This action does not impose additional requirements on the regulated community because the regulations for which Washington is being authorized by this action are already effective under State law, and are not changed by this action.

D. Why Wasn't There a Proposed Rule Before This Rule?

EPA did not publish a proposal before this rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the proposed rules section of this Federal Register, we are publishing a separate document that proposes to authorize Washington's program changes. If we receive comments, which oppose this authorization, that document will serve as a proposal to authorize these changes.
E. What Happens if EPA Receives Comments That Oppose This Action?

If we receive comments that oppose this action, EPA will publish a document in the Federal Register withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on the proposed rule in this Federal Register. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we will withdraw that part of this rule. However, the authorization of program changes that are not opposed by any comments will become effective on December 29, 2006. A Federal Register withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time.

F. 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 dangerous waste management program. 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) and on April 14, 2006, effective June 13, 2006 (71 FR 19442).

G. What Revisions Are We Authorizing With This Action?

We are granting final authorization for the revisions to Washington's federallyauthorized program described in Washington's final complete program revision application submitted to EPA on June 26, 2006, and deemed complete by EPA on July 25, 2006. We have made a final determination, subject to receipt of written comments that oppose this action, that Washington's hazardous waste program revisions, as described in this rule, satisfy the requirements necessary 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 program, as amended by these provisions, remains equivalent to, consistent with, and is no less stringent than the Federal RCRA program. Therefore, we grant final authorization for the following program changes as identified in Table 1 and Table 2 below.

