[[Page 19472]]

The action to approve these revisions would not impose additional requirements on the regulated community because the regulations for which Oregon will be authorized are already effective under State law and are not changed by today's action.

D. What Happens If EPA Receives Comments on This Action?

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

E. What Has Oregon Previously Been Authorized for?

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

F. What Changes Are We Proposing?

EPA is proposing to authorize revisions to Oregon's authorized program described in Oregon's official program revision application, submitted to EPA on December 19, 2005, and deemed complete by EPA on December 22, 2005.

The following table, Table 1, identifies equivalent State regulatory analogues to the Federal regulations for those regulatory revisions for which Oregon is seeking authorization. All of the referenced analogous State authorities were legally adopted and effective as of October 24, 2003.
Table 1.Equivalent Analogues to the Federal Regulations Description of federal requirements Analogous state authority CL \1\ Federal Register (OAR 340* * *) Requirements for Preparation, 58 FR 38816, 7/20/1993.................... 1000002. Adoption, and Submittal of
Implementation Plans, CL 125.
LDR Restrictions Phase III, Emergency 62 FR 1992, 1/14/97....................... 1000002. Extension of the K088 Capacity
Variance, CL 155.
LDR Restrictions Phase III, Emergency 62 FR 37694, 7/14/97...................... 1000002. Extension of the K088 Capacity
Variance, CL 160.
Petroleum Refining Process Wastes 65 FR 36365, 6/8/2000..................... 1000002. Clarification, CL 187.
Hazardous Air Pollutant Standards, 65 FR 42292, 7/10/2000.................... 1000002, 1010001, 104 Technical Corrections, CL 188. 0001, 1050001. Chlorinated Aliphatics Listing and 65 FR 67068, 11/8/2000.................... 1000002, 1010001. LDRs for Newly Identified Wastes, CL
189.
LDRs Phase IVDeferral for PCBs in 65 FR 81373, 12/26/2000................... 1000002. Soil, CL 190.
Mixed Waste rule, CL 191............. 66 FR 27218, 5/16/2001.................... 1000002. Mixture and DerivedFrom Rules 66 FR 27266, 5/16/2001.................... 1000002, 1010001. Revisions, CL 192A.
LDR Restrictions Correction, CL 192B. 66 FR 27266, 5/16/2001.................... 1000002. Change of Official EPA Mailing 66 FR 34374, 6/28/2001.................... 1000002. Address, CL 193.
Mixture and DerivedFrom Rules 66 FR 50332, 10/3/2001.................... 1000002, 1010001. Revision II, CL 194.
Inorganic Chemical Manufacturing 66 FR 58258, 11/20/2001; 67 FR 17119, 4/9/ 1000002, 1010001. Wastes Identification & Listing, CL 2002.
195.
CAMU Amendments, CL 196.............. 67 FR 2962, 1/22/2002..................... 1000002. Hazardous Air Pollutant Standards for 67 FR 6792, 2/13/2002..................... 1000002, 1040001, 105 Combustors; Interim Standards, CL 0001. 197.
Hazardous Air Pollutant Standards for 67 FR 6968, 2/14/2002..................... 1000002, 1050001. Combustors; Corrections, CL 198.
Vacatur of Mineral Processing Spent 67 FR 11251, 3/13/2002.................... 1000002, 1010001, 1020010. Materials Being Reclaimed as Solid
Wastes & TCLP Use with MGP Waste, CL
199.
Zinc Fertilizer Rule, CL 200......... 67 FR 48393, 7/24/2002.................... 1000002; 1010004; 102 0010. \1\ CL (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their authorization applications. See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/ hazwaste/state/.
G. What Other Revisions Are We Proposing to Oregon's Authorized Program?

