83 FR 10383 - Washington: Authorization of State Hazardous Waste Management Program Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 47 (March 9, 2018)
Federal Register Volume 83, Issue 47 (March 9, 2018)
| Page Range | 10383-10390 | |
| FR Document | 2018-04702 |
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)] [Rules and Regulations] [Pages 10383-10390] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04702] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R10-RCRA-2017-0285; FRL-9974-35-Region 10] Washington: Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final authorization. ----------------------------------------------------------------------- SUMMARY: Washington applied to the Environmental Protection Agency (EPA) for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA). The EPA reviewed Washington's application, and has determined that these changes satisfy all requirements needed to qualify for final authorization. The EPA sought public comment under Docket number EPA- R10-RCRA-2017-0285 from July 13, 2017 to August 14, 2017 and from September 25, 2017 to October 25, 2017, prior to taking this final action to authorize these changes. The EPA received one comment which was responded to but was not applicable to this authorization action. DATES: This final authorization is effective April 9, 2018. FOR FURTHER INFORMATION CONTACT: Barbara McCullough, U.S. Environmental Protection Agency, Region 10, Office of Air and Waste (OAW-150), 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: (206) 553-2416, email: [email protected]. SUPPLEMENTARY INFORMATION: A. Why are revisions to State programs necessary? States that have received final authorization from the EPA pursuant to Section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, states must change their programs and ask the EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to the EPA's regulations in title 40 of the Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279. Washington State's hazardous waste management program was initially approved on January 30, 1986 and became effective on January 31, 1986. As explained in Section E below, it has been revised and reauthorized numerous times since then. On January 26, 2017, the EPA received the State's most recent authorization revision application. This authorization revision application requested federal authorization for Washington's Rules and Standards for Hazardous Waste, effective as of December 31, 2014, and sought to revise its federally-authorized hazardous waste management program to include Federal hazardous waste regulations promulgated through July 1, 2013. B. What decisions has the EPA made in this authorization? The EPA has reviewed Washington's application to revise its authorized program and has determined that it meets all the statutory and regulatory requirements established by RCRA. Therefore, the EPA is granting Washington final authorization to operate its hazardous waste program with the changes described in the authorization revision application. Washington will continue to have responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian country (18 U.S.C. 1151)) with the exception of the non-trust lands within the exterior boundaries of the Puyallup Indian Reservation (also referred to as the ``1873 Survey Area'' or ``Survey Area'') located in Tacoma, Washington (see Section J below for full description) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that the EPA promulgates under the authority of HSWA, and which are not less stringent than existing requirements, take effect in authorized states before the states are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Washington, including issuing permits, until the State is granted authorization to do so. C. What is the effect of this authorization decision? A person in Washington subject to RCRA must comply with the authorized State requirements in lieu of the corresponding Federal requirements. Additionally, such persons will have to comply with any applicable Federal requirements, such as HSWA regulations issued by the EPA for which the State has not received authorization and RCRA requirements that are not supplanted by authorized State-issued requirements. Washington continues to have enforcement responsibilities under its State hazardous waste management program for violations of this program, but the EPA retains its authority under [[Page 10384]] RCRA Sections 3007, 3008, 3013, and 7003, which includes, among others, the authority to:Conduct inspections; Require monitoring, tests, analyses, or reports; Suspend, terminate, modify, or revoke permits; Abate conditions that may present an imminent and substantial endangerment to human health and the environment; and Enforce RCRA requirements and take enforcement actions regardless of whether the State has taken its own actions. The action to approve these revisions will not impose additional requirements on the regulated community because the regulations for which Washington has requested federal authorization are already effective under State law and are not changed by the act of authorization. D. What were the comments received on this authorization action? The EPA received one comment during the public comment periods of this action. That commenter requested the regulations not be authorized as they add State administrative burden to a CERCLA site. However, the authorization of these regulations do not impact the State's authority to implement its rules. This authorization action allows the EPA to implement the State of Washington's rules which were adopted on December 31, 2014. This comment should have been addressed to the State prior to the adoption of their rule package. No such comment was received. The concern raised in this comment was referred to the State to be addressed. For a copy of the specific comment received, please see Docket number EPA-R10-RCRA-2017-0285 under ``Comment1'' at www.regulations.gov. E. What has Washington previously been authorized for? Washington initially received final authorization on January 30, 1986, effective January 31, 1986 (51 FR 3782), to implement the State's hazardous waste management program. The EPA granted authorization for changes to Washington's program on September 22, 1987, effective on November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16, 1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR 55322); February 29, 1996, effective April 29, 1996 (61 FR 7736); September 22, 1998, effective October 22, 1998 (63 FR 50531); October 12, 1999, effective January 11, 2000 (64 FR 55142); April 11, 2002, effective April 11, 2002 (67 FR 17636); April 14, 2006, effective June 13, 2006 (71 FR 19442); October 30, 2006 effective December 29, 2006 (71 FR 63253) and June 18, 2010 effective July 28, 2010 (75 FR 44144). F. What changes is the EPA authorizing with this action? The EPA is authorizing revisions to Washington's authorized program described in Washington's official program revision application, submitted to