82_FR_32438 82 FR 32305 - Washington: Proposed Authorization of State Hazardous Waste Management Program Revisions

82 FR 32305 - Washington: Proposed Authorization of State Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32305-32312
FR Document2017-14733

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

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Proposed Rules]
[Pages 32305-32312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14733]



[[Page 32305]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2017-0285; FRL-9963-60-Region 10]


Washington: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

DATES: Comments on this proposed rule must be received by August 14, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2017-0285, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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 discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (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.

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: mccullough.barbara@epa.gov or from the Washington 
State Department of Ecology, 300 Desmond Drive, Lacey, Washington 
98503, contact: Robert Rieck, phone number: (360) 407-6751, email: 
rori461@ecy.wa.gov.

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, EPA received the 
State's most recent authorization revision application. This 
authorization revision application requests federal authorization for 
Washington's Rules and Standards for Hazardous Waste, effective as of 
December 31, 2014, and seeks to revise its federally-authorized 
hazardous waste management program to include Federal hazardous waste 
regulations promulgated through July 1, 2013.

B. What decisions are proposed in this action?

    The EPA has reviewed Washington's application to revise its 
authorized program and proposes to determine that it meets all of the 
statutory and regulatory requirements established by RCRA, as amended. 
Therefore, with respect to these revisions we are proposing to grant 
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 proposed authorization decision?

    If Washington is authorized for these changes, 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 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 would 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.

[[Page 32306]]

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

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

E. What has Washington previously been authorized for?

    Washington initially received final authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3782), to implement the State's 
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 are we proposing?

    The EPA is proposing to authorize 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 proposes to 
determine, subject to public review and comment, 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, we are proposing to 
authorize 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 authority  (WAC 173-
    Checklist \1\       Federal requirements        Federal Register                    303- * * *)
----------------------------------------------------------------------------------------------------------------
12 \2\..............  Satellite Accumulation..  49 FR 49568, 12/20/1984.  200(2).
174.................  Post-Closure Permit       63 FR 56710, 10/22/1998.  645(1)(e); 800(12); 610(3)(a)(ix);
                       Requirement and Closure                             620(1)(d)(i); 610(3)(b)(ii)(D);
                       Process.                                           610(8)(d)(ii)(D); 045(1); 400(3)(a);
                                                                           IBR 045(1); 800(2);
                                                                          806(4)(a); 806(4)(o).
206.................  Nonwastewaters from Dyes  70 FR 9138, 2/24/2005...  071(3)(kk), 071(3)(kk)(i),
                       and 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).
220 \2\.............  Academic Laboratories     73 FR 72912, 12/1/2008..  070(7)(c)(vi), 070(7)(c)(vii); 170(7),
                       Generator Standards.                                170(7)(a), 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)(II), 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),

[[Page 32307]]

 
                                                                          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)(II), 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 Requirements;        75 FR 1236, 1/8/2010....  170(6); 230(1) IBR; 045(1); 240(11);
                       Export Shipments of                                 290(1)(b); 370(3), 370(7); 290(1)(b);
                       Spent Lead-Acid                                     370(3), 370(7); 520(1)(a) and (b).
                       Batteries.
223 \2\.............  Hazardous Waste           75 FR 12989, 1/18/2010..  040 ``New TSD facility'' definition;
                       Technical Corrections                               040 ``Processed scrap metal''
                       and Clarifications.                                 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 Laboratories     75 FR 79304, 12/20/2010.  235(1), 235(1)(b), 235(7)(b)(iii)(A),
                       Generator Standards                                 235(13)(e)(i), 235(15)(a)(i),
                       Technical Corrections.                              235(15)(b)(i).
227.................  Revision of the Land      76 FR 34147, 6/13/2011..  140(2)(a) IBR; 045(1).
                       Disposal Treatment
                       Standards for Carbamate
                       Wastes.
228 \2\.............  Hazardous Waste           77 FR 22229, 4/13/2012..  9904; 505(1)(b)(i).
                       Technical 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 Web site 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 proposed rule. Some of the more stringent state provisions are discussed in Section G of this
  rule.


                    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)).
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.

[[Page 32308]]

 
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               ii)--more
                                 requirement..           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),
                                                         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,
                                                         264.148(a).
620(3)(a)(ii), 620(5)(a)......  Clarify that financial  264.142(a)(2),
                                 assurance cost          264.144(a)(1).
                                 estimates are
                                 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),
                                 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),
                                 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 $25M.   stringent State
                                                         requirement.
                                                        264.145(f)--more
                                                         stringent State
                                                         requirement.
                                                        264.147(f)--more
                                                         stringent State
                                                         requirement.
620(4)(d)(v), 620(6)(a)(vii)..  ``Agreed upon           264.143(f)(3)(ii
                                 Procedures'' report     i),
                                 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,            standards and codes     ) Note,
 640(9)(b).                      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),
                                                         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),
 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.
9903..........................  Numerical P list......  261.33.

[[Page 32309]]

 
                                 P108 CAS
                                 number corrected (2
                                 entries).
                                 P114
                                 Tetraethydithiopyroph
                                 osphate 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
                                 Hydrazinecarbothioami
                                 de.
                                 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).                                                   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 proposing to 
authorize. This section discusses rules of particular interest where 
the EPA proposes to find that 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/export functions. Under RCRA regulations found in 40 
CFR part 262, the EPA will continue to implement requirements for 
import/export functions. However, the State rules (WAC 173-303-230) 
reference the EPA's export and import 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 proposes to 
authorize 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)(ii) and 40 CFR 262.204(a) and (b)(2) exempt 
the comparable Conditionally

[[Page 32310]]

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).
    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), 
262.34(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) in this rule 
proposal. 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 after 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 EPA prior to authorizing Washington 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 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 proposed rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. This is done by 
referencing the authorized State rules in 40 CFR part 272. 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 today's action affect Indian Country (18 U.S.C. 1151) in 
Washington?

    The EPA's proposed decision to authorize the Washington hazardous 
waste management program does not include any land that is, or becomes 
after the date of 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 proposed rule seeks to revise the State of Washington's 
authorized hazardous waste management program pursuant to section 3006 
of RCRA and imposes no requirements other than those currently imposed 
by State law. This proposed rule complies with

[[Page 32311]]

applicable executive orders and statutory provisions as follows:

1. Executive Order 12866

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

2. Paperwork Reduction Act

    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., because this proposed rule does not establish or modify 
any information or recordkeeping requirements for the regulated 
community and only seeks to authorize the pre-existing requirements 
under State law and imposes no additional requirements beyond those 
imposed by State law.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing, and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; 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 today's proposed rule on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's size regulations at 13 CFR 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 proposed rule 
will not have a significant economic impact on a substantial number of 
small entities because the proposed rule will only have the effect of 
authorizing pre-existing requirements under State law and imposes no 
additional requirements beyond those imposed by State law. The EPA 
continues to be interested in the potential impacts of the proposed 
rule on small entities and welcomes comments on issues related to such 
impacts.

4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, 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. 
Today's proposed rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local, or 
tribal governments or the private sector. It imposes no new enforceable 
duty on any State, local or tribal governments or the private sector. 
Similarly, the EPA has also determined that this proposed rule contains 
no regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, today's proposed rule is not subject 
to the requirements of Sections 202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

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

[[Page 32312]]

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 proposed rule 
does not have tribal implications, as specified in EO 13175 because the 
EPA retains its authority over Indian Country. Thus, EO 13175 does not 
apply to this proposed rule. The EPA specifically solicits additional 
comment on this proposed rule from tribal officials.

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

    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 under section 5-501 of 
the EO has the potential to influence the regulation. This action is 
not subject to EO 13045 because it proposes to approve a state program.

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

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

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 Agency decides not to use 
available and applicable voluntary consensus standards. This proposed 
rulemaking 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 
proposed rule will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations. 
This proposed rule does not affect the level of protection provided to 
human health or the environment because this rule proposes to authorize 
pre-existing State rules which are equivalent to, and no less stringent 
than existing federal requirements.