During a review of Oregon's regulations, we identified a variety of changes that Oregon had made to previously authorized hazardous waste provisions. EPA brought these changes to the attention of Oregon and confirmed with the State that the Stateinitiated changes generally correct typographical errors and printing errors, clarify and make the State's regulations more internally consistent, or bring the State regulations closer to the Federal language. In this proposed rulemaking we are also correcting errors made by EPA in previous authorization Federal Register notices for Oregon. The State's authorized hazardous waste program, as amended by these provisions, remains equivalent to, consistent with, and no less stringent than the Federal RCRA program. The table below, Table 2, shows both the state initiated and the EPA initiated changes proposed for authorization revision.
Table 2.Revisions to Previously Authorized Rules \2\ Description of Federal requirements, Analogous state authority CL \3\ Federal Register (OAR 340* * *) Availability of Information.......... .......................................... 1000003, 10000005(1)(5); 1050012. [[Page 19473]]
Generator Requirements, CL II........ .......................................... 1000002; 1020011(2), 0012, 0040, 0041, 0050. Permitting Requirements, CL V........ .......................................... 1000002; 1050010, 0012, 0030, 0061; 1060002. Small Quantity Generators, CL 23..... 51 FR 10174, 3/24/86...................... 1000002; 1010033; 102 0034, 0041, 0044; 105 0010. LDRs (Solvents and Dioxins), CL 34... 51 FR 40572, 11/07/86..................... 1000002, 1000010, 102 0011(2)(d)&(e), 1050014. Changes to Interim Status Facilities 54 FR 9596, 3/7/89........................ 1000002; 1050001(3)&(4), for Hazardous Waste Management 0010; 1060002. Permits; Procedures for PostClosure
Permitting, CL 61.
Burning of Hazardous Waste in Boilers 56 FR 32688, 7/17/91...................... 1000002 1000004; 105 and Industrial Furnaces, Corrections 0010. & Technical Amendments, CL 94.
Recycled Used Oil Management 57 FR 41566, 9/10/92...................... 1000002(2); 1110000. Standards, CL 112.
Recycled Used Oil Management 58 FR 33341, 5/3/93; 58 FR 33341, 6/17/93. 1000002(2); 1110000, Standards; Technical Amendments and 0010, 0020, 0032, 0035, Corrections, CL 122. 0040, 0050, 0060, 0070. Recycled Used Oil Management 59 FR 10550, 3/4/94....................... 1000002; 1110000; 111 Standards; Technical Amendments and 0010. Corrections II, CL 130.
Universal Waste Rule: General 60 FR 26942, 5/11/95...................... 1000002; 1020011(e); 113 Provisions, CL 142A. 0000, 0020, 0020(1)(4), 0030, 0040, 0050. LDRs Phase IIIDecharacterized 61 FR 15566, 4/8/96....................... 1000002. Wastewaters Carbamate Wastes, and
Spent Potliners, CL 151.
Recycled Used Oil Management 63 FR 24963, 5/6/98....................... 1000002; 1110000, 0032, Standards; Technical Correction and 0050. Clarification, CL 166.
Belvill Exclusion Revisions and 63 FR 28556, 5/26/98...................... 1000002; 1010001, 0004. Clarification, CL 167E.
Hazardous Remediation Waste 63 FR 65874, 11/30/98..................... 1000002; 1000010; 105 Management Requirement (HWIRMedia), 0003, 1050115. CL 175.
Hazardous Air Pollutant Standards for 64 FR 62828, 9/30/99...................... 1000002; 1010001; 104 Combustors, CL 182. 0001, 0340; 1050001. Universal Waste Rule as of 12/31/02, 60 FR 25492, 5/11/95; 63 FR 71225, 12/24/ 1000002, 0010(3)(j); 102 Special Consolidated Checklist. 98; 64 FR 36466, 7/6/99. 0011(e); 1130000, 0010, 0020, 0030, 0040, 0050, 0060, 0070. \2\ For further discussion on where the revised State rules differ from the Federal Rules refer to the authorization revision application and the administrative record for this proposed rule. \3\ CL (Checklist) generally reflects changes made to the Federal regulations pursuant to a particular Federal Register notice. EPA publishes these checklists as aids for States to use for the development of their authorization applications. See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/ hazwaste/state/.
H. Who Handles Permits After the Authorization Takes Effect?