the EPA on January 26, 2017 and deemed complete by the EPA on February 23, 2017. The EPA has determined that Washington's hazardous waste management program revisions as described in the January 23, 2017 State's authorization revision application satisfy the requirements necessary to qualify for final authorization. Regulatory revisions that are less stringent than the Federal program requirements and those regulatory revisions that are broader in scope than the Federal program requirements are not authorized. Washington's authorized hazardous waste management program, as amended by these provisions, remains equivalent to, consistent with, and is no less stringent than the Federal RCRA program. Therefore, the EPA is authorizing the State for the following program changes as identified in Table 1 and Table 2 below. The provisions listed in Table 1 and Table 2 are from the Washington Administrative Code (WAC) and are analogous to the RCRA regulations as indicated in the Tables. The RCRA regulations that the State incorporated by reference are those as published in 40 CFR parts 260 through 265, 268, 270, and 279, as of July 1, 2013, unless otherwise noted. Table 1 identifies new State rules that the EPA is authorizing as equivalent or more stringent than the Federal program. Table 2 identifies State-initiated changes to previously authorized State provisions. (Note: In Table 2 some State provisions have no direct Federal analog but are related to particular paragraphs, sections, or parts of the Federal hazardous waste regulations.) The referenced analogous State authorities were State adopted and effective as of December 31, 2014. Table 1--Equivalent and More Stringent Analogues to the Federal Program ------------------------------------------------------------------------ Analogous State Checklist \1\ Federal Federal Register authority (WAC 173- requirements 303-* * *) ------------------------------------------------------------------------ 12 \2\........ Satellite 49 FR 49568, 12/ 200(2). Accumulation. 20/1984. 174........... Post-Closure 63 FR 56710, 10/ 645(1)(e); 800(12); Permit 22/1998. 610(3)(a)(ix); Requirement and 620(1)(d)(i); Closure Process. 610(3)(b)(ii)(D); 610(8)(d)(ii)(D); 045(1); 400(3)(a); IBR 045(1); 800(2); 806(4)(a); 806(4)(o). 206........... Nonwastewaters 70 FR 9138, 2/24/ 071(3)(kk), from Dyes and 2005. 071(3)(kk)(i), Pigments. 071(3)(kk)(ii), 071(3)(kk)(iii), 071(3)(kk)(iv), 071(3)(kk)(v); 9904, 9904(1), 9904(2), 9904(3), 9904(4), 9904(4)(a), 9904(4)(b), 9904(4)(b)(i), 9904(4)(b)(ii), 9904(4)(b)(iii), 9904(4)(b)(iv), 9904(4)(b)(iv)(A), 9904(4)(b)(iv)(B), 9904(4)(b)(iv)(C), 9904(4)(c), 9904(4)(c)(i), 9904(4)(c)(ii), 9904(4)(c)(iii), 9904(4)(c)(iii)(A), 9904(4)(c)(iii)(B), 9904(4)(c)(iii)(C), 9904(4)(c)(iii)(D), 9904(4)(c)(iv), 9904(4)(c)(iv)(A), 9904(4)(c)(iv)(B), 9904(4)(c)(v), 9904(4)(c)(vi), 9904(4)(c)(vii), 9904(4)(c)(viii), 9904(4)(c)(ix), 9904(4)(c)(x), 9904(4)(c)(x)(A), 9904(4)(c)(x)(B), 9904(4)(c)(x)(C), 9904(4)(c)(x)(D), 9904(4)(c)(xi), 9904(4)(c)(xi)(A), 9904(4)(c)(xi)(B), 9904(4)(c)(xi)(C), 9904(4)(d), 9904(4)(e); 082(4); 045(1); 9905; 140(2)(a) IBR; 045(1). [[Page 10385]] 220 \2\....... Academic 73 FR 72912, 12/ 070(7)(c)(vi), Laboratories 1/2008. 070(7)(c)(vii); Generator 170(7), 170(7)(a), Standards. 170(7)(b); 235, 235(1), 235(1)(a), 235(1)(b), 235(1)(c), 235(1)(d), 235(1)(e), 235(1)(f), 235(1)(g), 235(1)(h), 235(1)(i), 235(1)(j) and (k), 235(1)(l), 235(1)(m), 235(1)(n), 235(2), 235(2)(a), 235(2)(b); 225(3), 225(3)(a), 225(3)(b); 235(4), 235(4)(a), 235(4)(b), 235(4)(b)(i), 235(4)(b)(ii), 235(4)(b)(iii), 235(4)(b)(iv), 235(4)(b)(v), 235(4)(b)(vi), 235(4)(b)(vii), 235(4)(b)(viii), 235(4)(b)(ix), 235(4)(b)(x), 235(4)(b)(xi), 235(4)(c), 235(4)(d), 235(4)(e), 235(5)(a), 235(5)(b), 235(5)(b)(i), 235(5)(b)(ii), 235(5)(b)(iii), 235(5)(b)(iv), 235(5)(b)(v), 235(5)(b)(vi), 235(5)(b)(vii), 235(5)(b)(viii), 235(5)(b)(ix), 235(5)(b)(x), 235(5)(b)(xi), 235(5)(c), 235(6), 235(6), 235(7), 235(7), 235(7)(a), 235(7)(a)(i), 235(7)(a)(i)(A), 235(7)(a)(i)(C), 235(7)(a)(i)(B), 235(7)(a)(i)(C)(I), 235(7)(a)(i)(C)(II) , 235(7)(a)(ii), 235(7)(a)(ii), 235(7)(a)(ii)(A), 235(7)(a)(ii)(B), 235(7)(a)(ii)(C), 235(7)(b), 235(7)(b)(i), 235(7)(b)(ii), 235(7)(b)(iii), 235(7)(b)(iii)(A), 235(7)(b)(iii)(B), 235(7)(b)(iii)(C), 235(7)(b)(iii)(C)(I ), 235(7)(b)(iii)(C)(I I), 235(8), 235(8), 235(8)(a), 235(8)(b), 235(8)(b)(i), 235(8)(b)(ii), 235(8)(b)(iii), 235(8)(b)(iv), 235(8)(b)(v), 235(8)(c), 235(8)(c)(i), 235(8)(c)(ii), 235(8)(c)(iii), 235(8)(c)(iv), 235(8)(d), 235(8)(d)(i), 235(8)(d)(ii), 235(9), 235(9)(a), 235(9)(a)(i), 235(9)(a)(ii), 235(9)(b), 235(9)(c), 235(9)(d), 235(9)(d)(i), 235(9)(d)(i)(A), 235(9)(d)(i)(B), 235(9)(d)(ii), 235(9)(d)(ii)(A), 235(9)(d)(ii)(B), 235(10), 235(10)(a), 235(10)(a)(i), 235(10)(a)(ii), 235(10)(a)(iii), 235(10)(b), 235(11), 235(11), 235(11)(a), 235(11)(b), 235(11)(b)(i), 235(11)(b)(ii), 235(11)(b)(iii), 235(11)(c), 235(11)(d), 235(11)(d)(i), 235(11)(d)(ii), 235(11)(e), 235(12), 235(12), 235(12)(a), 235(12)(b), 235(12)(c) except for ``WAC 173-303- 200(1)(b)(i)'' citation, 235(12)(d), 235(12)(e), 235(12)(e)(i), 235(12)(e)(ii), 235(12)(e)(iii), 235(12)(e)(iv), 235(13), 235(13), 235(13)(a), 235(13)(b), 235(13)(c), 235(13)(d), 235(13)(e), 235(13)(e)(i), 235(13)(e)(ii), 235(13)(e)(iii), 235(13)(e)(iv), 235(14), 235(14)(a), 235(14)(a)(i), 235(14)(a)(ii), 235(14)(a)(iii) except for the phrase ``, more than 2.2 pounds of WT01 EHW'', 235(14)(a)(iv), 235(14)(b), 235(14)(b)(i), 235(14)(b)(ii), 235(15), 235(15)(a), 235(15)(a)(i), 235(15)(a)(i)(A), 235(15)(a)(i)(B), 235(15)(a)(ii), 235(15)(b), 235(15)(b)(i), 235(15)(b)(ii), 235(15)(b)(iii), 235(15)(b)(iv), 235(15)(b)(iv)(A), 235(15)(b)(iv)(B), 235(15)(b)(iv)(B)(I ), 235(15)(b)(iv)(B)(I I), 235(15)(b)(v), 235(15)(b)(vi), 235(15)(b)(vi)(A), 235(15)(b)(vi)(B), 235(15)(b)(vii), 235(15)(b)(vii)(A), 235(15)(b)(vii)(B), 235(15)(b)(vii)(C), 235(15)(b)(vii)(D), 235(15)(c), 235(15)(d), 235(16), 235(16)(a), 235(16)(b), 235(17), 235(17)(a), 235(17)(b). 222........... OECD 75 FR 1236, 1/8/ 170(6); 230(1) IBR; Requirements; 2010. 045(1); 240(11); Export 290(1)(b); 370(3), Shipments of 370(7); 290(1)(b); Spent Lead-Acid 370(3), 370(7); Batteries. 520(1)(a) and (b). 223 \2\....... Hazardous Waste 75 FR 12989, 1/ 040 ``New TSD Technical 18/2010. facility'' Corrections and definition; 040 Clarifications. ``Processed scrap metal'' definition; 016 Table 1; 070(8)(a)(iii); 120(3), 120(3)(d); 090(7)(a)(viii); 9904; 9903; 082(4) IBR; 045(1); 180(3)(f), 180(3)(f)(i), 180(3)(f)(i)(A), 180(3)(f)(i)(B), 180(3)(f)(ii), 180(3)(f)(iii), 180(3)(f)(iv); 200(1)(b)(iv)(B), 200(1)(f), 200(1)(g) , 200(2)(a), 200(2)(b); 220(2)(e), 220(2)(e)(i), 220(2)(e)(ii) 220(2)(e)(ii) Note; 230(2); 350(2); 370(5)(e)(vi), 370(5)(f)(i), 370(5)(f)(vii), 370(5)(f)(viii); 350(2); 360(2)(d)(ii); 370(5)(e)(vi), 370(5)(f)(i), 370(5)(f)(vii), 370(5)(f)(viii); 400(3)(a) IBR and 045(1); 505(1)(b)(i); 140(2)(a) IBR; 045(1); 810(8)(b). 226 \2\....... Academic 75 FR 79304, 12/ 235(1), 235(1)(b), Laboratories 20/2010. 