[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Proposed Rules]
[Pages 54894-54897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21565]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2021-0439; FRL-8853-01-R10]


Oregon: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Oregon has applied to the Environmental Protection Agency 
(EPA) for final authorization of changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. 
EPA has reviewed Oregon's application, and has determined that these 
changes satisfy all requirements needed to qualify for authorization. 
Therefore, we are proposing to authorize the State's changes. EPA seeks 
public comment prior to taking final action.

DATES: Comments on this proposed rule must be received on or before 
November 4, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2021-0439 through the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include all 
points the commenter wishes to make. EPA will generally not consider 
comments or comment contents located outside of the primary submissions 
(i.e., on the web, cloud, or other file sharing system). For additional 
submission methods, the full EPA public comment policy, information 
about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. The EPA encourages electronic submittals, but 
if you are unable to submit electronically or need other assistance, 
please contact Margaret Olson, the contact listed below. Please also 
contact Margaret Olson if you need assistance in a language other than 
English or if you are a person with disabilities who needs a reasonable 
accommodation at no cost to you.

FOR FURTHER INFORMATION CONTACT: Margaret Olson, U.S. Environmental 
Protection Agency, Region 10, Oregon Operations Office, 805 SW 
Broadway, Suite 500, Portland, Oregon 97205, phone number: (503) 326-
5874, email: olson.margaret@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA 
section 3006(b), 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 40 Code of Federal Regulations (CFR) parts 124, 
260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized states at the 
same time that they take effect in unauthorized states. Thus, EPA will 
implement those requirements and prohibitions in Oregon, including the 
issuance of new permits implementing

[[Page 54895]]

those requirements, until the State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On October 16, 2020, Oregon submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program that correspond to certain Federal rules promulgated between 
October 22, 1998 and April 17, 2015. EPA is proposing to determine that 
Oregon's application to revise its authorized program meets all the 
statutory and regulatory requirements established by RCRA, as set forth 
in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. 
Therefore, EPA proposes to grant Oregon final authorization to operate 
its hazardous waste program with the changes described in the 
authorization application, and as outlined below in Section G of this 
document. Oregon has responsibility for permitting Treatment, Storage, 
and Disposal Facilities (TSDFs) within its borders (except in Indian 
country) and for carrying out the aspects of the RCRA program described 
in its revised program application, subject to the limitations of HSWA, 
as discussed above.

C. What is the effect of this proposed authorization decision?

    If Oregon is authorized for the changes described in Oregon's 
authorization application, these changes will become part of the 
authorized State hazardous waste program and will therefore be 
federally enforceable. Oregon will continue to have primary enforcement 
authority and responsibility for its State hazardous waste program. EPA 
would maintain its authorities under RCRA sections 3007, 3008, 3013, 
and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses and reports;
     Enforce RCRA requirements, including authorized State 
program requirements;
     Suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action will not impose additional requirements on the 
regulated community because the regulations which EPA is proposing to 
authorize in Oregon are already effective under state law and are not 
changed by today's proposed action.

D. What happens if EPA receives comments that oppose this action?

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

E. What has Oregon previously been authorized for?

    Oregon initially received final authorization on January 30, 1986, 
effective January 31, 1986 (51 FR 3779), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Oregon's program on March 30, 1990, effective on May 29, 
1990 (55 FR 11909); August 5, 1994, effective October 4, 1994 (59 FR 
39967); June 16, 1995, effective August 15, 1995 (60 FR 31642); October 
10, 1995, effective December 7, 1995 (60 FR 52629); September 10, 2002, 
effective September 10, 2002 (67 FR 57337); June 26, 2006 effective 
June 26, 2006 (71 FR 36216); and January 7, 2010, effective January 7, 
2010 (75 FR 918).

F. What changes are we proposing with today's action?

    On October 16, 2020, Oregon submitted a final complete program 
revision application, seeking authorization of changes to its hazardous 
waste management program in accordance with 40 CFR 271.21. EPA proposes 
to determine, subject to receipt of written comments that oppose this 
action, that Oregon's hazardous waste program revisions are equivalent 
to, consistent with, and no less stringent than the federal program, 
and therefore satisfy all the requirements necessary to qualify for 
final authorization. Therefore, EPA is proposing to authorize Oregon 
for the following program changes as identified in the list below.