List of Subjects in 40 CFR Part 271

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

    Authority: This proposed action is issued under the authority of 
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, 
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: May 31, 2017.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-14733 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                          32305

                                                   ENVIRONMENTAL PROTECTION                                 mccullough.barbara@epa.gov or from                    boundaries of the Puyallup Indian
                                                   AGENCY                                                   the Washington State Department of                    Reservation (also referred to as the
                                                                                                            Ecology, 300 Desmond Drive, Lacey,                    ‘‘1873 Survey Area’’ or ‘‘Survey Area’’)
                                                   40 CFR Part 271                                          Washington 98503, contact: Robert                     located in Tacoma, Washington (see
                                                   [EPA–R10–RCRA–2017–0285; FRL–9963–
                                                                                                            Rieck, phone number: (360) 407–6751,                  section ‘‘J’’ below for full description)
                                                   60–Region 10]                                            email: rori461@ecy.wa.gov.                            and for carrying out the aspects of the
                                                                                                            SUPPLEMENTARY INFORMATION:                            RCRA program described in its revised
                                                   Washington: Proposed Authorization                                                                             program application, subject to the
                                                                                                            A. Why are revisions to State programs                limitations of the Hazardous and Solid
                                                   of State Hazardous Waste Management
                                                                                                            necessary?
                                                   Program Revisions                                                                                              Waste Amendments of 1984 (HSWA).
                                                                                                               States that have received final                    New Federal requirements and
                                                   AGENCY:  Environmental Protection                        authorization from the EPA pursuant to                prohibitions imposed by Federal
                                                   Agency (EPA).                                            section 3006(b) of RCRA, 42 U.S.C.                    regulations that the EPA promulgates
                                                   ACTION: Proposed rule.                                   6926(b), must maintain a hazardous                    under the authority of HSWA, and
                                                                                                            waste program that is equivalent to,                  which are not less stringent than
                                                   SUMMARY:    Washington has applied to                    consistent with, and no less stringent                existing requirements, take effect in
                                                   EPA for final authorization of certain                   than the Federal program. As the                      authorized states before the states are
                                                   changes to its hazardous waste program                   Federal program changes, states must                  authorized for the requirements. Thus,
                                                   under the Resource Conservation and                      change their programs and ask the EPA                 the EPA will implement those
                                                   Recovery Act, as amended, (RCRA). The                    to authorize the changes. Changes to                  requirements and prohibitions in
                                                   EPA has reviewed Washington’s                            state programs may be necessary when                  Washington, including issuing permits,
                                                   application, and we have determined                      federal or state statutory or regulatory              until the State is granted authorization
                                                   that these changes satisfy all                           authority is modified or when certain                 to do so.
                                                   requirements needed to qualify for final                 other changes occur. Most commonly,
                                                   authorization and are proposing to                       states must change their programs                     C. What is the effect of this proposed
                                                   authorize the State’s changes. The EPA                   because of changes to the EPA’s                       authorization decision?
                                                   seeks public comment prior to taking                     regulations in Title 40 of the Code of                   If Washington is authorized for these
                                                   final action.                                            Federal Regulations (CFR) parts 124,                  changes, a person in Washington subject
                                                   DATES: Comments on this proposed rule                    260 through 266, 268, 270, 273, and 279.              to RCRA must comply with the
                                                   must be received by August 14, 2017.                        Washington State’s hazardous waste
                                                                                                                                                                  authorized State requirements in lieu of
                                                   ADDRESSES: Submit your comments,
                                                                                                            management program was initially
                                                                                                                                                                  the corresponding Federal requirements.
                                                   identified by Docket ID No. EPA–R10–                     approved on January 30, 1986 and
                                                                                                                                                                  Additionally, such persons will have to
                                                   RCRA–2017–0285, at http://                               became effective on January 31, 1986.
                                                                                                                                                                  comply with any applicable Federal
                                                   www.regulations.gov. Follow the online                   As explained in Section E below, it has
                                                                                                                                                                  requirements, such as, HSWA
                                                   instructions for submitting comments.                    been revised and reauthorized
                                                                                                                                                                  regulations issued by the EPA for which
                                                                                                            numerous times since then. On January
                                                   Once submitted, comments cannot be                                                                             the State has not received authorization,
                                                                                                            26, 2017, EPA received the State’s most
                                                   edited or removed from Regulations.gov.                                                                        and RCRA requirements that are not
                                                                                                            recent authorization revision
                                                   The EPA may publish any comment                                                                                supplanted by authorized State-issued
                                                                                                            application. This authorization revision
                                                   received to its public docket. Do not                                                                          requirements. Washington continues to
                                                                                                            application requests federal
                                                   submit electronically any information                                                                          have enforcement responsibilities under
                                                                                                            authorization for Washington’s Rules
                                                   you consider to be Confidential                                                                                its State hazardous waste management
                                                                                                            and Standards for Hazardous Waste,
                                                   Business Information (CBI) or other                                                                            program for violations of this program,
                                                                                                            effective as of December 31, 2014, and
                                                   information whose disclosure is                                                                                but the EPA retains its authority under
                                                                                                            seeks to revise its federally-authorized
                                                   restricted by statute. Multimedia                                                                              RCRA sections 3007, 3008, 3013, and
                                                                                                            hazardous waste management program
                                                   submissions (audio, video, etc.) must be                 to include Federal hazardous waste                    7003, which includes, among others, the
                                                   accompanied by a written comment.                        regulations promulgated through July 1,               authority to:
                                                   The written comment is considered the                    2013.                                                    • Conduct inspections;
                                                   official comment and should include
                                                                                                            B. What decisions are proposed in this                   • Require monitoring, tests, analyses,
                                                   discussion of all points you wish to
                                                                                                            action?                                               or reports;
                                                   make. The EPA will generally not
                                                   consider comments or comment                                                                                      • Suspend, terminate, modify or
                                                                                                               The EPA has reviewed Washington’s                  revoke permits;
                                                   contents located outside of the primary                  application to revise its authorized
                                                   submission (i.e. on the web, cloud, or                   program and proposes to determine that                   • Abate conditions that may present
                                                   other file sharing system). For                          it meets all of the statutory and                     an imminent and substantial
                                                   additional submission methods, the full                  regulatory requirements established by                endangerment to human health and the
                                                   EPA public comment policy,                               RCRA, as amended. Therefore, with                     environment; and
                                                   information about CBI or multimedia                      respect to these revisions we are                        • Enforce RCRA requirements and
                                                   submissions, and general guidance on                     proposing to grant Washington final                   take enforcement actions regardless of
                                                   making effective comments, please visit                  authorization to operate its hazardous                whether the State has taken its own
                                                   http://www2.epa.gov/dockets/                                                                                   actions.
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                                                                                                            waste program with the changes
                                                   commenting-epa-dockets.                                  described in the authorization revision                  The action to approve these revisions
                                                   FOR FURTHER INFORMATION CONTACT:                         application. Washington will continue                 would not impose additional
                                                   Barbara McCullough, U.S.                                 to have responsibility for permitting                 requirements on the regulated
                                                   Environmental Protection Agency,                         Treatment, Storage, and Disposal                      community because the regulations for
                                                   Region 10, Office of Air and Waste                       Facilities (TSDFs) within its borders                 which Washington has requested federal
                                                   (OAW–150), 1200 Sixth Avenue, Suite                      (except in Indian country (18 U.S.C.                  authorization are already effective under
                                                   900, Seattle, Washington 98101, phone                    1151)) with the exception of the non-                 State law and are not changed by the act
                                                   number: (206) 553–2416, email:                           trust lands within the exterior                       of authorization.