235(7)(b)(iii)(A), Generator 235(13)(e)(i), Standards 235(15)(a)(i), Technical 235(15)(b)(i). Corrections. 227........... Revision of the 76 FR 34147, 6/ 140(2)(a) IBR; Land Disposal 13/2011. 045(1). Treatment Standards for Carbamate Wastes. 228 \2\....... Hazardous Waste 77 FR 22229, 4/ 9904; 505(1)(b)(i). Technical 13/2012. Corrections and Clarifications Rule. ------------------------------------------------------------------------ \1\ The Checklist is a document that addresses the specific changes made to the Federal regulations by one or more related final rules published in the Federal Register. The EPA develops these checklists as tools to assist states in developing their authorization application and in documenting specific state regulations analogous to the Federal regulations. For more information, see the EPA's RCRA State Authorization website at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra#about. \2\ State rule contains more stringent provisions. For identification of the more stringent State provisions refer to the authorization revision application's Attorney General Statement and Checklists found in the docket for this final authorization. Some of the more stringent state provisions are discussed in Section G of this authorization. Table 2--State Initiated Changes ------------------------------------------------------------------------ Analogous State Citation WAC 173-303-. . Reason for change Federal 40 CFR . citation ------------------------------------------------------------------------ 040........................... ``Enforceable 270.1(c)(7). document'' definition internal citations corrected: WAC 173- 303-610(1)(e); WAC 173-303-620(1)(d). 040........................... ``Facility'' 260.10. definition internal citation corrected: RCW 70.105D.020(8). 040........................... ``Performance track 260.10. member facility'' obsolete definition deleted. 040........................... ``Release'' definition 280.12 related. internal citation corrected: RCW 70.105D.020(32). 045(1)........................ Date of incorporation No direct by reference updated. analog. 070(1)(b)..................... Language revised for 262.11. equivalence with Federal rule. 072(1)(b)..................... Internal citation 260.20. corrected: ``described in subsections (3) and (4) of this section.''. 110(3)(a)..................... SW-846 reference 260.11(c). information updated. 110(3)(c), 110(7)............. Updated Chemical Test Related to Methods guidance and 260.11 and 40 publication date. CFR appendix IX. 110(3)(g)(ix), 110(3)(h)(i), References to industry 260.11(d) and 110(3)(h)(vii). standards and codes (e). updated. 170(3)........................ Clarification that 264.1(g)(3) final facility related. standards are found in WAC 173-303-600. 180(3)(c)..................... Redundant manifest 262.23 related. instructions deleted (Previous(d), (e) and (f) are renumbered to (c), (d) and (e)). [[Page 10386]] 200(1)(b)(iv)................. Requirement for 262.34(a)(1)(iv) independent qualified -more stringent registered State professional engineer requirement. (IQRPE). 200(1)(b)(iv)(B).............. Second sentence of 262.34(a)(1)(iv) this citation was (B). relocated to new 200(1)(g) to clarify applicability to all generators. 200(2)(b), 200(3)(c).......... ``Per waste stream'' 262.34(c). deleted for equivalence with Federal rule. 200(4)(a)(iv)(A)(III)......... Reminder added that 262.34(g)(4)(i)( facilities use an C)--more IQRPE to certify stringent State containment building requirement. design. 200(5)........................ Requirements for 262.34(j), (k) National and (l). Environmental Performance Track Program deleted (Previous (6) is renumbered to (5)). 240(6)........................ Editing correction.... 263.12 related-- more stringent State requirement. 330(1)(d)..................... Editing correction; 264.16(b). The second sentence of previous (c)(ii) is changed to (d), and (d) renumbered to (e). 370(1)........................ ``Owners and 264.70(a). operators'' clarified to mean the phrase applies only to permitted facilities and dangerous waste recyclers. 380(1)(r)..................... New sub-section: 264.73(b)(19). Certificates of major tank system repair added for equivalence with Federal rule. 400(3)(c)(ii)(G).............. Enforceable documents 265.110(c), in lieu of a post 265.118(c)(4) closure permit and 265.121. adopted. 400(3)(c)(xxii)(B)............ Reference to 265.1101(c)(4). Performance Track member facilities deleted. 400(3)(c)(xxii)(B)............ Rule is modified to 265.1101(c)(3)(i add IQRPE requirement. ii)--more stringent State requirement. 573(9)(b)(ii)(A).............. Corrected for 273.13(c)(2)(i). equivalence with Federal rule. 573(19)(b)(iv) and (v)........ References to 273.32(b)(4) and thermostat universal (5)--more waste are removed, stringent State including in the requirement. example calculation. 600(1)........................ Edit to clarify which 264.1(a). rules are the final facility standards. 600(2)........................ Clarification on what 264.1(b). types of facilities can accept dangerous waste from off-site sources. 610(4)(c)..................... Internal citations 264.113(c). corrected for equivalence with Federal rule. 610(3)(a)(ix), Internal citation 264.112(b)(8), 610(3)(b)(ii)(D), corrected. 264.112(c)(2)(i 610(8)(d)(ii)(D). v), and 264.118(d)(2)(i v). 610(12)(f).................... Editing correction.... No direct analog. 620(1)(d)(i).................. Internal citation 264.140(d)(1). corrected. 620(3)(a)(ii), 620(6)(a), Revise wording to be 264.142(a)(2), 620(9)(a). gender neutral. 264.145, and 264.148(a). 620(3)(a)(ii), 620(5)(a)...... Clarify that financial 264.142(a)(2) assurance cost and estimates are 264.144(a)(1). performed by a third party. 620(3)(a)(v), 620(4)(g), Clarify that net 262.142(a), 620(6)(c). present value 264.142(a), and adjustments are not 264.144(a). allowed. 620(4)(a)(vi), 620(4)(d)(iv), Clarify that financial 264.143(f), 620(6)(a)(vi). test and the 264.143(f), and corporate guarantee 264.145(f). are two separate but related options. 620(4)(d)(iv), 620(6)(a)(vi), Minimum tangible net 264.143(f)--more 620(8)(a)(iv). worth raised to $25 stringent State million. requirement. 264.145(f)--mor e stringent State requirement. 264.147(f)--mor e stringent State requirement. 620(4)(d)(v), 620(6)(a)(vii).. ``Agreed upon 264.143(f)(3)(ii Procedures'' report i) and can be used in place 264.143(f)(3)(i of a ``Negative ii). Assurance'' report. 620(8)(a)(i).................. Minimum financial 264.147(a) and assurance liability 264.147(b)--mor amounts increased. e stringent (Previous (i), (ii) State and (iii) are requirements. renumbered to (ii), (iii) and (iv)). 630(7)(d)..................... Clarify that rule 264.175(d)--more applies to TSD owners stringent State and operators, not requirement. generators. 640(2)(c)(v)(B) Note References to industry 264.191(b)(5)(ii 640(4)(i)(iii) Note 640(9)(b). standards and codes ) Note and updated. 