Oregon will continue to issue permits for all the provisions for which it is authorized and will administer the permits it issues. If EPA issued permits prior to authorizing Oregon for these revisions, these permits would continue in force until the effective date of the State's issuance or denial of a State hazardous waste permit, at which time EPA would modify the existing EPA permit to expire at an earlier date, terminate the existing EPA permit for cause, or allow the existing EPA permit to otherwise expire by its term, except for those facilities located in Indian Country. EPA will not issue new permits or new portions of permits for provisions for which Oregon is authorized after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Oregon is not yet authorized.
I. What Is Codification and Is EPA Codifying Oregon's Hazardous Waste Program as Authorized in This 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. EPA is reserving the amendment of 40 CFR part 272, subpart N for codification of this current revision to Oregon's program at a later date. J. How Would Authorizing Oregon for These Revisions Affect Indian Country (18 U.S.C. 1151) in Oregon?

Oregon is not authorized to carry out its hazardous waste program in Indian country, as defined in 18 U.S.C. 1151. Indian country includes:

1. All lands within the exterior boundaries of Indian reservations within or abutting the State of Oregon;

2. Any land held in trust by the U.S. for an Indian tribe; and

3. Any other land, whether on or off an Indian reservation that qualifies as Indian country.

Therefore, this action has no effect on Indian country. EPA will continue to implement and administer the RCRA program in these lands. K. Statutory and Executive Order Reviews

This proposed rule seeks to revise the State of Oregon's authorized hazardous waste program pursuant to section 3006 of RCRA and imposes no requirements other than those currently imposed by State law. This rule complies with applicable executive orders and statutory provisions as follows:

1. Executive Order 12866

Under Executive Order 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 Executive Order. The Order defines ``significant regulatory action'' as one that is likely
[[Page 19474]]
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 Executive Order. It has been determined that this proposed rule is not a ``significant regulatory action'' under the terms of Executive Order 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 proposed rule does not establish or modify any information or recordkeeping requirements for the regulated community and only seeks to authorize the preexisting 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 EPA's regulations in 40 CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility

The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601, et seq., 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 rule on small entities, small entity is defined as: (1) A small business defined by the Small Business Administrations' 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 notforprofit enterprise which is independently owned and operated and is not dominant in its field. EPA has determined that this action will not have a significant economic impact on small entities because the proposed rule will only have the effect of authorizing preexisting requirements under State law and imposes no additional requirements beyond those imposed by State law. After considering the economic impacts of today's rule, I certify that this action will not have a significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 1044) 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, EPA generally must prepare a written statement, including a costbenefit 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 EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective 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 EPA to adopt an alternative other than the least costly, most costeffective or least burdensome alternative if the Administrator publishes with the rule an explanation why the alternative was not adopted. Before 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 EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today's 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, EPA has also determined that this rule contains no regulatory requirements that might significantly or uniquely affect small government entities. Thus, today's rule is not subject to the requirements of sections 202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that 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.'' This 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 Executive Order 13132. This rule seeks authorization of preexisting State rules. Thus, Executive Order 13132 does not apply to this rule. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (59 FR
[[Page 19475]]
22951, November 9, 2000), requires 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 rule does not have tribal implications, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

Executive Order 13045 applies to any rule that: (1) Is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866 and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

This 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 Executive Order 12866.

9. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 104113, 12(d) (15 U.S.C. 272) directs 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 EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule does not involve ``technical standards'' as defined by the NTTAA. Therefore, 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

To the greatest extent practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency must make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health and environmental effects of its programs, policies, and activities on minority populations and lowincome populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands. Because this rule proposes authorization of pre existing State rules and imposes no additional requirements beyond those imposed by State law and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indianslands, 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, 6974(b).

Dated: April 3, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
[FR Doc. E65328 Filed 41306; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Jeff Hunt, U.S. Environmental Protection Agency Region 10, Office of Air, Waste & Toxics (AWT122), 1200 Sixth Ave., Seattle, Washington 98101, phone number: (206) 553 0256, email: hunt.jeff@epa.gov.