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                                                   32306                          Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   D. What happens if the EPA receives                               11, 2002, effective April 11, 2002 (67 FR                   amended by these provisions, remains
                                                   comments on this action?                                          17636); April 14, 2006, effective June                      equivalent to, consistent with, and is no
                                                                                                                     13, 2006 (71 FR 19442); October 30,                         less stringent than the Federal RCRA
                                                     If the EPA receives comments on this                            2006 effective December 29, 2006 (71 FR                     program. Therefore, we are proposing to
                                                   proposed action, we will address those                            63253) and June 18, 2010 effective July                     authorize the State for the following
                                                   comments in our final action. You may                             28, 2010 (75 FR 44144) .                                    program changes as identified in Table
                                                   not have another opportunity to
                                                                                                                     F. What changes are we proposing?                           1 and Table 2 below.
                                                   comment. If you want to comment on
                                                   this proposed authorization, you must                               The EPA is proposing to authorize                            The provisions listed in Table 1 and
                                                   do so at this time.                                               revisions to Washington’s authorized                        Table 2 are from the Washington
                                                                                                                     program described in Washington’s                           Administrative Code (WAC) and are
                                                   E. What has Washington previously                                                                                             analogous to the RCRA regulations as
                                                   been authorized for?                                              official program revision application,
                                                                                                                     submitted to the EPA on January 26,                         indicated in the Tables. The RCRA
                                                      Washington initially received final                            2017 and deemed complete by the EPA                         regulations that the State incorporated
                                                   authorization on January 30, 1986,                                on February 23, 2017. The EPA                               by reference are those as published in
                                                   effective January 31, 1986 (51 FR 3782),                          proposes to determine, subject to public                    40 CFR parts 260 through 265, 268, 270,
                                                   to implement the State’s hazardous                                review and comment, that Washington’s                       and 279, as of July 1, 2013, unless
                                                   waste management program. The EPA                                 hazardous waste management program                          otherwise noted. Table 1 identifies new
                                                   granted authorization for changes to                              revisions as described in the January 23,                   State rules that the EPA is authorizing
                                                   Washington’s program on September 22,                             2017 State’s authorization revision                         as equivalent or more stringent than the
                                                   1987, effective on November 23, 1987                              application satisfy the requirements                        Federal program. Table 2 identifies
                                                   (52 FR 35556); August 17, 1990,                                   necessary to qualify for final                              State-initiated changes to previously
                                                   effective October 16, 1990 (55 FR                                 authorization. Regulatory revisions that                    authorized State provisions. (Note: in
                                                   33695); November 4, 1994, effective                               are less stringent than the Federal                         Table 2 some State provisions have no
                                                   November 4, 1994 (59 FR 55322);                                   program requirements and those                              direct Federal analog but are related to
                                                   February 29, 1996, effective April 29,                            regulatory revisions that are broader in                    particular paragraphs, sections, or parts
                                                   1996 (61 FR 7736); September 22, 1998,                            scope than the Federal program                              of the Federal hazardous waste
                                                   effective October 22, 1998 (63 FR                                 requirements are not authorized.                            regulations) The referenced analogous
                                                   50531); October 12, 1999, effective                               Washington’s authorized hazardous                           State authorities were State adopted and
                                                   January 11, 2000 (64 FR 55142); April                             waste management program, as                                effective as of December 31, 2014.
                                                                                 TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM
                                                                                                                                                                              Analogous State authority
                                                    Checklist 1            Federal requirements                  Federal Register                                              (WAC 173–303– * * *)

                                                   12 2 ............   Satellite Accumulation ..........   49 FR 49568, 12/20/1984 ....     200(2).
                                                   174 ............    Post-Closure Permit Require-        63 FR 56710, 10/22/1998 ....     645(1)(e); 800(12); 610(3)(a)(ix); 620(1)(d)(i); 610(3)(b)(ii)(D);
                                                                         ment and Closure Process.                                          610(8)(d)(ii)(D); 045(1); 400(3)(a); IBR 045(1); 800(2);
                                                                                                                                            806(4)(a); 806(4)(o).
                                                   206 ............    Nonwastewaters from Dyes            70 FR 9138, 2/24/2005 ........   071(3)(kk), 071(3)(kk)(i), 071(3)(kk)(ii), 071(3)(kk)(iii), 071(3)(kk)(iv), 071(3)(kk)(v); 9904,
                                                                        and Pigments.                                                       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).
                                                   220 2 ..........    Academic Laboratories Gen-          73 FR 72912, 12/1/2008 ......    070(7)(c)(vi), 070(7)(c)(vii); 170(7), 170(7)(a), 170(7)(b); 235, 235(1), 235(1)(a),
                                                                         erator Standards.                                                  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)(II), 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),
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                                                                                                                                            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),




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                                                                                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                                                            32307

                                                                      TABLE 1—EQUIVALENT AND MORE STRINGENT ANALOGUES TO THE FEDERAL PROGRAM—Continued
                                                                                                                                                                                               Analogous State authority
                                                    Checklist 1            Federal requirements                       Federal Register                                                          (WAC 173–303– * * *)

                                                                                                                                                       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)(II), 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 Requirements; Export                75 FR 1236, 1/8/2010 ..........         170(6); 230(1) IBR; 045(1); 240(11); 290(1)(b); 370(3), 370(7); 290(1)(b); 370(3),
                                                                       Shipments of Spent Lead-                                                        370(7); 520(1)(a) and (b).
                                                                       Acid Batteries.
                                                   223 2 ..........   Hazardous Waste Technical                75 FR 12989, 1/18/2010 ......           040 ‘‘New TSD facility’’ definition; 040 ‘‘Processed scrap metal’’ definition; 016 Table 1;
                                                                        Corrections and Clarifica-                                                     070(8)(a)(iii); 120(3), 120(3)(d); 090(7)(a)(viii); 9904; 9903; 082(4) IBR; 045(1);
                                                                        tions.                                                                         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 Laboratories Gen-               75 FR 79304, 12/20/2010 ....            235(1), 235(1)(b), 235(7)(b)(iii)(A), 235(13)(e)(i), 235(15)(a)(i), 235(15)(b)(i).
                                                                        erator Standards Technical
                                                                        Corrections.
                                                   227 ............   Revision of the Land Dis-                76 FR 34147, 6/13/2011 ......           140(2)(a) IBR; 045(1).
                                                                        posal Treatment Standards
                                                                        for Carbamate Wastes.
                                                   228 2 ..........   Hazardous Waste Technical                77 FR 22229, 4/13/2012 ......           9904; 505(1)(b)(i).
                                                                        Corrections and Clarifica-
                                                                        tions 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 anal-
                                                   ogous to the Federal regulations. For more information, see the EPA’s RCRA State Authorization Web site at https://www.epa.gov/rcra/state-authorization-under-re-
                                                   source-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 Gen-
                                                   eral Statement and Checklists found in the docket for this proposed rule. Some of the more stringent state provisions are discussed in Section G of this rule.

                                                                                                                             TABLE 2—STATE INITIATED CHANGES
                                                   State Citation                                                                                                                                                    Analogous Federal 40 CFR
                                                                                                            Reason for Change:
                                                   WAC 173–303– * * *                                                                                                                                                Citation