----------------------------------------------------------------------------------------------------------------
                                            Federal Register date and
  Description of Federal requirement and       page  (and/or RCRA              Analogous state authority
            Checklist \1\ No.                 statutory authority)
----------------------------------------------------------------------------------------------------------------
NA--Hazardous Waste Manifest Printing      76 FR 36363, 6/22/11......  OAR 340-100-0002.
 Specifications Correction Rule.
174--partial adoption--Standards           63 FR 56710, 10/22/98.....  Oregon Revised Statutes 465.009, 465.505,
 Applicable to Owners and Operators of                                  and 466.020. OAR 340-100-0002.
 Closed and Closing Hazardous Waste
 Management Facilities: Post-Closure
 Permit Requirement; Closure Process.
203--Used Oil Management Standards.......  75 FR 76633, 9/8/05.......  Oregon Revised Statutes 465.009, 466.020,
                                                                        465.505. OAR 340-100-0002.
210--Standardized Permit for RCRA HW       70 FR 53420, 9/8/05.......  Oregon Revised Statutes 465.009, 466.020,
 Management Facilities.                                                 465.505. OAR 340-100-0002/OAR 340-100-
                                                                        0001(3)/OAR 340-100-0004/OAR 340-101-
                                                                        0001(2)/OAR 340-101-0030/OAR 340-102-
                                                                        0010(2)-(3)/OAR 340-104-0001(2)/OAR 340-
                                                                        105-0001(2)/OAR 340-106-0001(2)/OAR 340-
                                                                        109-0001(2)/OAR 340-111-0010(3)(d).
217--NESHAP: Standards for RCRA HW         73 FR 18970, 4/8/08.......  Oregon Revised Statutes 465.009, 466.020,
 Management Facilities.                                                 465.505. OAR 340-100-0002.
218--Amendment to Hazardous Waste Code     73 FR 31756, 6/4/08.......  Oregon Revised Statutes 465.009, 466.020,
 F019.                                                                  465.505. OAR 340-100-0002.
220 \2\--Academic Laboratories Generator   73 FR 72911, 12/1/08......  Oregon Revised Statutes Chapters 183,
 Standards.                                                             192, and 459, and Sections 465.009,
                                                                        465.505, 466.015, 466.020, 466.075,
                                                                        466.090, 466.105, 466.165, 466.195, 468,
                                                                        and 646. OAR 340-100-0002/340-102-
                                                                        0200(1)-(4).
222--Export Shipments of Spent Lead-Acid   75 FR 1236, 1/9/10........  Oregon Revised Statutes 465.009, 466.020,
 Batteries.                                                             465.505. OAR 340-100-0002.
223--Hazardous Waste Technical             75 FR 12989, 3/18/10......  Oregon Revised Statutes 465.009, 466.020,
 Corrections and Clarification Rule.                                    465.505. OAR 340-100-0002.

[[Page 54896]]

 
224--Withdrawal of the Emissions           75 FR 33712, 6/5/10)......  Oregon Revised Statutes 465.009, 465.505,
 Comparable Fuel Exclusion.                                             466.020. OAR 340-100-0002.
225NA--Removal of Saccharin and its Salt   75 FR 78918, 12/17/10.....  Oregon Revised Statutes 465.009, 466.020,
 from the Lists of Hazardous Constituents.                              465.505. OAR 340-100-0002.
226--Academic Laboratories Generator       75 FR 79304, 12/20/10.....  Oregon Revised Statutes Chapter 183,
 Standards Technical Corrections.                                       Chapter 192, Chapter 459, 465.009,
                                                                        465.505, 466.015, 466.020, 466.075,
                                                                        466.090, 466.105, 466.165, 466.195,
                                                                        Chapter 468, Chapter 646. OAR 340-100-
                                                                        0002.
227--Revision of the Treatment Standards   76 FR 34147, 6/13/11......  Oregon Revised Statutes 465.009, 466.020,
 for Carbamate Wastes.                                                  465.505. OAR 340-100-0002.
228--Hazardous Waste Technical             77 FR 22229, 7/31/13......  Oregon Revised Statutes 465.009, 466.020,
 Corrections and Clarifications Rule.                                   465.505. OAR 340-100-0002.
229 \2\--Conditional Exclusions for        78 FR 46447, 7/31/13......  Oregon Revised Statute 192, 465.009,
 Solvent-Contaminated Wipes.                                            465.505, 466.015, 466.020, 466.075,
                                                                        466.090, 466.180, 468.020, and 646. OAR
                                                                        340-100-002/OAR 340-101-0004(3)-(5).
231--Modifications of Hazardous Waste      79 FR 7518, 2/7/14........  Oregon Revised Statutes 465.009, 466.020,
 Manifest System: Electronic Manifest.                                  465.505. OAR 340-100-0002/OAR 340-100-
                                                                        0002(2).
232--Revisions to the Export Provisions    78 FR 36220, 6/26/14......  Oregon Revised Statutes 465.009, 466.020,
 of the Cathode Ray Tube.                                               465.505. OAR 340-100-0002.
234--Vacatur of the Comparable Fuels Rule  80 FR 18777, 4/8/15.......  Oregon Revised Statute 465.009, 465.505,
 and the Gasification Rule.                                             466.020. OAR 340-100-0002.
235--Disposal of Coal Combustion Residues  80 FR 21301, 4/17/15......  Oregon Revised Statute 465.009, 465.505,
 from Electric Utilities.                                               466.020. OAR 340-100-0002.
----------------------------------------------------------------------------------------------------------------
\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 and/or broader in scope provisions. For identification of these
  provisions refer to the authorization revision application's Attorney General Statement and Checklists found
  in the docket for this proposed rule. Some of these provisions are discussed in Section G of this rule.