The provisions listed in these tables are from the Washington Administrative Code (WAC) and are analogous to the RCRA regulations as indicated in the tables. The RCRA regulations are those as published in 40 CFR parts 260 through 265, 268, 270, and 279, as of July 1, 2003, unless otherwise noted. Table 1 identifies new State rules that EPA is authorizing as equivalent or more stringent to the Federal program, and Table 2 identifies those Stateinitiated changes to its previously authorized program. (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 requirements in the 40 CFR). All of the referenced analogous State authorities were legally adopted and effective as of January 1, 2005.
Table 1.Equivalent and More Stringent Analogues to the Federal Program \1\ Analogous state authority Checklist \4\ Federal requirements Federal Register (WAC 173303* * *) 17D \3\............................ Waste Minimization 50 FR 28702, 7/15/85.. 180(1); 370(1); 380(1); HSWA Codification 390(1); 380(1)(q); Rule. 810(11)(c); 805(1)(b), 805(1)(c). [[Page 63255]]
30................................. Biennial Report 51 FR 28556, 8/8/86... 390(2)(g), 390(2)(h), Correction. 390(2)(i). 108................................ Toxicity 57 FR 30657, 7/10/92.. 071(3)(aa); 071(3)(g)(i); Characteristic 400(3)(a) Incorporated by Revisions; Technical Reference (IBR) 045(1) Corrections.
152................................ Imports and Exports of 61 FR 16290, 4/12/96.. 120(6); 170(6); 070(1); Hazardous Waste: 230(2); 280(1), 280(2); Implementation of 600(3)(f); 950; 960; OECD Council Decision. 230(1) IBR 045(1); 240(11); 250(1); 290(1)(a), 290(1)(b); 370(6); 525(1)(b)(ii), 525(1)(b)(iii); 573(16); 573(27), 573(34), 573(38), 573(38)(d). 156 \3\............................ Military Munitions 62 FR 6622, 2/12/97... 578(3); 578(4)(d), Rule. 578(4)(d)(i), 578(4)(d)(ii), 578(4)(e). 159................................ Conformance With the 62 FR 32974, 6/17/97.. 9904; 082(1); 9903; 082(4) Carbamate Vacatur. IBR 045(1); 9905; 140(2)(a) IBR 045(1). 161................................ Emergency Revision of 62 FR 45568, 8/28/97.. 140(2)(a) IBR 045(1). the Carbamate Land
Disposal Restrictions (LDR).
168................................ Hazardous Waste 63 FR 33782, 6/19/98.. 830(4)(j), 830(4)(j)(i), Combustors; Revised 830(4)(j)(ii), 830 Standards. Appendix IL. 9.; 805(7)(b)(viii). 182................................ Hazardous Air 64 FR 52828, 9/30/99 040; 670(1)(b), Pollutants Standards amended at 64 FR 670(1)(b)(i), for Combustors. 63209, 11/19/99. 670(1)(b)(ii), 670(1)(c), 670(1)(d); 680(2); 400(3)(a) IBR 045(1); 510(1)(a) IBR 045(1); 806(4)(f), 806(4)(f)(v), 806(4)(n); 830 Appendix I A.8 and I.9.; 807 Intro.; 811 IBR 045(1). 183................................ LDR Phase IV 64 FR 56469, 10/20/99. 9904; 082(1); 200(1)(f); Technical Correction. 140(2)(a) IBR 045(1). 184 \2\............................ Accumulation Time for 65 FR 12378, 3/8/00... 200(1)(e), 200(1)(f); Waste Water Treatment 200(4)(a), 200(4)(a)(i), Sludges. 200(4)(a)(ii), 200(4)(a)(iii), 200(4)(a)(iv), 200(4)(a)(iv)(A), 200(4)(a)(iv)(A)(I), 200(4)(a)(iv)(A)(II), 200(4)(a)(iv)(A)(III), 200(4)(a)(iv)(A)(III) 1st and 2nd Bullets, 200(4)(a)(iv)(B), 200(4)(a)(iv)(C), 200(4)(a)(v)(D), 200(4)(a)(iv)(E), 200(4)(b), 200(4)(c). 187................................ Petroleum Refining 64 FR 36365, 6/8/00... 9904; 140(2) IBR 045(1). Process Wastes
Clarification.
188................................ Hazardous Air 65 FR 42292, 7/10/00.. 670(1)(b)(i), Pollutant Standards; 670(1)(b)(iii); Technical Corrections. 830(4)(j)(i). 189................................ Chlorinated Aliphatics 65 FR 67068, 11/8/00.. 9904; 082(1); 082(4) IBR Listing and LDR for 045(1); 9905; 140(2)(a) Newly Identified IBR 045(1). Wastes.
192A \2\........................... Mixture and Derived 66 FR 27266, 5/16/01.. 070(2)(a), 070(2)(c)(i), From Rules Revisions. 070(2)(c)(ii), 070(2)(c)(ii)(A), 070(2)(c)(ii)(B); 071(2), 071(3)(bb), 071(3)(o); 081(3); 082(3). 192B............................... LDR Correction........ 66 FR 27266, 5/16/01.. 140(2) IBR 045(1). 193................................ Change of Official EPA 66 FR 34374, 6/28/01.. 110(3)(a). Mailing Address.
194 \2\............................ Mixture and Derived 66 FR 50332, 10/3/01.. 071(2); 081(3); and 082(3). From Rules Revision
II.
195................................ Inorganic Chemical 66 FR 58258, 11/20/01; 071(3)(kk), 071(3)(kk)(i), Manufacturing Wastes 67 FR 17119, 4/9/02. 071(3)(kk)(ii), Identification and 071(3)(kk)(iii), Listing. 071(3)(kk)(iv), 071(3)(kk)(v); 9904; 082(1), 082(4) IBR 045(1); 140(2)(a) IBR 045(1). [[Page 63256]]