                                                   040 ..................................................   ‘‘Enforceable document’’ definition internal citations corrected: WAC                                    270.1(c)(7).
                                                                                                               173–303–610(1)(e); WAC 173–303–620(1)(d).
                                                   040 ..................................................   ‘‘Facility’’ definition internal citation corrected: RCW 70.105D.020(8) ..                               260.10.
                                                   040 ..................................................   ‘‘Performance track member facility’’ obsolete definition deleted .........                              260.10.
                                                   040 ..................................................   ‘‘Release’’       definition     internal     citation  corrected:          RCW                          280.12 related.
                                                                                                               70.105D.020(32).
                                                   045(1) ..............................................    Date of incorporation by reference updated ..........................................                    No direct analog.
                                                   070(1)(b) ..........................................     Language revised for equivalence with federal rule .............................                         262.11.
                                                   072(1)(b) ..........................................     Internal citation corrected: ‘‘described in subsections (3) and (4) of                                   260.20.
                                                                                                               this section.’’.
                                                   110(3)(a) ..........................................     SW–846 reference information updated ................................................                    260.11(c).
                                                   110(3)(c), 110(7) .............................          Updated Chemical Test Methods guidance and publication date ........                                     Related to 260.11 and 40 CFR
                                                                                                                                                                                                                       Appendix IX.
                                                   110(3)(g)(ix), 110(3)(h)(i),                             References to industry standards and codes updated .........................                             260.11(d) and (e).
                                                     110(3)(h)(vii).
                                                   170(3) ..............................................    Clarification that final facility standards are found in WAC 173–303–                                    264.1(g)(3) related.
                                                                                                               600.
                                                   180(3)(c) ..........................................     Redundant manifest instructions deleted (Previous (d), (e) and (f) are                                   262.23 related.
                                                                                                               renumbered to (c), (d) and (e)).
                                                   200(1)(b)(iv) .....................................      Requirement for independent qualified registered professional engi-                                      262.34(a)(1)(iv)—more    stringent
                                                                                                               neer (IQRPE).                                                                                           State requirement.
                                                   200(1)(b)(iv)(B) ................................        Second sentence of this citation was relocated to new 200(1)(g) to                                       262.34(a)(1)(iv)(B).
                                                                                                               clarify applicability to all generators.
                                                   200(2)(b), 200(3)(c) .........................           ‘‘Per waste stream’’ deleted for equivalence with federal rule ..............                            262.34(c).
                                                   200(4)(a)(iv)(A)(III) ..........................         Reminder added that facilities use an IQRPE to certify containment                                       262.34(g)(4)(i)(C)—more stringent
                                                                                                               building design.                                                                                        State requirement.
                                                   200(5) ..............................................    Requirements for National Environmental Performance Track Pro-                                           262.34(j), (k) and (l).
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                                                                                                               gram deleted (Previous (6) is renumbered to (5)).
                                                   240(6) ..............................................    Editing correction ...................................................................................   263.12 related—more      stringent
                                                                                                                                                                                                                       State requirement.
                                                   330(1)(d) ..........................................     Editing correction. The second sentence of previous (c)(ii) is changed                                   264.16(b).
                                                                                                               to (d), and (d) renumbered to (e).
                                                   370(1) ..............................................    ‘‘Owners and operators’’ clarified to mean the phrase applies only to                                    264.70(a).
                                                                                                               permitted facilities and dangerous waste recyclers.
                                                   380(1)(r) ..........................................     New sub-section: Certificates of major tank system repair added for                                      264.73(b)(19).
                                                                                                               equivalence with federal rule.



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                                                   32308                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                                                                                  TABLE 2—STATE INITIATED CHANGES—Continued
                                                   State Citation                                                                                                                                                     Analogous Federal 40 CFR
                                                                                                            Reason for Change:
                                                   WAC 173–303– * * *                                                                                                                                                 Citation

                                                   400(3)(c)(ii)(G) .................................       Enforceable documents in lieu of a post closure permit adopted .........                                  265.110(c), 265.118(c)(4) and
                                                                                                                                                                                                                        265.121.
                                                   400(3)(c)(xxii)(B) .............................         Reference to Performance Track member facilities deleted .................                                265.1101(c)(4).
                                                   400(3)(c)(xxii)(B) .............................         Rule is modified to add IQRPE requirement. ........................................                       265.1101(c)(3)(iii)—more stringent
                                                                                                                                                                                                                        State requirement.
                                                   573(9)(b)(ii)(A) .................................       Corrected for equivalence with federal rule ..........................................                    273.13(c)(2)(i).
                                                   573(19)(b)(iv) and (v) ......................            References to thermostat universal waste are removed, including in                                        273.32(b)(4) and (5)—more strin-
                                                                                                               the example calculation.                                                                                 gent State requirement
                                                   600(1) ..............................................    Edit to clarify which rules are the final facility standards ......................                       264.1(a).
                                                   600(2) ..............................................    Clarification on what types of facilities can accept dangerous waste                                      264.1(b).
                                                                                                               from off-site sources.
                                                   610(4)(c) ..........................................     Internal citations corrected for equivalence with federal rule ................                           264.113(c).
                                                   610(3)(a)(ix),             610(3)(b)(ii)(D),             Internal citation corrected ......................................................................        264.112(b)(8),    264.112(c)(2)(iv),
                                                     610(8)(d)(ii)(D).                                                                                                                                                  264.118(d)(2)(iv).
                                                   610(12)(f) .........................................     Editing correction ...................................................................................    No direct analog.
                                                   620(1)(d)(i) ......................................      Internal citation corrected ......................................................................        264.140(d)(1).
                                                   620(3)(a)(ii), 620(6)(a), 620(9)(a) ....                 Revise wording to be gender neutral ....................................................                  264.142(a)(2),            264.145,
                                                                                                                                                                                                                        264.148(a).
                                                   620(3)(a)(ii), 620(5)(a) .....................           Clarify that financial assurance cost estimates are performed by a                                        264.142(a)(2), 264.144(a)(1).
                                                                                                              third party.
                                                   620(3)(a)(v), 620(4)(g), 620(6)(c) ....                  Clarify that net present value adjustments are not allowed ..................                             262.142(a),             264.142(a),
                                                                                                                                                                                                                        264.144(a).
                                                   620(4)(a)(vi),                    620(4)(d)(iv),         Clarify that financial test and the corporate guarantee are two sepa-                                     264.143(f), 264.143(f), 264.145(f).
                                                     620(6)(a)(vi).                                           rate but related options.
                                                   620(4)(d)(iv),                    620(6)(a)(vi),         Minimum tangible net worth raised to $25M .........................................                       264.143(f)—more stringent State
                                                     620(8)(a)(iv).                                                                                                                                                     requirement.
                                                                                                                                                                                                                      264.145(f)—more stringent State
                                                                                                                                                                                                                        requirement.
                                                                                                                                                                                                                      264.147(f)—more stringent State
                                                                                                                                                                                                                        requirement.
                                                   620(4)(d)(v), 620(6)(a)(vii) ...............             ‘‘Agreed upon Procedures’’ report can be used in place of a ‘‘Nega-                                       264.143(f)(3)(iii), 264.143(f)(3)(iii).
                                                                                                               tive Assurance’’ report.
                                                   620(8)(a)(i) ......................................      Minimum financial assurance liability amounts increased. (Previous                                        264.147(a) and 264.147(b)—more
                                                                                                               (i), (ii) and (iii) are renumbered to (ii), (iii) and (iv)).                                             stringent State requirements.
                                                   630(7)(d) ..........................................     Clarify that rule applies to TSD owners and operators, not generators                                     264.175(d)—more stringent State
                                                                                                                                                                                                                        requirement.
                                                   640(2)(c)(v)(B) Note, 640(4)(i)(iii)                     References to industry standards and codes updated .........................                              264.191(b)(5)(ii)            Note,
                                                     Note, 640(9)(b).                                                                                                                                                   264.193(i)(3) Note.
                                                   645(1)(e) ..........................................     Rule for enforceable documents in lieu of a post closure permit, (pre-                                    264.90(e).
                                                                                                              vious (e) became (f)).
                                                   645(8)(c) ..........................................     Clarify rule applicability ..........................................................................     264.97(c)—more stringent State
                                                                                                                                                                                                                        requirement.
                                                   64620(5) ..........................................      New rules for corrective action financial assurance ..............................                        264.101 related—more stringent
                                                                                                                                                                                                                        State requirement.
                                                   64690 ..............................................     Facilities must use an IQRPE for staging pile design ...........................                          264.554 IBR, 045(1)—more strin-
                                                                                                                                                                                                                        gent State requirement.
                                                   650(4)(c) ..........................................     Facilities must use an IQRPE to certify dike integrity ...........................                        254.226(c)—more stringent State
                                                                                                                                                                                                                        requirement.
                                                   650(5)(d)(ii)(B) .................................       Facilities must use an IQRPE for impoundment design .......................                               254.227(d)(2)(ii)—more stringent
                                                                                                                                                                                                                        State requirement.
                                                   650(6)(b)(ii) ......................................     Internal citation corrected ......................................................................        264.228(b)(2).
                                                   665(2)(a)(i) ......................................      Facilities must use an IQRPE to certify report on basis for landfill liner                                264.301(a)(1)—more         stringent
                                                                                                               selection.                                                                                               State requirement.
                                                   800(2),      800(12),             806(4)(a),             Rules for enforceable documents in lieu of a post closure permit .......                                  270.1(c)      intro,   270.1(c)(7),
                                                     806(4)(o).                                                                                                                                                         270.14(a), 270.28.
                                                   806(4)(d)(v) .....................................       Facilities must use an IQRPE for certifying dike integrity .....................                          270.17(d)—more stringent State
                                                                                                                                                                                                                        requirement.
                                                   806(4)(e)(iii)(A)(I) .............................       Reference to IQRPE requirement to certify waste pile liner selection ..                                   270.18(c)(1)(i)—more       stringent
                                                                                                                                                                                                                        State requirement.
                                                   806(4)(h)(ii)(A)(I) .............................        Reference to IQRPE requirement to certify landfill liner selection ........                               270.21(b)(1)(i)—more       stringent
                                                                                                                                                                                                                        State requirement.
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                                                   806(4)(j)(iv)(C), 806(4)(k)(v)(C) .......                The word ‘‘design’’ is deleted after ‘‘basic control device’’ for equiva-                                 270.24(d)(3), 270.25(e)(3).
                                                                                                              lence with federal rule.
                                                   806(4)(n) ..........................................     New facilities added to list of those able to burn hazardous waste .....                                  270.22 intro.
                                                   811 ..................................................   New Boiler and Industrial Furnace (BIF) facility types added to list .....                                270.66 IBR 045(1).
                                                   830 Appendix I Permit modifica-                          New entry for ‘‘Burden Reduction’’ added .............................................                    270.42 Appendix I—more stringent
                                                     tions table.                                                                                                                                                       State requirement.
                                                   830 Appendix I, (F)(1)(c), (F)(4)(a),                    Note added acknowledging non-existent RCRA section ......................                                 270.42 Appendix I.
                                                     (G)(1)(e), (G)(5)(c), (H)(5)(C).
                                                   841 ..................................................   New Boiler and Industrial Furnace (BIF) facility types added to list .....                                270.235(a)(1) intro IBR 045(1).
                                                   9903 ................................................    Numerical P list ......................................................................................   261.33.



