorization will not have a significant economic impact on a 
substantial number of small entities because the final authorization 
will only have the effect of authorizing pre-existing requirements 
under State law and imposes no additional requirements beyond those 
imposed by State law.

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, the 
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 one year. Before promulgating an EPA rule for 
which a written statement is needed, Section 205 of the UMRA generally 
requires the 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 the 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 the 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 the EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements. This 
final authorization 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, the EPA has also determined that this final authorization 
contains no regulatory requirements that might significantly or 
uniquely affect small government entities. Thus, this final 
authorization is not subject to the requirements of Sections 202 and 
203 of the UMRA.

5. Executive Order 13132: Federalism

    This final authorization 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 E.O. 13132 (64 FR 43255, August 10, 1999). 
This document authorizes pre-existing State rules. Thus, E.O. 13132 
does not apply to this final authorization. In the spirit of E.O. 
13132, and consistent with the EPA policy to promote communications 
between the EPA and state and local governments, the EPA specifically 
solicited comment on this authorization 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 the 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 final 
authorization does not have tribal implications, as specified in E.O. 
13175 because the EPA retains its authority over Indian Country. Thus, 
E.O. 13175 does not apply to this final authorization. The EPA 
specifically solicited comment on this authorization from tribal 
officials.

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

    The 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

[[Page 10390]]

under Section 5-501 of the E.O. has the potential to influence the 
regulation. This action is not subject to E.O. 13045 because it 
approves a state program.

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

    This final authorization 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 E.O. 12866, 
as discussed in detail above.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272), 
directs the 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 the EPA to provide 
Congress, through OMB, explanations when the Federal agency decides not 
to use available and applicable voluntary consensus standards. This 
authorization does not involve technical standards. Therefore, the 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. The EPA has determined that this 
final authorization will not have disproportionately high and adverse 
human health or environmental effects on minority or low-income 
populations. This final authorization does not affect the level of 
protection provided to human health or the environment because this 
document authorizes pre-existing State rules which are equivalent to 
and no less stringent than existing Federal requirements.

11. The Congressional Review Act, 5 U.S.C. 801-808

    The Congressional Review Act, 5 U.S.C. 801-808, 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 document 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 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).

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 final action is issued under the authority of 
Sections 1006, 2002(a), and 3006 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6905, 6912(a), and 6926.

    Dated: February 20, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-04702 Filed 3-8-18; 8:45 am]
 BILLING CODE 6560-50-P