196................................ Corrective Action 67 FR 2962, 1/22/02... 040; 64650(1), 64650(2); Management Unit 64640, 64640(1); 64650(3), (CAMU) Amendments. 64650(3)(a), 64650(3)(a)(i), 64650(3)(a)(ii), 64650(3)(a)(ii)(A), 64650(3)(a)(ii)(B), 64650(3)(a)(iii), 64650(3)(b), 64650(3)(c), 64650(3)(c)(i), 64650(3)(c)(ii), 64650(3)(c)(iii), 64650(3)(c)(iv), 64650(3)(d), 64650(3)(e); 64670(1), 64670(1)(a), 64670(1)(b), 64670(2); 64660(1), 64660(1)(a), 64660(1)(b), 64660(1)(c), 64660(1)(d), 64660(1)(e), 64660(1)(f), 64660(1)(g), 64660(2), 64660(2)(a), 64660(2)(b), 64660(2)(c), 64660(3), 64660(3)(a), 64660(3)(b), 64660(3)(c), 64660(3)(c)(i), 64660(3)(c)(ii), 64660(3)(c)(ii)(A), 64660(3)(c)(ii)(B), 64660(3)(d), 64660(3)(d)(i), 64660(3)(d)(i)(A), 64660(3)(d)(i)(A)(I), 64660(3)(d)(i)(A)(II), 64660(3)(d)(i)(B), 64660(3)(d)(i)(C), 64660(3)(d)(ii), 64660(3)(d)(iii), 64660(3)(d)(iv), 64660(3)(d)(iv)(A), 64660(3)(d)(iv)(B), 64660(3)(d)(iv)(C), 64660(3)(d)(iv)(D), 64660(3)(d)(iv)(E), 64660(3)(d)(iv)(F), 64660(3)(d)(v), 64660(3)(d)(v)(A), 64660(3)(d)(v)(B), 64660(3)(d)(v)(C), 64660(3)(d)(v)(D), 64660(3)(d)(v)(E), 64660(3)(d)(v)(E)(I), 64660(3)(d)(v)(E)(II), 64660(3)(d)(v)(E)(III), 64660(3)(d)(v)(E)(IV), 64660(3)(d)(v)(E)(V), 64660(3)(d)(vi), 64660(3)(d)(vii), 64660(3)(e), 64660(3)(e)(i), 64660(3)(e)(ii), 64660(3)(e)(iii), 64660(3)(f), 64660(3)(f)(iv), 64660(3)(f)(i), 64660(3)(f)(i)(A), 64660(3)(f)(i)(B), 64660(3)(f)(ii), 64660(3)(f)(ii)(A), 64660(3)(f)(ii)(B), 64660(3)(f)(ii)(C), 64660(3)(f)(ii)(D), 64660(3)(f)(ii)(E), 64660(3)(f)(ii)(F), 64660(3)(f)(iii), 64660(3)(f)(iii)(A), 64660(3)(f)(iii)(A)(I), 64660(3)(f)(iii)(A)(II), 64660(3)(f)(iii)(A)(III), 64660(3)(f)(iii)(A)(IV), 64660(3)(f)(iii)(A)(V), 64660(3)(f)(iii)(B), 64660(3)(f)(iv), 64660(4), 64660(4)(a), 64660(4)(b), 64660(4)(b)(i), 64660(4)(b)(ii), 64660(5), 64660(6), 64660(7), 64660(8); 64650(4); 64690 IBR 045(1); 646910(1), 646910(1)(a), 646910(1)(b), 646910(1)(b)(i), 646910(1)(b)(ii), 646910(1)(b)(iii), 646910(1)(c), 646910(2), 646910(3), 646910(4), 646910(5), 646910(5)(a), 646910(5)(b), 646910(5)(c), 646910(5)(d), 646910(5)(e), 646910(5)(f), 646910(6), 646910(7). 197................................ Hazardous Air 67 FR 6792, 2/13/02... 670(1)(b)(i), Pollutant Standards 670(1)(b)(iv), for Combustors: 670(1)(b)(iv)(A), Interim Standards. 670(1)(b)(iv)(B); 400(3)(a) IBR 045(1); 806(4)(f)(v), 806(4)(n); 807 Introduction; 811 IBR 045(1); 841 IBR 045(1). 198................................ Hazardous Air 67 FR 6968, 2/14/02... 510(1)(a) IBR 045(1); Pollutant Standards 830(4)(j)(i). for Combustors:
Corrections.
200................................ Zinc Fertilizer Rule.. 67 FR 48393, 7/24/02.. 071(3), 071(3)(pp), 071(3)(pp)(i), 071(3)(pp)(i)(A), 071(3)(pp)(i)(B), 071(3)(pp)(ii), 071(3)(pp)(iii), 071(3)(pp)(iii)(A), 071(3)(pp)(iii)(B), 071(3)(pp)(iii)(C), 071(3)(pp)(iii)(D), 071(3)(pp)(iii)(E), 071(3)(pp)(iii)(F); 505(1)(b)(i), 505(1)(b)(iii), 505(1)(b)(iii)(A), 505(1)(b)(iii)(B); 140(2)(a) IBR 045(1). 201................................ Treatment Variance for 67 FR 62618, 10/7/02.. 140(2)(a) IBR 045(1). Radioactively
Contaminated
Batteries.
202................................ Hazardous Air 67 FR 77687, 12/19/02. 806(4)(f)(v), 806(4)(n); Pollutant Standards 807 Introduction; 811 IBR for Combustors: 045(1). Corrections 2.
204 \2\, 204.1 \2\................. Performance Track and 69 FR 21737, 4/22/04 200(5) IBR 045(1), Amendments. amended 69 FR 62217, 200(5)(a), 200(5)(b), 10/25/04. 200(5)(c), 200(5)(d), 200(5)(e). [[Page 63257]]
209 \2\............................ Mercury Containing 70 FR 45508, 8/5/05... 040; 077(2), 077(3); Equipment, Universal 600(3)(o)(ii), Waste. 600(3)(o)(iii); 400(2)(c)(xi)(B), 400(2)(c)(xi)(C); 573(4)(d) IBR 045(1); 800(7)(c)(iii)(B), 800(7)(c)(iii)(C); 573(3)(a), 573(3)(b), 573(3)(b)(i), 573(3)(b)(ii), 573(3)(c)(i), 573(3)(c)(ii), 573(4)(a), 573(4)(b), 573(4)(b)(i), 573(4)(b)(ii), 573(4)(c)(i), 573(4)(c)(ii); 573(9)(b), 573(9)(b)(i), 573(9)(b)(ii), 573(9)(b)(ii)(A)(H), 573(9)(b)(iii)(A), 573(9)(b)(iii)(A)(I), 573(9)(b)(iii) (9)(A)(II), 573(9)(b)(iii)(B), 573(9)(b)(iii)(C), 573(10)(b), 573(10)(c), 573(11)(c)(ii), 573(19)(b)(iv), 573(19)(b)(v), 573(20)(b), 573(20)(b)(i), 573(20)(b)(ii), 573(20)(b)(ii)(A)(H), 573(20)(b)(iii)(A), 573(20)(b)(iii)(A)(I), 573(20)(b)(iii)(A)(II), 573(20)(b)(iii)(B), 573(20)(b)(iii)(C), 573(21)(b), 573(21)(c), 573(22)(c)(ii), 573(26)(a)(ii), 573(26)(b)(ii), 573(37)(a)(ii). 13, 79 (Consolidated Checklist C2). Identification and 50 FR 614, 1/4/85; 120(4). Listing of Hazardous amended 50 FR 14216, WasteRecycling 4/11/85 and 50 FR Facility Requirements. 33541, 8/20/85; 55 FR 25454, 6/21/90. IVA, IVB, 34, 64, 78, 102 Standards for Owners 45 FR 33232, 5/19/80; 300(1), 300(2); 040. (Consolidated Checklist C5/C6). and Operators of 51 FR 40572, 11/7/86 Hazardous Waste amended 52 FR 21010, Treatment Storage and 6/4/87; 54 FR 33376, Disposal Facilities 8/14/89; 55 FR 22520, Waste Analysis Plan. 6/1/90; 57 FR 8086, 3/ 6/92. V, 13, 71 (Consolidated Checklist Permits by Rule 48 FR 14228, 4/12/83, 802(5)(a), 802(5)(b); 040. C9 \2\). Subpart FSpecial amended 48 FR 30113, Forms of Permits. 6/30/83; 50 FR 614, 1/ 4/85; amended 50 FR 14216, 4/11/85 and 50 FR 33541, 8/20/85; 55 FR 2322, 1/23/90. 54, 85, 94, 168, 188, 198 Hazardous Waste 53 FR 37912, 9/28/88 830(4)(g), 830(4)(g)(i), (Consolidated Checklist C9). Management amended 53 FR 41649, 830(4)(g)(i)(A), FacilitiesBoilers 10/24/88; 56 FR 7134, 830(4)(g)(i)(B), and Industrial 2/21/91; 56 FR 32688, 830(4)(g)(i)(C), Furnaces. 7/17/91; 63 FR 33782, 830(4)(g)(i)(D), 6/19/98; 65 FR 42292, 830(4)(g)(i)(E), 7/10/00; amended 66 830(4)(j), 830(4)(j)(i), FR 24270, 5/14/01 and 830(4)(j)(ii). 66 FR 35087, 7/3/01; 67 FR 6968, 2/14/02. \1\ For further discussion on where the revised State rules differ from the Federal rules refer to Section G. below, the authorization revision application, and the administrative record for this decision. \2\ State rule contains some more stringent provisions. For identification of more stringent State provisions refer to the authorization revision application and the administrative record for this decision. \3\ State requested authorization for portions of the Federal regulation. For identification of which portions are authorized refer to the authorization revision application and the administrative record for this decision.