264.193(i)(3) Note. 645(1)(e)..................... Rule for enforceable 264.90(e). documents in lieu of a post closure permit (previous (e) became (f)). 645(8)(c)..................... Clarify rule 264.97(c)--more applicability. stringent State requirement. 64620(5)...................... New rules for 264.101 related-- corrective action more stringent financial assurance. State requirement. 64690......................... Facilities must use an 264.554 IBR, IQRPE for staging 045(1)--more pile design. stringent State requirement. 650(4)(c)..................... Facilities must use an 254.226(c)--more IQRPE to certify dike stringent State integrity. requirement. 650(5)(d)(ii)(B).............. Facilities must use an 254.227(d)(2)(ii IQRPE for impoundment )--more design. stringent State requirement. 650(6)(b)(ii)................. Internal citation 264.228(b)(2). corrected. 665(2)(a)(i).................. Facilities must use an 264.301(a)(1)--m IQRPE to certify ore stringent report on basis for State landfill liner requirement. selection. 800(2), 800(12), 806(4)(a), Rules for enforceable 270.1(c) intro, 806(4)(o). documents in lieu of 270.1(c)(7), a post closure permit. 270.14(a), and 270.28. 806(4)(d)(v).................. Facilities must use an 270.17(d)--more IQRPE for certifying stringent State dike integrity. requirement. 806(4)(e)(iii)(A)(I).......... Reference to IQRPE 270.18(c)(1)(i)- requirement to -more stringent certify waste pile State liner selection. requirement. 806(4)(h)(ii)(A)(I)........... Reference to IQRPE 270.21(b)(1)(i)- requirement to -more stringent certify landfill State liner selection. requirement. 806(4)(j)(iv)(C), The word ``design'' is 270.24(d)(3) and 806(4)(k)(v)(C). deleted after ``basic 270.25(e)(3). control device'' for equivalence with Federal rule. 806(4)(n)..................... New facilities added 270.22 intro. to list of those able to burn hazardous waste. 811........................... New Boiler and 270.66 IBR Industrial Furnace 045(1). (BIF) facility types added to list. 830 Appendix I Permit New entry for ``Burden 270.42 Appendix modifications table. Reduction'' added. I--more stringent State requirement. 830 Appendix I(F)(1)(c), Note added 270.42 Appendix (F)(4)(a), (G)(1)(e), acknowledging non- I. (G)(5)(c), (H)(5)(C). existent RCRA section. 841........................... New Boiler and 270.235(a)(1) Industrial Furnace intro IBR (BIF) facility types 045(1). added to list. [[Page 10387]] 9903.......................... Numerical P list...... 261.33. P108 CAS number corrected (2 entries). P114 Tetraethydithiopyr ophosphate is replaced with Thallium(I) selinite. P115 Thiodiphosphoric acid, tetraethyl ester is replaced with Sulfuric acid, dithallium(1+) salt. P115 Plumbane, tetraethyl is replaced with Thallium(I) sulfate. P116 Tetraethyl lead is replaced with Hydrazinecarbothio amide. Correct errors with waste codes, CAS numbers and chemical names. P128 Mexacarbate CAS number corrected. Alphabetical U list... U202 1,2- Benzisothiazol-3(2H)- one, 1,1-dioxide, & salts deleted.* U202 Saccharin, & salts deleted.* U227 waste code for 1,1,1- Trichloroethane is replaced with U226. Numerical U list...... U202 1,2- Benzisothiazol-3(2H)- one, 1,1-dioxide, & salts deleted.* U202 Saccharin, & salts deleted.* * These entries were deleted as part of State adoption of the December 17, 2010 (75 FR 78918) EPA rule removing saccharin from the discarded chemicals list. Although these changes are not State- initiated, they are listed here because an EPA checklist was not available. 9904(1) K181.................. K181 listing code 261.32(a) K181. codified. 9904 K181 entry, 9904(1) Four internal 261.32(a) K181, K181(iv), 9904(4)(b), citations corrected. 261.32(d)(2), 9904(4)(c), 9904(4)(c)(i) and 261.32(d)(3), (ii). and 261.32(d)(3)(i) and (ii). 9904 K069..................... Administrative stay 261.32 K069. note added. ------------------------------------------------------------------------ G. Where are the revised State rules different from the Federal rules? Under RCRA Section 3009, the EPA may not authorize State rules that are less stringent than the Federal program. Any state rules that are less stringent do not supplant the Federal regulations. State rules that are broader in scope than the Federal program requirements are allowed but are not authorized. State rules that are equivalent to and state rules that are more stringent than the Federal program may be authorized, in which case they are enforceable by the EPA. This Section does not discuss all the program differences, because in most instances Washington writes its own version of the Federal hazardous waste rules. Persons must consult Tables 1 and 2 in Section F for the specific State regulations that the EPA is authorizing. This Section discusses rules of particular interest where the EPA has found the State program is more stringent and will be authorized. Table 2 above indicates all the rules that the EPA determined to be more stringent than the Federal rules. The Section below also discusses an example of a rule where the State program is broader in scope and cannot be authorized. Certain portions of the Federal program are not delegable to the states because of the Federal government's special role in foreign policy matters and because of national concerns that arise with certain decisions. The EPA does not delegate import and export functions. Under RCRA regulations found in 40 CFR part 262, the EPA will continue to implement requirements for import and export functions. However, the State rules (WAC 173-303-230) reference the EPA's import and export requirements, and the State has amended these references to include those changes promulgated in the Federal Rule on Corrections to Errors in the Code of Federal Regulations (71 FR 40254, July, 7, 2006). Additional information regarding the EPA's analysis concerning the State's rules that are more stringent and/or broader in scope than the Federal rules can be found in the docket. 1. More Stringent States are allowed to seek authorization for state requirements that are more stringent than Federal requirements. The EPA has authority to authorize and enforce those parts of a state's program the EPA finds to be more stringent than the Federal program. This Section does not discuss each more stringent finding made by the EPA, but persons can locate such findings by consulting Table 1 in Section F and by reviewing the docket for these rules. This action authorizes the State program for each more stringent requirement. a. Satellite Accumulation--On December 20, 1984 (49 FR 49568), the Federal Satellite Accumulation rule was promulgated. The State adopted a satellite accumulation rule in 1986 and adopted a revised rule on December 8, 1993. On December 18, 2014, the State adopted another revision to WAC 173-303-200(2) with all instances of ``per waste stream'' removed for consistency with the Federal rule at 40 CFR 262.34(c). The State rule has an additional provision for satellite accumulation requirements whereby the State can require additional management requirements