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

    When revised state rules differ from the Federal rules in the RCRA 
state authorization process, EPA determines whether the state rules are 
equivalent to, more stringent than, or broader in scope than the 
federal program. Pursuant to RCRA Section 3009, 42 U.S.C. 6929, state 
programs may contain requirements that are more stringent than the 
federal regulations. Such more stringent requirements can be federally 
authorized and, once authorized, become federally enforceable.
    The following Oregon provisions documented in this authorization 
action are more stringent than the Federal program:
     Oregon is more stringent than the Federal program at OAR 
340-102-0041(2) by requiring annual reporting rather than biennial 
reporting.
     Oregon is more stringent than the Federal program at OAR 
340-102-0200(4) which requires when opting-in to Subpart K, an eligible 
academic entity is required to submit their completed Laboratory 
Management Plan as defined in 40 CFR 262.214.
     Oregon is more stringent than the Federal program at OAR 
340-102-0200(2) which requires container labels be affixed or attached 
to the container and eliminates the possibility of these labels being 
associated with the wrong container.
     Oregon is more stringent than the Federal program at OAR 
340-101-0004(4) and (5) by requiring containers of solvent contaminated 
wipes be either laundered or disposed as hazardous waste. Oregon does 
not allow disposal of solvent contaminated wipes in a municipal 
landfill or non-hazardous waste incinerator.
    Although the statute does not prevent states from adopting 
regulations that are broader in scope than the Federal program, states 
cannot receive authorization for such regulations, and they are not 
federally enforceable. Oregon is broader in scope than the Federal 
program documented in this authorization action by requiring academic 
laboratories that opt into Subpart K to obtain an EPA identification 
number.
    Oregon has identified regulatory language at OAR 340-100-0004(3) as 
broader in scope. At 40 CFR 261.4(a)(26)(i) and 261.4(b)(18)(i), EPA 
regulations exclude solvent-contaminated wipes from the definitions of 
solid waste and hazardous waste, respectively, so long as the wipes are 
(among other things) stored in containers labeled ``Excluded Solvent-
Contaminated Wipes.'' Oregon specifies at OAR 340-100-0004(3) that such 
wipes may also be ``labeled with equivalent wording describing the 
contents of the container and recognizing the exclusion[.]'' EPA has 
evaluated this regulatory language and determined that it is 
functionally equivalent to the Federal program, so we are including it 
in this proposed action.

H. Who handles permits after the final authorization takes effect?

    When the final authorization takes effect, Oregon will issue 
permits for all the provisions for which it is authorized and will 
administer the permits it issues. Permits issued by EPA prior to 
authorizing Oregon for these revisions would 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 would 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 Oregon is authorized after the effective date 
of this authorization. The EPA will continue to implement and issue 
permits for HSWA

[[Page 54897]]

requirements for which Oregon is not yet authorized.

I. How does today's action affect Indian country (18 U.S.C. 1151) in 
Oregon?

    Oregon is not authorized to carry out its hazardous waste program 
in Indian country within the State, which includes:
     All lands within the exterior boundaries of Indian 
reservations within or abutting the State of Oregon.
     Any land held in trust by the U.S. for an Indian tribe; 
and
     Any other land, whether on or off an Indian reservation, 
that qualifies as Indian country.
    Therefore, this action has no effect on Indian country. EPA retains 
jurisdiction over Indian country and will continue to implement and 
administer the RCRA program on these lands.

J. What is codification and will EPA codify Oregon's hazardous waste 
program as proposed in this rule?

    Codification is the process of placing citations and references to 
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 adding those citations and references to 
the authorized State rules in 40 CFR part 272. EPA is not proposing to 
codify the authorization of Oregon's changes at this time. However, EPA 
reserves the ability to amend 40 CFR part 272, subpart MM at a later 
date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to 
authorize State requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Therefore, this action is not subject to review by OMB. Accordingly, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this action proposes to authorize 
pre-existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1531-1538). For the same reason, this action also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). This action 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 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely proposes to authorize 
State requirements as part of the State RCRA hazardous waste program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is 
not economically significant and it does not make decisions based on 
environmental health or safety risks. This action 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 
under Executive Order 12866.
    Under RCRA section 3006(b), the EPA grants a state's application 
for authorization as long as the state meets the criteria required by 
RCRA. It would thus be inconsistent with applicable law for the EPA, 
when it reviews a state authorization application, to require the use 
of any particular voluntary consensus standard in place of another 
standard that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in proposing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of this action in accordance with 
the ``Attorney General's Supplemental Guidelines for the Evaluation of 
Risk and Avoidance of Unanticipated Takings'' issued under the 
executive order. This action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). 
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. Because this action proposes 
authorization of pre-existing State rules which are at least equivalent 
to, and no less stringent than existing Federal requirements, and 
imposes no additional requirements beyond those imposed by State law, 
and there are no anticipated significant adverse human health or 
environmental effects, this proposed rule is not subject to Executive 
Order 12898.

    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, and 6974(b).

    Dated: September 28, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-21565 Filed 10-4-21; 8:45 am]
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