\4\ Checklists generally reflect changes made to the Federal regulations pursuant to a particular Federal Register notice and EPA publishes these Checklists as aids for States to use for the development of their authorization application. (See EPA's RCRA State Authorization Web page at http://www.epa.gov/epaoswer/ hazwaste/state/rcra.)
Table 2.State Initiated Changes
State requirement and reason for change Analogous Federal 40 CFR (WAC 173303* * *) citation\1\ 40 ``Partial closure'' definition, 260.10.
Internal citation corrected.
045(1), Date of incorporation by No direct federal analog. reference updated.
045(2)(a) Federal citation for a 260.20260.22.
delegable provision moved to next sub
subsection.
045(2)(b), Citation corrected.......... 264.301(l).
045(2)(c), Citation corrected.......... 268.5, 268.6, 268.1014, 268.42(b), 268.44 except 268.44(a)(g).
045(3), Clarification of delegable 260.2022.
federal citation not incorporated by
reference.
045(4), New subsectionsubstitution of No direct federal analog. state for federal terms.
060(1), Clarification of ID 262.12(a)&(c).
issuance and stateonly transfer
facility registration number issuance.
060(2), Corrections for new form name.. 262.12(b).
060(5), Corrections for new form name.. 262.12 related.
070(2)(c), Hazardous debris exclusion 261.3(f).
moved to 071(3)(qq).
070(7)(c)(ii), Citation added.......... 261.5(c) and 262.10 related. 070(8)(b)(iii)(C), Citation updated.... 261.5(f)(3) & 261.5(g)(3) related.
070(8)(d), Clarification of application 261.6(a)(4).
of used oil standards to CESQGs.
071(3)(k), Citation corrected.......... No direct federal analog. [[Page 63258]]
071(3)(o), SIC changed to NAIC Codes... 261.3(c)(2)(ii)(A). 071(3)(cc), SIC changed to NAIC Codes.. 261.4(a)(12).
071(3)(hh), SIC changed to NAIC Codes.. 261.4(a)(18).
071(3)(nn), Stateonly drug exclusion.. No direct federal analog. 081(3), Clarification of ``mixture'' 261.3(c).
language.
082(3), Clarification of ``mixture'' 261.3(b)(2).
language.
090(5)(a)(iii), Citation deletion to 261.21.
conform to federal rule.
100(5)(b)(i), Clarification............ No direct federal analog. 100(6), Publication reference update... No direct federal analog. 100(6)(d), Obsolete reference deleted.. No direct federal analog. 104, Stateonly waste codes identified No direct federal analog. in one location.
110(3)(g)(vii), Spelling correction and 260.11(a)(15).
year update.
120(3)................................. 261.6(a)(2).
120(4)................................. 261.6(c)(1).
120(4)(c)(v)(viii).................... 261.6(c)(2).
Closure requirements for recycling and
used oil facilities (new in 2005).
140(2)(a), Citation added Clarification Part 268.
161(6), 5 years added as retention No direct federal analog. period for labpacks.
170(5), Citations corrected............ 262.10(i).
190(5)(b), Marking directions corrected No direct federal analog 262.30 260.33 related.
200(1)(b)(i)&(ii), Citation corrected.. 262.34(a)(1) intro and (a)(1)(i) & (ii). 200(1)(b)(ii)&(iii), Stress of 262.34(a)(1) intro and installation added for equivalence (a)(1)(ii) & (iii). with federal rule.
200(1)(b)(iv)(B), Citation added for 262.34(a)(1)(iv) paragraph equivalence with federal rule at un following (B).
numbered paragraph following (B).
200(1)(e)(i), Citation added for 262.34(a)(4).
equivalence with federal rule.
201(2)(e), Citations corrected; 262.34(d).
generators of between 220 and 2200
pounds are subject to secondary
containment.
210(2), Corrections for new form name.. 262.40(b).
240(6)(a), Corrections for new form 263.12 related.
name.
283(2), Citation corrected............. No direct federal analog. 290(1)(a)(i) through (vi), Subsection 264/265.12(a).
renumbered.
320(2)(a), Edit for clarity............ 264/265.15 except (b)(4)&(d). 380(1)(i), (j), (k), (l), (m), (n), 264.73(b)(8), (9), (10), (11), (o), Citations corrected. (12), (13), (14), (15), and (16).
380(1)(p), Reference added............. 264.73(b)(17).
390(1), Deleted obsolete form title.... 264/265 Intro.
395(1)(d), Uniform Fire Code changed to 264/265.17.
International Fire Code.
400(3)(c)(ix), Closure notification 265.112(d)(1) related. clarified.
400(3)(c)(xi)(C) & (G), Citations 265 related.
corrected.
500(1), Reference to 120(3) & (5) added No federal analog. 505(1) Intro, Reference to 120(3) added No direct federal analog. 505(1)(b), State fertilizer No direct federal analog. registration requirements moved from