on a case-by-case basis, which renders the State rule more stringent than the Federal rule. Additional details regarding the State's adoption of the revised satellite accumulation rule are available in the docket. b. Academic Laboratory Generator Standards--The State's Academic Laboratories Generator Standards contain more stringent requirements than the corresponding Federal rules (73 FR 72912, December 1, 2008). i. WAC 173-303-235(4)(a), (4)(b)(ii), (5)(a), and (5)(b)(ii), are more stringent because the State requires small quantity generators to obtain EPA/state identification numbers, whereas the Federal rules at 40 CFR 262.203(a) and (b)(2) and 40 CFR 262.204(a) and (b)(2) exempt the comparable Conditionally Exempt Small Quantity Generators (CESQGs). ii. WAC 173-303-235(4)(b) and (5)(b) are more stringent than 40 CFR 262.203(b) and 262.204(b) introductory paragraphs due to the State requirement for small quantity generators to complete the entire Washington State Dangerous Waste Site Identification form, whereas the Federal rules exempt CESQGs from filling in a site identification number. iii. WAC 173-303-235(7)(a)(i), 235(9)(d)(i)(A) and 235(9)(d)(ii)(A) require accumulation start dates and full container dates to be attached to the containers rather than, at a minimum, be associated with them as required by 40 CFR 262.206(a)(1) and 262.208(d)(1)(i). [[Page 10388]] iv. WAC 173-303-235(14)(a)(iv) requires eligible academic entities to maintain records for five years after laboratory cleanouts rather than three years as required in 40 CFR 262.213(a)(4). On December 12, 2010 (75 FR 79304), the Federal Academic Laboratories Generator Standards Technical Corrections rules were promulgated. The State's rules at WAC 173-303-235(15)(a)(i) and (b)(i) are more stringent than the Federal rules because they require the accumulation date to appear on the container label, whereas the Federal rules at 40 CFR 262.214(a)(1) and (b)(1) allow the information to be associated with, but not necessarily placed on, the container. Additional details regarding the more stringent State provisions associated with the State's adoption of the Federal Academic Laboratories Generator Standards are available in the docket. c. Characteristic of Reactivity--On January 31, 1986 (51 FR 3782), the State received authorization for its dangerous waste identification rules including WAC 173-303-090(7) Characteristic of reactivity. On January 18, 2010 (75 FR 12989), the Federal rule at 40 CFR 261.23(a)(8) was revised to update the forbidden explosives regulation under 40 CFR 261.23 Characteristic of reactivity. The State revised the corresponding WAC 173-303-090(7)(a)(viii), but included Division 1.5 explosives (refer to the US Department of Transportation Hazardous Materials Class 1 explosives chart) not included in the Federal rule. As a result, the State's rule is more stringent than the Federal rule. Additional details regarding the more stringent State provisions associated with forbidden explosives under the characteristic of reactivity rule are available in the docket. d. Exception Reporting--On January 18, 2010 (75 FR 12989), the Federal Hazardous Waste Technical Corrections and Clarifications rules were promulgated. Under 40 CFR 262.42(c)(2), the 35/45/60 day timeframes for exception reporting begin the date the waste was accepted by the initial transporter forwarding the hazardous waste from the designated facility to the alternate facility. The State rule at WAC 173-303-220(2)(e)(ii) is more stringent because it does not have a 60-day window for Medium Quantity Generators (equivalent to Federal Small Quantity Generators) to submit exception reports to the Washington State Department of Ecology. Additional details regarding the more stringent State provisions associated with Exception reports are available in the docket. e. Independent Qualified Registered Professional Engineers--On December 18, 2014, the State adopted rule changes to require Independent Qualified Registered Professional Engineers (IQRPEs) to certify certain activities. The revised State rules at WAC 173-303- 200(1)(b)(iv), 200(4)(a)(iv)(A)(III), 400(3)(c)(xxii)(B), 64690, 650(4)(c), 650(5)(d)(ii)(B), 665(2)(a)(i), 806(4)(d)(v), 806(4)(e)(iii)(A)(I), and 806(4)(h)(ii)(A)(I) are more stringent than corresponding Federal rules at 40 CFR 262.34(a)(1)(iv) and (g)(4)(i)(C), 265.1101(c)(3)(iii), 264.554 (IBR, 045(1)), 264.226(c), 264.227(d)(2)(ii), 264.301(a)(1), 270.17(d), 270.18(c)(1)(i), and 270.21(b)(1)(i). Additional details regarding the more stringent State provisions associated with IQRPE requirements are available in the docket. 2. Broader in Scope The State has added a time limit for special wastes that are stored at transfer stations under WAC 173-303-073(2)(e)(v). The Federal rules do not regulate these special wastes which are State-only wastes and defined at WAC 173-303-040; therefore, the regulation of these wastes is broader in scope than the Federal rules. As noted above, broader in scope rules are not authorized by the EPA. H. Who issues permits once the authorization takes effect? Washington will continue to issue permits for all the provisions for which it is authorized and will administer the permits it issues. Permits issued by the EPA prior to authorizing Washington for these revisions will continue in force until the effective date of the State's issuance or denial of a State hazardous waste management permit, at which time, the EPA will modify the existing EPA permit to expire at an earlier date, terminate the existing EPA permit, or allow the existing EPA permit to otherwise expire by its terms, except for those facilities located in Indian Country. The EPA will not issue new permits or new portions of permits for provisions for which Washington is authorized after the effective date of this authorization. The EPA will continue to implement and issue permits for HSWA requirements for which Washington is not yet authorized. I. What is codification and is the EPA codifying Washington's hazardous waste program as authorized in this authorization? Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. This is done by referencing the authorized State rules in 40 CFR part 272. The EPA is reserving the amendment of 40 CFR part 272, subpart WW, for this authorization of Washington's program revisions until a later date. J. How does this action affect Indian Country (18 U.S.C. 1151) in Washington? The EPA's decision to authorize the Washington hazardous waste management program does not include any land that is, or becomes after the date of this authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, with the exception of the non-trust lands within the exterior boundaries of the Puyallup Indian Reservation (also referred to as the ``1873 Survey Area'' or ``Survey Area'') located in Tacoma, Washington. The EPA retains jurisdiction over ``Indian Country''. Effective October 22, 1998 (63 FR 50531, September 22, 1998) the State of Washington was authorized to implement the State's federally- authorized hazardous waste management program on the non-trust lands within the 1873 Survey Area of the Puyallup Indian Reservation. The authorization did not extend to trust lands within the reservation. The EPA retains its authority to implement RCRA on trust lands and over Indians and Indian activities within the 1873 Survey Area. K. Statutory and Executive Order Reviews This final authorization revises the State of Washington's authorized hazardous waste management program pursuant to Section 3006 of RCRA and imposes no requirements other than those currently imposed by State law. This authorization complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866 Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), Federal agencies must determine whether the regulatory action is ``significant'', and therefore subject to OMB review and the requirements of the E.O. The E.O. defines ``significant regulatory action'' as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere [[Page 10389]] with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the E.O. The EPA has determined that this final authorization is not a ``significant regulatory action'' under the terms of E.O. 12866 and is therefore not subject to OMB review. 2. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this final authorization does not establish or modify any information or recordkeeping requirements for the regulated community and only seeks to authorize the pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing, and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in title 40 of the CFR are listed in 40 CFR part 9. 3. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), generally requires Federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this authorization on small entities, small entity is defined as: (1) A small business defined by the Small Business Administration's size regulations at 13 CFR part 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. I certify that this final authorization will not have a significant economic impact on a substantial number of small entities because the final authorization will only have the effect of authorizing pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law. 4. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104-4) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under Section 202 of the UMRA, the EPA generally must prepare a written statement, including a cost- benefit analysis, for proposed and final rules with ``Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, Section 205 of the UMRA generally requires the EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of Section 205 do not apply when they are inconsistent with applicable law. Moreover, Section 205 allows the EPA to adopt an alternative other than the least costly, most cost- effective, or least burdensome alternative if the Administrator publishes with the rule an explanation why the alternative was not adopted. Before the EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under Section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of the EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This final authorization contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for state, local, or tribal governments or the private sector. It imposes no new enforceable duty on any state, local or tribal governments or the private sector. Similarly, the EPA has also determined that this final authorization contains no regulatory requirements that might significantly or uniquely affect small government entities. Thus, this final authorization is not subject to the requirements of Sections 202 and 203 of the UMRA. 5. Executive Order 13132: Federalism This final authorization does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among various levels of government, as specified in E.O. 13132 (64 FR 43255, August 10, 1999). This document authorizes pre-existing State rules. Thus, E.O. 13132 does not apply to this final authorization. In the spirit of E.O. 13132, and consistent with the EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicited comment on this authorization from State and local officials. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (59 FR 22951, November 9, 2000), requires the EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' This final authorization does not have tribal implications, as specified in E.O. 13175 because the EPA retains its authority over Indian Country. Thus, E.O. 13175 does not apply to this final authorization. The EPA specifically solicited comment on this authorization from tribal officials. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required [[Page 10390]] under Section 5-501 of the E.O. has the potential to influence the regulation. This action is not subject to E.O. 13045 because it approves a state program. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This final authorization is not subject to Executive Order 13211, ``Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a ``significant regulatory action'' as defined under E.O. 12866, as discussed in detail above. 9. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272), directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus bodies. The NTTAA directs the EPA to provide Congress, through OMB, explanations when the Federal agency decides not to use available and applicable voluntary consensus standards. This authorization does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. 10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this final authorization will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations. This final authorization does not affect the level of protection provided to human health or the environment because this document authorizes pre-existing State rules which are equivalent to and no less stringent than existing Federal requirements. 11. The Congressional Review Act, 5 U.S.C. 801-808 The Congressional Review Act, 5 U.S.C. 801-808, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians--lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This final action is issued under the authority of Sections 1006, 2002(a), and 3006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6905, 6912(a), and 6926. Dated: February 20, 2018. Chris Hladick, Regional Administrator, Region 10. [FR Doc. 2018-04702 Filed 3-8-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations 10383
TABLE 1 TO PARAGRAPH (a)—CLASSIFICATIONS AND ATTAINMENT DATES FOR 2015 8-HOUR OZONE NAAQS (0.070
ppm) FOR AREAS SUBJECT TO § 51.1302—Continued
Primary standard
8-hour ozone attainment date
Area class design value (years after the effective
(ppm) date of designation for
2015 primary NAAQS)
Severe-17 .......................................................... from up to * ........................................................ 0.111 17
0.163
Extreme .............................................................. equal to or above .............................................. 0.163 20
* But not including.