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                                                                                 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                                                      32309

                                                                                                             TABLE 2—STATE INITIATED CHANGES—Continued
                                                   State Citation                                                                                                                                          Analogous Federal 40 CFR
                                                                                                       Reason for Change:
                                                   WAC 173–303– * * *                                                                                                                                      Citation

                                                                                                       • P108 CAS number corrected (2 entries).
                                                                                                       • P114 Tetraethydithiopyrophosphate is replaced with Thallium(I)
                                                                                                          selinite.
                                                                                                       • P115 Thiodiphosphoric acid, tetraethyl ester is replaced with Sul-
                                                                                                          furic acid, dithallium(1+) salt.
                                                                                                       • P115 Plumbane, tetraethyl is replaced with Thallium(I) sulfate.
                                                                                                       • P116 Tetraethyl lead is replaced with Hydrazinecarbothioamide.
                                                                                                       • 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 Decem-
                                                                                                          ber 17, 2010 75 FR 78918 EPA rule removing saccharin from the
                                                                                                          discarded chemicals list. Although these changes are not State-ini-
                                                                                                          tiated, they are listed here because an EPA checklist was not
                                                                                                          available.
                                                   9904(1) K181 ..................................     K181 listing code codified ......................................................................   261.32(a) K181.
                                                   9904 K181 entry, 9904(1) K181(iv),                  Four internal citations corrected ............................................................      261.32(a)   K181,    261.32(d)(2),
                                                     9904(4)(b),                  9904(4)(c),                                                                                                                261.32(d)(3), 261.32(d)(3)(i) and
                                                     9904(4)(c)(i) and (ii).                                                                                                                                 (ii).
                                                   9904 K069 .......................................   Administrative stay note added .............................................................        261.32 K069.



                                                   G. Where are the revised state rules                               concerns that arise with certain                                      a. Satellite Accumulation—On
                                                   different from the Federal rules?                                  decisions. The EPA does not delegate                                December 20, 1984 (49 FR 49568), the
                                                      Under RCRA section 3009, the EPA                                import/export functions. Under RCRA                                 Federal Satellite Accumulation rule was
                                                   may not authorize State rules that are                             regulations found in 40 CFR part 262,                               promulgated. The State adopted a
                                                   less stringent than the Federal program.                           the EPA will continue to implement                                  satellite accumulation rule in 1986 and
                                                   Any state rules that are less stringent do                         requirements for import/export                                      adopted a revised rule on December 8,
                                                   not supplant the Federal regulations.                              functions. However, the State rules                                 1993. On December 18, 2014, the State
                                                   State rules that are broader in scope                              (WAC 173–303–230) reference the                                     adopted another revision to WAC 173–
                                                   than the Federal program requirements                              EPA’s export and import requirements,                               303–200(2) with all instances of ‘‘per
                                                   are allowed but are not authorized. State                          and the State has amended these                                     waste stream’’ removed for consistency
                                                   rules that are equivalent to, and State                            references to include those changes                                 with the Federal rule at 40 CFR
                                                   rules that are more stringent than the                             promulgated in the Federal Rule on                                  262.34(c). The State rule has an
                                                   Federal program may be authorized, in                              Corrections to Errors in the Code of                                additional provision for satellite
                                                   which case they are enforceable by the                             Federal Regulations (71 FR 40254, July,                             accumulation requirements whereby the
                                                   EPA.                                                               7, 2006). Additional information                                    State can require additional
                                                      This section does not discuss all the                           regarding the EPA’s analysis concerning                             management requirements on a case-by-
                                                   program differences, because in most                               the State’s rules that are more stringent                           case basis, which renders the State rule
                                                   instances Washington writes its own                                and/or broader in scope than the federal                            more stringent than the Federal rule.
                                                   version of the Federal hazardous waste                             rules can be found in the docket.                                   Additional details regarding the State’s
                                                   rules. Persons must consult Tables 1                                                                                                   adoption of the revised satellite
                                                   and 2, in Section F, for the specific State                        1. More Stringent                                                   accumulation rule are available in the
                                                   regulations that the EPA is proposing to                                                                                               docket.
                                                   authorize. This section discusses rules                               States are allowed to seek
                                                                                                                      authorization for state requirements that                             b. Academic Laboratory Generator
                                                   of particular interest where the EPA
                                                                                                                      are more stringent than Federal                                     Standards—The State’s Academic
                                                   proposes to find that the State program
                                                                                                                      requirements. The EPA has authority to                              Laboratories Generator Standards
                                                   is more stringent and will be authorized.
                                                   Table 2 above indicates all the rules that                         authorize and enforce those parts of a                              contain more stringent requirements
                                                   the EPA determined to be more                                      state’s program the EPA finds to be more                            than the corresponding Federal rules (73
                                                                                                                      stringent than the Federal program. This                            FR 72912, December 1, 2008).
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                                                   stringent than the federal rules. The
                                                   section below also discusses an example                            section does not discuss each more                                    i. WAC 173–303–235(4)(a), (4)(b)(ii),
                                                   of a rule where the State program is                               stringent finding made by the EPA, but                              (5)(a), and (5)(b)(ii), are more stringent
                                                   broader in scope and cannot be                                     persons can locate such findings by                                 because the State requires small
                                                   authorized. Certain portions of the                                consulting Table 1 in Section F, and by                             quantity generators to obtain EPA/state
                                                   Federal program are not delegable to the                           reviewing the docket for these rules.                               identification numbers, whereas the
                                                   states because of the Federal                                      This action proposes to authorize the                               Federal rules at 40 CFR 262.203(a) and
                                                   government’s special role in foreign                               State program for each more stringent                               (b)(ii) and 40 CFR 262.204(a) and (b)(2)
                                                   policy matters and because of national                             requirement.                                                        exempt the comparable Conditionally