(1)(b)(i) to (1)(b)(iv).
506(1), Reference to 120(3) added...... 261.4(b)(12).
510(1), Reference to 120(3) added...... 266.30(a) (1990 CFR). 510(1)(b)(i)(B) and Note, 266.30(b) intro and (b)(1) Clarification; Previous (C) deleted (1990 CFR) 266.100(b)(1) (1999 and consolidated into (B) References CFR).
to stateonly W001 removed.
515(5)(a), State waste code W001 279.12.
changed to WPCB.
515(9)(a), Closure requirements for 279.52 related.
recycling and used oil facilities (new
in 2005).
515(13), Used oil testing (new 279 related.
subsection).
520 Intro, Reference to 120(3) added... 266.80(a).
522(1), Reference to 120(3) added...... No federal analog. 525(1), Reference to 120(3) added...... 266.70 except 266.70(v)(3). 600(3)(e), Citation correction......... 270.1(c)(2) 264.1(b). 600(3)(g), Citation correction......... 270.1(c)(2) 264.1(b). 610(1)(c), (previous ``c'' became ``d'' 264.110 related.
& ``d'' became ``e'') Closure
requirements for recycling and used
oil facilities (new in 2005).
610(2)(b)(i), Closure standard wording 264.111(c).
corrected.
610(3)(c)(i), Closure notification 264.112(d).
clarified.
610(12) New subsection, Closure 264.112 related.
requirements for recycling and used
oil facilities (new in 2005).
620(1)(e) New subsubsection, Closure 264.140 related.
requirements for recycling and used
oil facilities (new in 2005).
620(2)(a), Closure requirements for 264.141(a)(e) related. recycling and used oil facilities (new
in 2005); Closure plan definition
modified to include recycling and used
oil processors.
620(3), New unnumbered exception 264.142 related.
paragraph, Closure requirements for
recycling and used oil facilities (new
in 2005).
620(4)(a), Reference to used oil and 264.143 related.
recycling facilities added, Closure
requirements for recycling and used
oil facilities (new in 2005).
620(4)(b), Clarification............... 264.143.
[[Page 63259]]
620(4)(c), New subsubsection, Closure No direct federal analog. requirements for recycling and used
oil facilities (new in 2005).
620(6)(a)(i), Partially funded trust 264.145.
funds no longer allowed for closure.
620(6)(a)(v), Minimum ratings of 264.145.
financial strength for financial and
insurance institutions required.
620(6)(a)(vi), Minimum tangible net 264.145.
worth increased to $20M.
620(8)(a), Closure requirements for 264.147(a).
recycling and used oil facilities (new
in 2005); Liability requirements
modified to apply to recyclers and
used oil processors.
620(8)(a)(i), Minimum ratings of 264.147(a).
financial strength for financial and
insurance institutions required.
620(8)(a)(ii), Allow Ecology to file 264.147(a).
claims against liability insurance.
620(8)(a)(iii), Minimum tangible net 264.147(a).
worth increased to $20M.
620(8)(b)&(f), Citations corrected..... 264.147(b), 264.147(f)(j). 630(8)(a) and (b), Uniform Fire Code 264.176.
references changed to International
Fire Code.
640(2)(c)(iv)(B) Note, Reference to 264.191(b)(5)(ii), Note. obsolete guidance replaced with list
of publications that may be used.
640(4)(i), Citations corrected......... 264.193.
640(4)(i)(iii) Note, Reference to 264.193.
obsolete guidance replaced with list
of publications that may be used.
640(7)(d)(i)(iii), (ii) and (iii) 264.196.
deleted; Spill requirements modified
must be reported immediately.
640(7)(d)(i)(F), Section 360 applies in 264.196.
the event of emergency.
645(1)(a)(ii), Citations corrected..... 264.90(a).
645(10)(h) Lettering corrected, (h) was 264.99.
added as a reserved subsubsection
since it had been missing from
previous text. No text is missing. Two
federal provisions (g) and (h) are
combined at (g) in the State rules.
64690 (previous 646(8)), Clarification 264.554.
that ``director'' means ``department''.
670(1)(c)(i)(ii)...................... 264.340(b) & (c).
670(1)(c)(iii)......................... 264.340 related.
670(1)(d).............................. 264.340(d).
Relettered from (b) to (c) and (c) to
(d) to accommodated new (b).
680(3), Citation corrected............. 264.602.
690(1)(c), Citation clarified.......... 264.1030(c).
691(1)(b) Intro, Citation clarified.... 264.1050(b) intro. 691(1)(c), Paragraph updated........... 264.1050(c).
692(2) Note, Citations corrected....... 264.10811091.
802(3), Citation corrected............. 270.60(b).
802(4)(c)(viii), Citation corrected.... 270.60(c).
803(3)(c), SIC changed to NAIC Codes... 270.13.
805(7)(a)(v), Citation correction...... 270.72(a)(5).
806(6), Note added..................... 270.10(h).
830 Appendix I6. and 7.a. & b., 270.42 Appendix I.
Citations corrected.
830 Appendix IN.1. and 2., Citations 270.42 Appendix I.
corrected.
910(1)(c), Minimum public comment 260.20(c).
period reduced from 45 to 21 days.
910(6)(f)(i), Minimum public comment 268 related.
period reduced from 45 to 21 days.
960, Changed to be consistent with RCRA 7003 related. Hazardous Waste Management Act.
9904 State sources, State PCB waste 261.31(a), 261.32. code changed from W001 to WPCB.
\1\ Reference to ``No direct federal analog'' is for informational purposes and is not authorized.
H. Where Are the Revised State Rules Different From the Federal Rules?