(b) A state may request, and the Region 10, Office of Air and Waste requirements established by RCRA.
Administrator must approve, a higher (OAW–150), 1200 Sixth Avenue, Suite Therefore, the EPA is granting
classification for an area for any reason 900, Seattle, Washington 98101, phone Washington final authorization to
in accordance with CAA section number: (206) 553–2416, email: operate its hazardous waste program
181(b)(3). mccullough.barbara@epa.gov. with the changes described in the
(c) A state may request, and the SUPPLEMENTARY INFORMATION: authorization revision application.
Administrator may in the Washington will continue to have
Administrator’s discretion approve, a A. Why are revisions to State programs responsibility for permitting Treatment,
higher or lower classification for an area necessary? Storage, and Disposal Facilities (TSDFs)
in accordance with CAA section States that have received final within its borders (except in Indian
181(a)(4). authorization from the EPA pursuant to country (18 U.S.C. 1151)) with the
[FR Doc. 2018–04810 Filed 3–8–18; 8:45 am] Section 3006(b) of RCRA, 42 U.S.C. exception of the non-trust lands within
BILLING CODE 6560–50–P 6926(b), must maintain a hazardous the exterior boundaries of the Puyallup
waste program that is equivalent to, Indian Reservation (also referred to as
consistent with, and no less stringent the ‘‘1873 Survey Area’’ or ‘‘Survey
ENVIRONMENTAL PROTECTION than the Federal program. As the Area’’) located in Tacoma, Washington
AGENCY Federal program changes, states must (see Section J below for full description)
change their programs and ask the EPA and for carrying out the aspects of the
40 CFR Part 271 to authorize the changes. Changes to RCRA program described in its revised
state programs may be necessary when program application, subject to the
[EPA–R10–RCRA–2017–0285; FRL–9974–
35–Region 10] federal or state statutory or regulatory limitations of the Hazardous and Solid
authority is modified or when certain Waste Amendments of 1984 (HSWA).
Washington: Authorization of State other changes occur. Most commonly, New Federal requirements and
Hazardous Waste Management states must change their programs prohibitions imposed by Federal
Program Revisions because of changes to the EPA’s regulations that the EPA promulgates
regulations in title 40 of the Code of under the authority of HSWA, and
AGENCY: Environmental Protection Federal Regulations (CFR) parts 124, which are not less stringent than
Agency (EPA). 260 through 266, 268, 270, 273, and 279. existing requirements, take effect in
ACTION: Final authorization. Washington State’s hazardous waste authorized states before the states are
management program was initially authorized for the requirements. Thus,
SUMMARY: Washington applied to the the EPA will implement those
approved on January 30, 1986 and
Environmental Protection Agency (EPA) requirements and prohibitions in
became effective on January 31, 1986.
for final authorization of certain changes Washington, including issuing permits,
As explained in Section E below, it has
to its hazardous waste program under until the State is granted authorization
been revised and reauthorized
the Resource Conservation and to do so.
numerous times since then. On January
Recovery Act, as amended, (RCRA). The
26, 2017, the EPA received the State’s C. What is the effect of this
EPA reviewed Washington’s
most recent authorization revision authorization decision?
application, and has determined that
application. This authorization revision
these changes satisfy all requirements A person in Washington subject to
application requested federal
needed to qualify for final authorization. RCRA must comply with the authorized
authorization for Washington’s Rules
The EPA sought public comment under State requirements in lieu of the
and Standards for Hazardous Waste,
Docket number EPA–R10–RCRA–2017– corresponding Federal requirements.
effective as of December 31, 2014, and
0285 from July 13, 2017 to August 14, Additionally, such persons will have to
sought to revise its federally-authorized
2017 and from September 25, 2017 to comply with any applicable Federal
hazardous waste management program
October 25, 2017, prior to taking this requirements, such as HSWA
to include Federal hazardous waste
final action to authorize these changes. regulations issued by the EPA for which
regulations promulgated through July 1,
The EPA received one comment which the State has not received authorization
2013.
was responded to but was not and RCRA requirements that are not
amozie on DSK30RV082PROD with RULES
applicable to this authorization action. B. What decisions has the EPA made in supplanted by authorized State-issued
DATES: This final authorization is this authorization? requirements. Washington continues to
effective April 9, 2018. The EPA has reviewed Washington’s have enforcement responsibilities under
FOR FURTHER INFORMATION CONTACT: application to revise its authorized its State hazardous waste management
Barbara McCullough, U.S. program and has determined that it program for violations of this program,
Environmental Protection Agency, meets all the statutory and regulatory but the EPA retains its authority under
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![10390 Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations
under Section 5–501 of the E.O. has the because this document authorizes pre- Halibut Commission (IPHC), publishes
potential to influence the regulation. existing State rules which are equivalent as regulations the 2018 annual
This action is not subject to E.O. 13045 to and no less stringent than existing management measures governing the
because it approves a state program. Federal requirements. Pacific halibut fishery that have been
recommended by the IPHC and accepted
8. Executive Order 13211: Actions That 11. The Congressional Review Act, 5
by the Secretary of State. This action is
Significantly Affect Energy Supply, U.S.C. 801–808 intended to enhance the conservation of
Distribution, or Use The Congressional Review Act, 5 Pacific halibut and further the goals and
This final authorization is not subject U.S.C. 801–808, generally provides that objectives of the Pacific Fishery
to Executive Order 13211, ‘‘Actions before a rule may take effect, the agency Management Council (PFMC) and the
Concerning Regulations that promulgating the rule must submit a North Pacific Fishery Management
Significantly Affect Energy Supply, rule report, which includes a copy of Council (NPFMC or Council).