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                                                   32310                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   Exempt Small Quantity Generators                         Hazardous Waste Technical Corrections                 earlier date, terminate the existing EPA
                                                   (CESQGs).                                                and Clarifications rules were                         permit, or allow the existing EPA permit
                                                      ii. WAC 173–303–235(4)(b) and (5)(b)                  promulgated. Under 40 CFR                             to otherwise expire by its terms, except
                                                   are more stringent than 40 CFR                           262.42(c)(2), the 35/45/60 day                        for those facilities located in Indian
                                                   262.203(b) and 262.204(b) introductory                   timeframes for exception reporting                    Country. The EPA will not issue new
                                                   paragraphs due to the State requirement                  begin the date the waste was accepted                 permits or new portions of permits for
                                                   for small quantity generators to                         by the initial transporter forwarding the             provisions for which Washington is
                                                   complete the entire Washington State                     hazardous waste from the designated                   authorized after the effective date of this
                                                   Dangerous Waste Site Identification                      facility to the alternate facility. The               authorization. The EPA will continue to
                                                   form, whereas the Federal rules exempt                   State rule at WAC 173–303–220(2)(e)(ii)               implement and issue permits for HSWA
                                                   CESQGs from filling in a site                            is more stringent because it does not                 requirements for which Washington is
                                                   identification number.                                   have a 60-day window for Medium                       not yet authorized.
                                                      iii. WAC 173–303–235(7)(a)(i),                        Quantity Generators (equivalent to
                                                   235(9)(d)(i)(A) and 235(9)(d)(ii)(A)                                                                           I. What is codification and is the EPA
                                                                                                            Federal Small Quantity Generators) to
                                                   require accumulation start dates and full                                                                      codifying Washington’s hazardous
                                                                                                            submit exception reports to the
                                                   container dates to be attached to the                                                                          waste program as authorized in this
                                                                                                            Washington State Department of
                                                   containers rather than, at a minimum,                                                                          proposed rule?
                                                                                                            Ecology. Additional details regarding
                                                   be associated with them as required by                   the more stringent State provisions                      Codification is the process of placing
                                                   40 CFR 262.206(a)(1) and                                 associated with Exception reports are                 the State’s statutes and regulations that
                                                   262.208(d)(1)(i).                                        available in the docket.                              comprise the State’s authorized
                                                      iv. WAC 173–303–235(14)(a)(iv)                           e. Independent Qualified Registered                hazardous waste program into the Code
                                                   requires eligible academic entities to                   Professional Engineers—On December                    of Federal Regulations. This is done by
                                                   maintain records for five years after                    18, 2014, the State adopted rule changes              referencing the authorized State rules in
                                                   laboratory cleanouts rather than three                   to require Independent Qualified                      40 CFR part 272. The EPA is reserving
                                                   years as required in 40 CFR                              Registered Professional Engineers                     the amendment of 40 CFR part 272,
                                                   262.213(a)(4).                                           (IQRPEs) to certify certain activities.               subpart WW for this authorization of
                                                      On December 12, 2010 (75 FR 79304),                   The revised State rules at WAC 173–                   Washington’s program revisions until a
                                                   the Federal Academic Laboratories                        303–200(1)(b)(iv), 200(4)(a)(iv)(A)(III),             later date.
                                                   Generator Standards Technical                            400(3)(c)(xxii)(B), 64690, 650(4)(c),
                                                   Corrections rules were promulgated.                                                                            J. How does today’s action affect Indian
                                                                                                            650(5)(d)(ii)(B), 665(2)(a)(i), 806(4)(d)(v),         Country (18 U.S.C. 1151) in
                                                   The State’s rules at WAC 173–303–                        806(4)(e)(iii)(A)(I), and 806(4)(h)(ii)(A)(I)
                                                   235(15)(a)(i) and (b)(i) are more                                                                              Washington?
                                                                                                            are more stringent than corresponding
                                                   stringent than the Federal rules because                 Federal rules at 40 CFR 262.34(a)(1)(iv),                The EPA’s proposed decision to
                                                   they require the accumulation date to                    262.34(g)(4)(i)(C), 265.1101(c)(3)(iii),              authorize the Washington hazardous
                                                   appear on the container label, whereas                   264.554 (IBR, 045(1)), 264.226(c),                    waste management program does not
                                                   the Federal rules at 40 CFR                              264.227(d)(2)(ii), 264.301(a)(1),                     include any land that is, or becomes
                                                   262.214(a)(1) and (b)(1) allow the                       270.17(d), 270.18(c)(1)(i), and                       after the date of this authorization,
                                                   information to be associated with, but                   270.21(b)(1)(i). Additional details                   ‘‘Indian Country,’’ as defined in 18
                                                   not necessarily placed on, the container.                regarding the more stringent State                    U.S.C. 1151, with the exception of the
                                                   Additional details regarding the more                    provisions associated with IQRPE                      non-trust lands within the exterior
                                                   stringent State provisions associated                    requirements are available in the docket.             boundaries of the Puyallup Indian
                                                   with the State’s adoption of the Federal                                                                       Reservation (also referred to as the
                                                   Academic Laboratories Generator                          2. Broader in Scope                                   ‘‘1873 Survey Area’’ or ‘‘Survey Area’’)
                                                   Standards are available in the docket.                      The State has added a time limit for               located in Tacoma, Washington. The
                                                      c. Characteristic of Reactivity—On                    special wastes that are stored at transfer            EPA retains jurisdiction over ‘‘Indian
                                                   January 31, 1986 (51 FR 3782), the State                 stations under WAC 173–303–                           Country’’. Effective October 22, 1998 (63
                                                   received authorization for its dangerous                 073(2)(e)(v) in this rule proposal. The               FR 50531, September 22, 1998) the State
                                                   waste identification rules including                     federal rules do not regulate these                   of Washington was authorized to
                                                   WAC 173–303–090(7) Characteristic of                     special wastes which are state only                   implement the State’s federally-
                                                   reactivity. On January 18, 2010 (75 FR                   wastes and defined at WAC 173–303–                    authorized hazardous waste
                                                   12989), the Federal rule at 40 CFR                       040; therefore, the regulation of these               management program on the non-trust
                                                   261.23(a)(8) was revised to update the                   wastes is broader in scope than the                   lands within the 1873 Survey Area of
                                                   forbidden explosives regulation under                    federal rules. As noted above, broader in             the Puyallup Indian Reservation. The
                                                   40 CFR 261.23 Characteristic of                          scope rules are not authorized by the                 authorization did not extend to trust
                                                   reactivity. The State revised the                        EPA.                                                  lands within the reservation. The EPA
                                                   corresponding WAC 173–303–                                                                                     retains its authority to implement RCRA
                                                   090(7)(a)(viii), but included Division 1.5               H. Who issues permits after the
                                                                                                                                                                  on trust lands and over Indians and
                                                   explosives (refer to the US Department                   authorization takes effect?
                                                                                                                                                                  Indian activities within the 1873 Survey
                                                   of Transportation Hazardous Materials                       Washington will continue to issue                  Area.
                                                   Class 1 explosives chart) not included in                permits for all the provisions for which
                                                                                                                                                                  K. Statutory and Executive Order
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                                                   the Federal rule. As a result, the State’s               it is authorized and will administer the
                                                   rule is more stringent than the Federal                  permits it issues. Permits issued by EPA              Reviews
                                                   rule. Additional details regarding the                   prior to authorizing Washington for                     This proposed rule seeks to revise the
                                                   more stringent State provisions                          these revisions would continue in force               State of Washington’s authorized
                                                   associated with forbidden explosives                     until the effective date of the State’s               hazardous waste management program
                                                   under the characteristic of reactivity                   issuance or denial of a State hazardous               pursuant to section 3006 of RCRA and
                                                   rule are available in the docket.                        waste management permit, at which                     imposes no requirements other than
                                                      d. Exception Reporting—On January                     time, the EPA would modify the                        those currently imposed by State law.
                                                   18, 2010 (75 FR 12989), the Federal                      existing EPA permit to expire at an                   This proposed rule complies with