Under RCRA 3009, 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 EPA.

This section discusses certain rules where EPA has made the finding that the State program is more stringent and will be authorized; it discusses those State rules which are being authorized as different but equivalent to the Federal program; it discusses those rules 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. EPA does not delegate import/export functions. Under RCRA regulations found in 40 CFR part 262, EPA will continue to implement requirements for import/export functions. The State amended its import and export rules to include 40 CFR part 262, subpart H in accordance with the [[Page 63260]]
Federal rule on Imports and Exports Regulations of Hazardous Waste: Implementation of Organization for Economic Cooperation and Development (OECD) Council Decision (61 FR 16290, 4/12/96). The State's counterpart to this Federal rule is found at WAC 173303120(6), although EPA will continue to implement those requirements. Not all program differences are discussed in this section because Washington writes its own version of the Federal hazardous waste rules. Persons must consult Tables 1 and 2, in Section G above, for the specific State regulations that EPA is authorizing in this final rule.

1. More Stringent

States are allowed to seek authorization for State requirements that are more stringent than Federal requirements. EPA has authority to authorize and enforce those parts of a State's program EPA finds to be more stringent than the Federal program. This section does not discuss each more stringent finding made by EPA, but persons can locate such sections by consulting Table 1 in Section G above, as well as by reviewing the docket for this rule. The State program is authorized for each more stringent requirement as part of this rulemaking.