Distribution, or Use’’ (66 FR 28355, May the rule, to each House of the Congress DATES: The IPHC’s 2018 annual
22, 2001) because it is not a ‘‘significant and to the Comptroller General of the management measures are valid March
regulatory action’’ as defined under E.O. United States. EPA will submit a report 8, 2018. The 2018 management
12866, as discussed in detail above. containing this document and other measures are valid until superseded.
9. National Technology Transfer and required information to the U.S. Senate, ADDRESSES: Additional requests for
Advancement Act the U.S. House of Representatives, and information regarding this action may
the Comptroller General of the United be obtained by contacting the
Section 12(d) of the National States prior to publication in the
Technology Transfer and Advancement International Pacific Halibut
Federal Register. A major rule cannot Commission, 2320 W. Commodore Way,
Act of 1995 (‘‘NTTAA’’), (Pub. L. 104– take effect until 60 days after it is
113, 12(d)) (15 U.S.C. 272), directs the Suite 300, Seattle, WA 98199–1287; or
published in the Federal Register. This Sustainable Fisheries Division, NMFS
EPA to use voluntary consensus action is not a ‘‘major rule’’ as defined
standards in its regulatory activities Alaska Region, P.O. Box 21668, Juneau,
by 5 U.S.C. 804(2). AK 99802, Attn: Ellen Sebastian,
unless to do so would be inconsistent
with applicable law or otherwise List of Subjects in 40 CFR Part 271 Records Officer; or Sustainable Fisheries
impractical. Voluntary consensus Division, NMFS West Coast Region,
Environmental protection, 7600 Sand Point Way NE, Seattle, WA
standards are technical standards (e.g., Administrative practice and procedure,
materials specifications, test methods, 98115. This final rule also is accessible
Confidential business information, via the internet at the Federal
sampling procedures, and business Hazardous materials transportation,
practices) that are developed or adopted eRulemaking portal at http://
Hazardous waste, Indians—lands, www.regulations.gov, identified by
by voluntary consensus bodies. The Intergovernmental relations, Penalties, docket number NOAA–NMFS–2017–
NTTAA directs the EPA to provide Reporting and recordkeeping 0157.
Congress, through OMB, explanations requirements.
when the Federal agency decides not to FOR FURTHER INFORMATION CONTACT: For
Authority: This final action is issued waters off Alaska, Kurt Iverson, 907–
use available and applicable voluntary under the authority of Sections 1006, 2002(a),
consensus standards. This authorization 586–7210; or, for waters off the U.S.
and 3006 of the Solid Waste Disposal Act, as
does not involve technical standards. amended, 42 U.S.C. 6905, 6912(a), and 6926.
West Coast, Kathryn Blair, 206–526–
Therefore, the EPA is not considering 6140.
Dated: February 20, 2018.
the use of any voluntary consensus SUPPLEMENTARY INFORMATION:
standards. Chris Hladick,
Regional Administrator, Region 10. Background
10. Executive Order 12898: Federal [FR Doc. 2018–04702 Filed 3–8–18; 8:45 am] The IPHC has recommended
Actions To Address Environmental regulations that would govern the
BILLING CODE 6560–50–P
Justice in Minority Populations and Pacific halibut fishery in 2018, pursuant
Low-Income Populations to the Convention between Canada and
Executive Order 12898 (59 FR 7629, DEPARTMENT OF COMMERCE the United States of America (U.S.) for
February 16, 1994) establishes Federal the Preservation of the Halibut Fishery
executive policy on environmental National Oceanic and Atmospheric of the North Pacific Ocean and Bering
justice. Its main provision directs Administration Sea (Convention), signed at Ottawa,
Federal agencies, to the greatest extent Ontario, on March 2, 1953, as amended
practicable and permitted by law, to 50 CFR Part 300 by a Protocol Amending the Convention
make environmental justice part of their (signed at Washington, DC, on March
[Docket No. 180206132–8132–01]
mission by identifying and addressing, 29, 1979).
as appropriate, disproportionately high RIN 0648–BH53 As provided by the Northern Pacific
and adverse human health or Halibut Act of 1982 (Halibut Act) at 16
environmental effects of their programs, Pacific Halibut Fisheries; Catch U.S.C. 773b, the Secretary of State, with
policies, and activities on minority Sharing Plan the concurrence of the Secretary of
populations and low-income AGENCY: National Marine Fisheries Commerce, may accept or reject, on
populations in the United States. The Service (NMFS), National Oceanic and behalf of the United States, regulations
EPA has determined that this final Atmospheric Administration (NOAA), recommended by the IPHC in
authorization will not have Commerce. accordance with the Convention
amozie on DSK30RV082PROD with RULES
disproportionately high and adverse ACTION: Final rule. (Halibut Act, Sections 773–773k). The
human health or environmental effects Secretary of State, with the concurrence
on minority or low-income populations. SUMMARY: The Assistant Administrator of the Secretary of Commerce, accepted
This final authorization does not affect for Fisheries, National Oceanic and the 2018 IPHC regulations as provided
the level of protection provided to Atmospheric Administration (NOAA), by the Halibut Act at 16 U.S.C. 773–
human health or the environment on behalf of the International Pacific 773k.
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Document Created: 2018-03-09 03:48:45
Document Modified: 2018-03-09 03:48:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final authorization. | |
| Dates | This final authorization is effective April 9, 2018. | |
| Contact | Barbara McCullough, U.S. Environmental Protection Agency, Region 10, Office of Air and Waste (OAW-150), 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number: (206) 553-2416, email: [email protected] | |
| FR Citation | 83 FR 10383 | |
| CFR Associated | Environmental 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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