[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Rules and Regulations]
[Pages 13644-13647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05012]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2021-0439; FRL-8853-02-R10]


Oregon: Authorization of State Hazardous Waste Management Program 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final authorization.

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SUMMARY: Oregon 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

[[Page 13645]]

authorization. EPA sought public comment under Docket #EPA-R10-RCRA-
2021-0439 from October 5, 2021, to November 4, 2021, prior to taking 
this final action to authorize these changes. EPA received five 
comments, only one of which was adverse. EPA's response to the comment 
and rationale for this final action are provided below.

DATES: This final authorization is effective April 11, 2022.

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: [email protected].

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.
    Oregon State's hazardous waste management program received final 
authorization on January 30, 1986 (51 FR 3779), to implement the RCRA 
hazardous waste management program. As explained in section E of this 
document, Oregon's program has been revised and reauthorized numerous 
times since then. 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. The below 
rules have been adopted by Oregon as of July 12, 2017. The Federal 
rules adopted by Oregon include the Hazardous Waste Manifest Printing 
Specifications Correction Rule (76 FR 36363, June 22, 2011), Standards 
Applicable to Owners and Operators of Closed and Closing Hazardous 
Waste Management Facilities: Post-Closure Permit Requirement; Closure 
Process (63 FR 56710, October 22, 1998), Used Oil Management Standards 
(75 FR 76633, September 8, 2005), Standardized Permit for RCRA HW 
Management Facilities (70 FR 53420, September 8, 2005), NESHAP: 
Standards for RCRA HW Management Facilities (73 FR 18970, April 8, 
2008), Amendment to Hazardous Waste Code F019 (73 FR 31756, June, 4, 
2008), Academic Laboratories Generator Standards (73 FR 72911, December 
1, 2008), Export Shipments of Lead-Acid Batteries (75 FR 1236, January 
9, 2010), Hazardous Waste Technical Corrections and Clarifications Rule 
(75 FR 12989, March 18, 2010), Withdrawal of the Emissions Comparable 
Fuel Exclusion (75 FR 33712, June 5, 2010), Removal of Saccharin and 
its Salt from the Lists of Hazardous Constituents (75 FR 78918, 
December 17, 2010), Academic Laboratories Generator Standards Technical 
Corrections (75 FR 79304, December 20, 2010), Revision of the Treatment 
Standards for Carbamate Wastes (76 FR 34147, June 13, 2011), Hazardous 
Waste Technical Corrections and Clarifications Rule (77 FR 22229, July 
31, 2013), Conditional Exclusions for Solvent-Contaminated Wipes (78 FR 
46447, July 31, 2013), Modifications of Hazardous Waste Manifest 
System: Electronic Manifest (79 FR 7518, February 7, 2014), Revisions 
to the Export Provisions of the Cathode Ray Tube (78 FR 36220, June 26, 
2014), Vacatur of the Comparable Fuels Rule and the Gasification Rule 
(80 FR 18777, April 8, 2015), and Disposal of Coal Combustion Residues 
from Electric Utilities (80 FR 21301, April 17, 2015). Of the 19 rules 
being authorized by this action, some State rules contain 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 
action.
    The EPA is authorizing Oregon's revised hazardous waste program in 
its entirety through July 12, 2017, as described above.

B. What decisions has EPA made in this action?

    EPA has reviewed Oregon's application to revise its authorized 
program and has determined that it meets the statutory and regulatory 
requirements established by RCRA. Therefore, EPA is granting Oregon 
final authorization to operate its hazardous waste management program 
with the changes described in the authorization revision application 
and supporting materials. Oregon 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)) and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the Hazardous and 
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA, and which are not less stringent than existing 
requirements, take effect in authorized States before the States are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Oregon, including issuing permits, 
until Oregon is granted authorization to do so.

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

    A person in Oregon 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 EPA for which 
the State has not received authorization and RCRA requirements that are 
not supplanted by the authorized State requirements. Oregon will 
continue to have primary enforcement authority and responsibility for 
its State hazardous waste program. EPA will 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 the act of authorization.

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

    The EPA received five comments during the public comment period of 
this action (86 FR 54894, October 5, 2021), four of which were 
supportive, and one of which was opposed to this action. All the 
comments received are included in the docket for this action.
    The adverse commenter questioned EPA's authorization of Oregon's 
rule conditionally excluding solvent-contaminated wipes from RCRA

[[Page 13646]]

requirements, stating: ``why is Oregon proposing a more stringent 
ruling on solvent-contaminated wipes when they can easily be excluded 
using broad language under the EPA?'' The commenter also raised 
questions about how solvent-contaminated wipes would be managed under 
Oregon's rule. According to the commenter, ``[t]he plan for how the 
wipes will be taken care of now that they are classified as hazardous 
waste should be addressed before the approval is completed for this 
proposal.''
    RCRA Section 3006 sets forth three criteria EPA must evaluate in 
determining whether to authorize a State program: Whether the State 
program is equivalent to the Federal program; whether the State program 
is consistent with Federal or State programs applicable in other 
States; and, whether the State program provides adequate enforcement of 
compliance with RCRA requirements. In addition, under RCRA Section 
3009, states may adopt RCRA programs that are more stringent than 
Federal regulations, and EPA may authorize and enforce such more-
stringent regulations. See 40 CFR 271.1(i)(1).
    As noted in EPA's proposed action and in this final authorization, 
EPA has determined that Oregon's changes to its hazardous waste 
program--including the State's adoption of the conditional exclusion 
for solvent-contaminated wipes--meet the statutory criteria for 
authorization under RCRA Sections 3006 and 3009. EPA's exclusion for 
solvent-contaminated wipes is codified at 40 CFR 261.4(b)(18), and 
Oregon adopts by reference that provision at OAR 340-100-0002(1), with 
the exception of changes to the Federal rule identified at OAR 340-101-
0004(3) through (5), which eliminate certain disposal options from the 
exclusion. In other words, Oregon's rules are consistent with EPA's 
rules with regard to management of excluded solvent-contaminated wipes 
and are more stringent with regard to their disposal. Thus, EPA has 
determined that Oregon's requested changes to its hazardous waste 
program are consistent with RCRA requirements and is finalizing 
authorization of those changes in this action.

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 is the EPA authorizing with this action?

    EPA is authorizing revisions to Oregon's authorized RCRA program as 
described in Oregon's official program revision application, submitted 
to EPA on October 16, 2020, and deemed complete by EPA on November 19, 
2020. EPA has determined that Oregon's hazardous waste management 
program revisions as described in the October 16, 2020 State's 
authorization revision application satisfy the requirements necessary 
to quality for final authorization. Oregon'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, EPA is granting Oregon's request for RCRA program 
authorization revision for the program changes as noted in Section A of 
this document.

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, 
determined functionally equivalent, and State rules that are more 
stringent than the Federal program may be authorized, in which case 
those provisions are 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.
    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.

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

    Oregon will continue to 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, 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. 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. EPA will continue to 
implement and issue permits for HSWA requirements for which Oregon is 
not yet authorized.

I. How does this 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.

[[Page 13647]]

J. 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 will 
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 authorizes 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 authorizes 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 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 authorizing Oregon's updated RCRA program, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. 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 authorizes 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 action is not subject to Executive Order 12898.
    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).

    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: March 4, 2022.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-05012 Filed 3-9-22; 8:45 am]
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