The State revised its previouslyauthorized permitsbyrule provision at WAC173303802(5)(a) and (5)(b) to allow offsite dangerous waste, including federallyregulated waste, to be received at a wastewater treatment unit. These State provisions are considered broader in scope for Stateonly wastes and more stringent for the federallyregulated wastes since the State rule includes additional safeguards that the Federal requirements found at 40 CFR 270.1(c)(2(iv) and (v) do not include, such as: (1) Requirement that the source of the wastewater be identified; (2) requirement that the generator keep an operating record when federallyregulated wastes are received from off site, and (3) requirement that wastewater received from offsite be generated within the same industry and be able to be effectively treated by the wastewater treatment unit.

The State adopted portions of the Federal MercuryContaining Equipment, Universal Waste Rule (70 FR 45508, 8/5/05). The State's rule is based on EPA's proposed rule (67 FR 40508, 6/12/02) and until the State revises its rules to include the changes EPA made with its final rule (70 FR 45508, 8/5/05) the State's program will be more stringent than the Federal program. The State's rule is more stringent because it does not include the following Federal provisions: the definition for ``ampule'' (40 CFR 260.10); merging ``mercurycontaining thermostats'' with ``mercurycontaining equipment'' into one universal waste category (40 CFR 260.10); and revised waste management standards for mercury containing equipment that have open housings instead of ampules (40 CFR 273.13). Additionally, the State's definitions of small and large quantity handler of universal waste found at WAC 173303040 are more stringent than the Federal rule (40 CFR 273.9) because (1) the State's rule regulates universal waste lamps at a lower accumulation threshold than the Federal requirement and (2) the State's rule does not include the Federal language that allows equipment with noncontained elemental mercury to be managed as universal waste.

The State incorporated by reference most of the Federal Performance Track Rule (69 FR 21737, 4/22/04) into State law (WAC 173303200(5)). However, there are some Federal provisions for which the State included its own internal citations, which include the following more stringent requirements: aisle space requirement for containers (WAC 173303 630(5)(c)); risk labeling (WAC 173303200(1)(d)); verification of training (WAC 173303300(2)(c)); cause of incident (WAC 173303 360(2)(k)(viii)); and description of corrective action taken to prevent reoccurrence of the incident (WAC173303360(2)(k)(ix)); and the requirement that drip pads remain subject to closure standards (WAC 173303675(6)(b)).

We also consider the State's new requirement for accumulating dangerous waste onsite for waste water treatment sludges (WAC 173303 200(1)(e) and (f)) to be more stringent than the Federal requirement (40 CFR 262.34(a)(4)) because the State ruleunlike the Federal rule requires compliance with ``general inspections'' (WAC 173303320) in addition to the other Federal requirements.

The State's revised mixture rules (WAC 173303071(2); 081(3); and 082(3)) are more stringent than the Federal rules because the State rules do not include all of the Federal wastewater mixture exclusions as identified in the Federal Mixture and DerivedFrom Rule Revisions (66 FR 27266, 516/01; and 66 FR 50332, 10/3/01).

2. Different But Equivalent

The following State requirements are different than the Federal requirements, but EPA has determined that they are nevertheless equivalent to the Federal program.

In 2005, the State enacted its Hazardous Waste Facilities Initiative (HWFI), which among other things makes many recycling activities subject to closure plan requirements, pollution liability coverage requirements, and financial assurance requirements. In contrast, under the Federal rules, hazardous waste recycling activities are generally exempt from hazardous waste requirements and therefore are not subject to closure plans, pollution liability coverage and financial assurance. Additionally, the State amended its previously authorized provision (WAC 173303120(4)) to be more similar to the Federal rule (40 CFR 261.6(c)(2)) in that the State removed the provision that specified that recyclable materials would be considered stored unless they were moved into an active recycling process within 24 hours The State revised its rule so that it can determine on a case bycase basis whether recyclable materials received from offsite are not stored if they are moved into an active recycling process in a period of time not to exceed 72 hours. While the Federal analog does not specify a timeframe after which holding recyclable materials is considered storage, EPA Region 1 authorized the State of Vermont for a similar provision (see 64 FR 51702, September 24, 1999), stating ``EPA has previously agreed that States administering the RCRA program have some discretion to determine that short periods of accumulation by recyclers of incoming material do not constitute storage and would not trigger the RCRA storage permitting requirements''. Region 1 determined that Vermont's rule, which allows up to three days without a storage permit, was equivalent to the Federal program and therefore federally approvable. Based on the Vermont authorization and based on the fact that Washington's comprehensive recycling program approach will result in significantly better environmental performance by affected facilities, EPA has determined Washington's rule to be equivalent to the Federal program and federally approvable.