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                                                                            Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules                                          32311

                                                   applicable executive orders and                            An agency may not conduct or                        of the UMRA generally requires the EPA
                                                   statutory provisions as follows:                         sponsor, and a person is not required to              to identify and consider a reasonable
                                                                                                            respond to, a collection of information               number of regulatory alternatives and
                                                   1. Executive Order 12866
                                                                                                            unless it displays a currently valid OMB              adopt the least costly, most cost-
                                                      Under Executive Order (EO) 12866                      control number. The OMB control                       effective or least burdensome alternative
                                                   (58 FR 51735, October 4, 1993), the                      numbers for the EPA’s regulations in                  that achieves the objectives of the rule.
                                                   Agency must determine whether the                        Title 40 of the CFR are listed in 40 CFR              The provisions of section 205 do not
                                                   regulatory action is ‘‘significant’’, and                part 9.                                               apply when they are inconsistent with
                                                   therefore subject to OMB review and the                  3. Regulatory Flexibility Act                         applicable law. Moreover, section 205
                                                   requirements of the EO. The EO defines                                                                         allows the EPA to adopt an alternative
                                                   ‘‘significant regulatory action’’ as one                    The Regulatory Flexibility Act (RFA),
                                                                                                                                                                  other than the least costly, most cost-
                                                   that is likely to result in a rule that may:             generally requires Federal agencies to
                                                                                                                                                                  effective, or least burdensome
                                                   (1) Have an annual effect on the                         prepare a regulatory flexibility analysis
                                                                                                                                                                  alternative if the Administrator
                                                   economy of $100 million or more, or                      of any rule subject to notice and
                                                                                                            comment rulemaking requirements                       publishes with the rule an explanation
                                                   adversely affect in a material way, the                                                                        why the alternative was not adopted.
                                                   economy, a sector of the economy,                        under the Administrative Procedure Act
                                                                                                            or any other statute unless the agency                Before the EPA establishes any
                                                   productivity, competition, jobs, the                                                                           regulatory requirements that may
                                                   environment, public health or safety, or                 certifies that the rule will not have a
                                                                                                            significant economic impact on a                      significantly or uniquely affect small
                                                   State, local, or tribal governments or                                                                         governments, including tribal
                                                   communities; (2) create a serious                        substantial number of small entities.
                                                                                                            Small entities include small businesses,              governments, it must have developed
                                                   inconsistency or otherwise interfere                                                                           under Section 203 of the UMRA a small
                                                   with an action taken or planned by                       small organizations, and small
                                                                                                            governmental jurisdictions. For                       government agency plan. The plan must
                                                   another agency; (3) materially alter the                                                                       provide for notifying potentially
                                                   budgetary impact of entitlements,                        purposes of assessing the impacts of
                                                                                                            today’s proposed rule on small entities,              affected small governments, enabling
                                                   grants, user fees, or loan programs, or                                                                        officials of affected small governments
                                                                                                            small entity is defined as: (1) A small
                                                   the rights and obligations of recipients                                                                       to have meaningful and timely input in
                                                                                                            business defined by the Small Business
                                                   thereof; or (4) raise novel legal or policy
                                                                                                            Administration’s size regulations at 13               the development of the EPA regulatory
                                                   issues arising out of legal mandates, the
                                                                                                            CFR part 121.201; (2) a small                         proposals with significant Federal
                                                   President’s priorities, or the principles
                                                                                                            governmental jurisdiction that is a                   intergovernmental mandates, and
                                                   set forth in the EO. The EPA has
                                                                                                            government of a city, county, town,                   informing, educating, and advising
                                                   determined that this proposed rule is
                                                                                                            school district, or special district with a           small governments on compliance with
                                                   not a ‘‘significant regulatory action’’
                                                                                                            population of less than 50,000; and (3)               the regulatory requirements. Today’s
                                                   under the terms of EO 12866 and is
                                                                                                            a small organization that is any not-for-             proposed rule contains no Federal
                                                   therefore not subject to OMB review.                     profit enterprise which is independently              mandates (under the regulatory
                                                   2. Paperwork Reduction Act                               owned and operated and is not                         provisions of Title II of the UMRA) for
                                                                                                            dominant in its field. I certify that this            State, local, or tribal governments or the
                                                      This proposed action does not impose                  proposed rule will not have a significant             private sector. It imposes no new
                                                   an information collection burden under                   economic impact on a substantial
                                                   the provisions of the Paperwork                                                                                enforceable duty on any State, local or
                                                                                                            number of small entities because the                  tribal governments or the private sector.
                                                   Reduction Act, 44 U.S.C. 3501 et seq.,                   proposed rule will only have the effect
                                                   because this proposed rule does not                                                                            Similarly, the EPA has also determined
                                                                                                            of authorizing pre-existing requirements              that this proposed rule contains no
                                                   establish or modify any information or                   under State law and imposes no
                                                   recordkeeping requirements for the                                                                             regulatory requirements that might
                                                                                                            additional requirements beyond those                  significantly or uniquely affect small
                                                   regulated community and only seeks to                    imposed by State law. The EPA
                                                   authorize the pre-existing requirements                                                                        government entities. Thus, today’s
                                                                                                            continues to be interested in the                     proposed rule is not subject to the
                                                   under State law and imposes no                           potential impacts of the proposed rule
                                                   additional requirements beyond those                                                                           requirements of Sections 202 and 203 of
                                                                                                            on small entities and welcomes                        the UMRA.
                                                   imposed by State law.                                    comments on issues related to such
                                                      Burden means the total time, effort, or               impacts.                                              5. Executive Order 13132: Federalism
                                                   financial resources expended by persons
                                                   to generate, maintain, retain, or disclose               4. Unfunded Mandates Reform Act                          This proposed rule does not have
                                                   or provide information to or for a                          Title II of the Unfunded Mandates                  federalism implications. It will not have
                                                   Federal agency. This includes the time                   Reform Act (UMRA) of 1995 (Pub. L.                    substantial direct effects on the states,
                                                   needed to review instructions; develop,                  104–4) establishes requirements for                   on the relationship between the national
                                                   acquire, install, and utilize technology                 Federal agencies to assess the effects of             government and the states, or on the
                                                   and systems for the purposes of                          their regulatory actions on State, local,             distribution of power and
                                                   collecting, validating, and verifying                    and tribal governments and the private                responsibilities among various levels of
                                                   information, processing, and                             sector. Under section 202 of the UMRA,                government, as specified in EO 13132
                                                   maintaining information, and disclosing                  the EPA generally must prepare a                      (64 FR 43255, August 10, 1999). This
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   and providing information; adjust the                    written statement, including a cost-                  rule proposes to authorize pre-existing
                                                   existing ways to comply with any                         benefit analysis, for proposed and final              State rules. Thus, EO 13132 does not
                                                   previously applicable instructions and                   rules with ‘‘Federal mandates’’ that may              apply to this proposed rule. In the spirit
                                                   requirements; train personnel to be able                 result in expenditures to State, local,               of EO 13132, and consistent with the
                                                   to respond to a collection of                            and tribal governments, in the aggregate,             EPA policy to promote communications
                                                   information; search data sources;                        or to the private sector, of $100 million             between the EPA and State and local
                                                   complete and review the collection of                    or more in any one year. Before                       governments, the EPA specifically
                                                   information; and transmit or otherwise                   promulgating an EPA rule for which a                  solicits comment on this proposed rule
                                                   disclose the information.                                written statement is needed, Section 205              from State and local officials.


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                                                   32312                    Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Proposed Rules

                                                   6. Executive Order 13175: Consultation                   considering the use of any voluntary                  ACTION: Denial of petitions for addition
                                                   and Coordination With Indian Tribal                      consensus standards.                                  of health conditions.
                                                   Governments
                                                                                                            10. Executive Order 12898: Federal                    SUMMARY:    On February 22, 2017, the
                                                      Executive Order 13175, entitled                       Actions To Address Environmental                      Administrator of the World Trade
                                                   ‘‘Consultation and Coordination with                     Justice in Minority Populations and                   Center (WTC) Health Program received
                                                   Indian Tribal Governments’’ (59 FR                       Low-Income Populations                                a petition (Petition 016) to add
                                                   22951, November 9, 2000), requires the                                                                         Parkinson’s disease and parkinsonism,
                                                                                                              Executive Order 12898 (59 FR 7629,
                                                   EPA to develop an accountable process                                                                          including manganese-induced
                                                                                                            February 16, 1994) establishes federal
                                                   to ensure ‘‘meaningful and timely input                                                                        parkinsonism, to the List of WTC-
                                                                                                            executive policy on environmental
                                                   by tribal officials in the development of                                                                      Related Health Conditions (List). On
                                                                                                            justice. Its main provision directs
                                                   regulatory policies that have tribal                                                                           May 10, 2017, the Administrator
                                                                                                            federal agencies, to the greatest extent
                                                   implications.’’ This proposed rule does                                                                        received a second petition (Petition 017)
                                                                                                            practicable and permitted by law, to
                                                   not have tribal implications, as specified                                                                     to add the same health conditions to the
                                                                                                            make environmental justice part of their
                                                   in EO 13175 because the EPA retains its                                                                        List. Upon reviewing the scientific and
                                                                                                            mission by identifying and addressing,
                                                   authority over Indian Country. Thus, EO                                                                        medical literature, including
                                                                                                            as appropriate, disproportionately high
                                                   13175 does not apply to this proposed
                                                                                                            and adverse human health or                           information provided by the two
                                                   rule. The EPA specifically solicits
                                                                                                            environmental effects of their programs,              petitioners, the Administrator has
                                                   additional comment on this proposed
                                                                                                            policies, and activities on minority                  determined that the available evidence
                                                   rule from tribal officials.
                                                                                                            populations and low-income                            does not have the potential to provide
                                                   7. Executive Order 13045: Protection of                  populations in the United States. The                 a basis for a decision on whether to add
                                                   Children From Environmental Health                       EPA has determined that this proposed                 Parkinson’s disease and/or
                                                   and Safety Risks                                         rule will not have disproportionately                 parkinsonism, including manganese-
                                                      The EPA interprets Executive Order                    high and adverse human health or                      induced parkinsonism, to the List. The
                                                   13045 (62 FR 19885, April 23, 1997) as                   environmental effects on minority or                  Administrator also finds that
                                                   applying only to those regulatory                        low-income populations. This proposed                 insufficient evidence exists to request a
                                                   actions that concern health or safety                    rule does not affect the level of                     recommendation of the WTC Health
                                                   risks, such that the analysis required                   protection provided to human health or                Program Scientific/Technical Advisory
                                                   under section 5–501 of the EO has the                    the environment because this rule                     Committee (STAC), to publish a
                                                   potential to influence the regulation.                   proposes to authorize pre-existing State              proposed rule, or to publish a
                                                   This action is not subject to EO 13045                   rules which are equivalent to, and no                 determination not to publish a proposed
                                                   because it proposes to approve a state                   less stringent than existing federal                  rule.
                                                   program.                                                 requirements.                                         DATES: The Administrator of the WTC
                                                                                                            List of Subjects in 40 CFR Part 271                   Health Program is denying these
                                                   8. Executive Order 13211: Actions That                                                                         petitions for the addition of health
                                                   Significantly Affect Energy Supply,                        Environmental protection,
                                                                                                                                                                  conditions as of July 13, 2017.
                                                   Distribution, or Use                                     Administrative practice and procedure,
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                      This proposed rule is not subject to                  Confidential business information,
                                                                                                            Hazardous materials transportation,                   Rachel Weiss, Program Analyst, 1090
                                                   Executive Order 13211, ‘‘Actions                                                                               Tusculum Avenue, MS: C–46,
                                                   Concerning Regulations that                              Hazardous waste, Indians-lands,
                                                                                                            Intergovernmental relations, Penalties,               Cincinnati, OH 45226; telephone (855)
                                                   Significantly Affect Energy Supply,                                                                            818–1629 (this is a toll-free number);
                                                   Distribution, or Use’’ (66 FR 28355, May                 Reporting and recordkeeping
                                                                                                            requirements.                                         email NIOSHregs@cdc.gov.
                                                   22, 2001) because it is not a ‘‘significant                                                                    SUPPLEMENTARY INFORMATION:
                                                   regulatory action’’ as defined under EO                    Authority: This proposed action is issued
                                                   12866.                                                   under the authority of sections 2002(a), 3006,        Table of Contents
                                                                                                            and 7004(b) of the Solid Waste Disposal Act,
                                                   9. National Technology Transfer and                      as amended, 42 U.S.C. 6912(a), 6926, and              A. WTC Health Program Statutory Authority
                                                   Advancement Act                                          6974(b).                                              B. Petition 016 and Petition 017
                                                                                                                                                                  C. Review of Scientific and Medical
                                                      Section 12(d) of the National                          Dated: May 31, 2017.
                                                                                                                                                                      Information and Administrator
                                                   Technology Transfer and Advancement                      Michelle Pirzadeh,                                        Determination
                                                   Act of 1995 (‘‘NTTAA’’), (Pub. L. 104–                   Acting Regional Administrator, Region 10.             D. Administrator’s Final Decision on
                                                   113, 12(d)) (15 U.S.C. 272), directs the                 [FR Doc. 2017–14733 Filed 7–12–17; 8:45 am]               Whether to Propose the Addition of
                                                   EPA to use voluntary consensus                           BILLING CODE 6560–50–P
                                                                                                                                                                      Parkinson’s Disease and/or
                                                   standards in its regulatory activities                                                                             Parkinsonism, Including Manganese-
                                                   unless to do so would be inconsistent                                                                              Induced Parkinsonism, to the List
                                                   with applicable law or otherwise                                                                               E. Approval to Submit Document to the
                                                                                                            DEPARTMENT OF HEALTH AND                                  Office of the Federal Register
                                                   impractical. Voluntary consensus
                                                                                                            HUMAN SERVICES
                                                   standards are technical standards (e.g.,                                                                       A. WTC Health Program Statutory
                                                   materials specifications, test methods,                  42 CFR Part 88                                        Authority
                                                   sampling procedures, and business
                                                                                                            [NIOSH Docket 094]                                      Title I of the James Zadroga 9/11
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   practices) that are developed or adopted
                                                   by voluntary consensus bodies. The                                                                             Health and Compensation Act of 2010
                                                                                                            World Trade Center Health Program;                    (Pub. L. 111–347, as amended by Pub.
                                                   NTTAA directs the EPA to provide
                                                                                                            Petitions 016 and 017—Parkinson’s                     L. 114–113), added Title XXXIII to the
                                                   Congress, through OMB, explanations
                                                                                                            Disease and Parkinsonism, Including                   Public Health Service (PHS) Act,1
                                                   when the Agency decides not to use
                                                                                                            Manganese-Induced Parkinsonism;
                                                   available and applicable voluntary
                                                                                                            Finding of Insufficient Evidence                        1 Title XXXIII of the PHS Act is codified at 42
                                                   consensus standards. This proposed                                                                             U.S.C. 300mm to 300mm-61. Those portions of the
                                                   rulemaking does not involve technical                    AGENCY: Centers for Disease Control and               James Zadroga 9/11 Health and Compensation Act
                                                   standards. Therefore, the EPA is not                     Prevention, HHS.                                      of 2010 found in Titles II and III of Public Law 111–



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Document Created: 2017-07-13 01:00:29
Document Modified: 2017-07-13 01:00:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on this proposed rule must be received by August 14, 2017.
ContactBarbara 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] or from the Washington State Department of Ecology, 300 Desmond Drive, Lacey, Washington 98503, contact: Robert Rieck, phone number: (360) 407-6751, email: [email protected]
FR Citation82 FR 32305 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Materials Transportation; Hazardous Waste; Indians-Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements

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