The State revised its previouslyauthorized waste analysis plan requirements at WAC 173303300(1) and (2). The State amended its rule to provide clarity for Treatment, Storage and Disposal (TSD) facilities. The State rule is worded differently than the Federal rule at 40 CFR 264.13(a)(1) and (2); however, we consider it to be equivalent to the Federal program. While the Federal rule states that a TSD facility must obtain a detailed chemical
[[Page 63261]]
and physical analysis of a representative sample of the waste, 40 CFR 264.13(2) states that the analysis may include data developed under 40 CFR part 261 and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes. Federal guidance allows the use of knowledge rather than direct testing under certain circumstances (Waste Analysis at Facilities That Generate, Treat, Store, and Dispose of Hazardous WasteA Guidance Manual OSWER 9938.403, April 1994). Therefore, the State amended its rule to require documentation when a TSD facility relies upon such knowledge other than testing. The State rule clarifies when the use of knowledge, as defined in WAC 173303040, is acceptable, and requires
documentation to ensure that such knowledge is sufficient and used appropriately. Overall, EPA believes that the State rule ensures that wastes will be properly designated and managed in a safe and protective manner, and therefore we have determined that the State rule is equivalent to the Federal program.

3. Broader in Scope

States are not allowed to seek authorization for State requirements that are broader in scope than Federal requirements. EPA does not have authority to authorize and enforce those parts of a State's program EPA finds to be broader in scope than the Federal program. However, they remain part of the State's hazardous waste program and the regulated community must comply with them in accordance with State law. Such rules are identified in the State's authorization revision application, and include, but are not limited to, the following:

The State adopted the Federal Zinc Fertilizer Rule (67 FR 48393, 7/ 24/02) but did not adopt the Federal exclusions found at 40 CFR 261.4(a)(20) and (21) for hazardous secondary materials used to make zinc fertilizers. Therefore, the State rule as applied to waste excluded under Federal rules is broader in scope than the Federal requirements. Additionally, the State added a Stateonly provision at WAC 173303505(1)(b)(iv) for wastederived fertilizer registration which is not a Federal requirement and is considered broader in scope than the Federal program.

The State adopted the Federal Hazardous Waste Combustors Revised Standards (63 FR 33782, 6/19/98) but did not adopt the Federal comparable or syngas fuel exclusion (40 CFR 261.38), and therefore is broader in scope as applied to waste excluded under the Federal rules because the State rule considers these wastes to be solid wastes. 4. Partial Rules Adopted

In addition to the program differences described above, the State's program has also elected to adopt portions of the following Federal rules. We have found the State portions to these Federal rules to be consistent with and equivalent to the Federal program.

The State's program includes those requirements of the Federal Waste Minimization Rule (50 FR 28702, 7/15/95) that are applicable to owners and operators of hazardous waste TSD facilities. The Federal waste minimization requirements applicable to generators (40 CFR 262.41(a)(6)(8)) were not adopted by the State because generators must comply with the Stateonly pollution prevention planning requirements.

EPA implements the Boilers and Industrial Furnaces (BIF) program in Washington State under its HSWA authority, although in order to fully implement the BIF program the State must adopt and receive authorization for the NonHSWA Federal BIF requirements. In this action, the State is not seeking authorization for the BIF program (40 CFR 266.102 through 40 CFR 266.111). Although, the State did not adopt these Federal provisions, it did adopt the NonHSWA Federal permit modification provisions (40 CFR 270.42(g) and 40 CFR 270.42(j)) related to boilers and industrial furnaces (WAC 173303830(4)(g) and WAC 173 303830(4)(j)).

5. Renumbering of Corrective Action Requirements

In addition to authorizing the State's corrective action management unit (CAMU) amendments, as identified in Table 1, Section G above, the State regulations for corrective action that were located at WAC 173 303646 have been renumbered and restructured into eleven new sections. See table at WAC 173303646 for crossreferences between new and previous State corrective action citations.
I. Who Handles Permits After This Authorization Takes Effect?

After authorization, Washington will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits that were issued prior to the effective date of this authorization. EPA will not issue any new permits or new portions of permits for the provisions listed in Section G after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Washington is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in Washington?

EPA's decision to authorize the Washington hazardous waste 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 nontrust 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. EPA retains jurisdiction over ``Indian Country''. Effective October 22, 1998 (63 FR 50531, 9/22/98) Washington's State program was authorized to implement the State authorized program on the nontrust lands within the 1873 Survey Area of the Puyallup Indian Reservation. The authorization did not extend to trust lands within the reservation. EPA retains its authority to implement RCRA on trust lands and over Indians and Indian activities within the 1873 Survey Area.
K. What Is Codification and Is EPA Codifying Washington'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. EPA does this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart WW, for this authorization of Washington's program revisions until a later date.

II. Statutory and Executive Order Reviews

This rule authorizes revisions to the State of Washington'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
[[Page 63262]]
regulatory action'' as one that is likely to result in

FOR FURTHER INFORMATION CONTACT Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT122, Seattle, Washington 98101, phone number (206) 5536502, fax number (206) 5538509, email: kocourek.nina@epa.gov; or Patricia Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington 98503, phone (360) 4076756, email: pher461@ecy.wa.gov.