Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program, 11132-11135 [05-4342]

Download as PDF 11132 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Rules and Regulations Name of nonregulatory SIP provision Applicable geographic or non-attainment area State submittal date/ adopted date EPA approval date and citation 5 V. Stack Height Demonstration Analysis ....... Statewide ................... 6/7/89, 54 FR 24334. VI. Commitment to revise stack height rules in response to NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). VII. PM10 Committal SIP ............................... VIII. Small Business Assistance Program ..... Statewide ................... Submitted: 8/20/96 and 12/3/86. Submitted: 5/11/88 ..... IX. Commitment regarding permit exceedences of the PM10 standard in Rapid City. Rapid City .................. Submitted: 7/12/88 ..... Submitted: 11/10/92 and 4/1/94. Submitted: 7/19/95 ..... 10/5/90, 55 FR 4083.1 10/25/94, 59 FR 53589. 6/10/02, 67 FR 39619. Statewide ................... Statewide ................... Explanations 9/2/88, 53 FR 34077. 5 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. [FR Doc. 05–4338 Filed 3–7–05; 8:45 am] I. Incorporation by Reference BILLING CODE 6560–50–P A. What Is Codification? ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 272 [FRL–7877–4] Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: The Resource Conservation and Recovery Act, as amended (RCRA), allows EPA to authorize State hazardous waste management programs if EPA finds that such programs are equivalent and consistent with the Federal program and provide adequate enforcement of compliance. Title 40 of the Code of Federal Regulations (CFR) part 272 is used by EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions of the State statutes and regulations that are subject to EPA’s inspection and enforcement authorities as authorized provisions of the State’s program. This final rule revises the codification of the Idaho authorized program. DATES: This final rule is effective on March 8, 2005. The incorporation by reference of authorized provisions in the Idaho statutes and regulations contained in this rule is approved by the Director of the Federal Register as of March 8, 2005, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM–122, Seattle, WA 98101, e-mail: hunt.jeff@epa.gov, phone number (206) 553–0256. SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 11:16 Mar 07, 2005 Jkt 205001 Codification is the process of including the statutes and regulations that comprise the State’s authorized hazardous waste management program in the CFR. Section 3006(b) of RCRA, as amended, allows the Environmental Protection Agency (EPA) to authorize State hazardous waste management programs. The State regulations authorized by EPA supplant the federal regulations concerning the same matter with the result that after authorization EPA enforces the authorized regulations. Infrequently, State statutory language which acts to regulate a matter is also authorized by EPA with the consequence that EPA enforces the authorized statutory provision. EPA does not authorize State enforcement authorities and does not authorize State procedural requirements. EPA codifies the authorized State program in 40 CFR part 272 and incorporates by reference State statutes and regulations that make up the approved program which is federally enforceable. EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013 and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable statutory and regulatory provisions. Today’s action codifies EPA’s authorization of revisions to Idaho’s hazardous waste management program. This codification reflects the State program in effect at the time EPA authorized revisions to the Idaho hazardous waste management program in a final rule dated March 10, 2004 (69 FR 11322). Notice and an opportunity for comment regarding the revisions to the authorized State program were provided to the public at the time those revisions were proposed. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 B. What Is the History of the Authorization and Codification of Idaho’s Hazardous Waste Management Program? Idaho initially received final authorization for its hazardous waste management program, effective April 9, 1990 (55 FR 11015). Subsequently, EPA authorized revisions to the State’s program effective June 5, 1992 (57 FR 11580), August 10, 1992 (57 FR 24757), June 11, 1995 (60 FR 18549), January 19, 1999 (63 FR 56086), July 1, 2002 (67 FR 44069), and March 10, 2004 (69 FR 11322). EPA first codified Idaho’s authorized hazardous waste program effective February 4, 1991 (55 FR 50327), and updated the codification of Idaho’s program on June 5, 1992 (57 FR 11580), August 10, 1992 (57 FR 24757), and August 24, 1999 (64 FR 34133). In this action, EPA revises Subpart N of 40 CFR part 272, to include the recent authorization revision actions effective July 1, 2002 (67 FR 44069) and March 10, 2004 (69 FR 11322). C. What Decisions Have We Made in This Action? Today’s action codifies EPA’s authorization of revisions to Idaho’s hazardous waste management program. This codification incorporates by reference the most recent version of the State’s authorized hazardous waste management regulations. This action does not reopen any decision EPA previously made concerning the authorization of the State’s hazardous waste management program. EPA is incorporating by reference the authorized revisions to the Idaho hazardous waste program by revising subpart N of 40 CFR part 272. 40 CFR part 272, subpart N, § 272.651 previously incorporated by reference Idaho’s authorized hazardous waste program, as amended, through 1999. Section 272.651 also references the demonstration of adequate enforcement authority, including procedural and E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Rules and Regulations enforcement provisions, which provide the legal basis for the State’s implementation of the hazardous waste management program. In addition, § 272.651 references the Memorandum of Agreement, the Attorney General’s Statement and the Program Description which were evaluated as part of the approval process of the hazardous waste management program in accordance with subtitle C of RCRA. D. What Is the Effect of Idaho’s Codification on Enforcement? EPA retains the authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and any other applicable statutory and regulatory provisions, to undertake inspections and enforcement actions and to issue orders in all authorized States. With respect to enforcement actions, EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than the State analogues to these provisions. Therefore, the EPA is not incorporating by reference Idaho’s inspection and enforcement authorities nor are those authorities part of Idaho’s approved State program which operates in lieu of the Federal program. 40 CFR 272.651(b)(2) lists these authorities for informational purposes, and also because EPA considered them in determining the adequacy of Idaho’s enforcement authorities. This action revises this listing for informational purposes where these authorities have changed under Idaho’s revisions to State law and were considered by EPA in determining the adequacy of Idaho’s enforcement authorities. Idaho’s authority to inspect and enforce the State’s hazardous waste management program requirements continues to operate independently under State law. E. What State Provisions Are Not Part of the Codification? The public is reminded that some provisions of Idaho’s hazardous waste management program are not part of the federally authorized State program. These non-authorized provisions include: (1) Provisions that are not part of the RCRA subtitle C program because they are ‘‘broader in scope’’ than RCRA subtitle C (see 40 CFR 271.1(i)); (2) Federal rules for which Idaho is not authorized, but which have been incorporated into the State regulations because of the way the State adopted Federal regulations by reference; (3) State procedural and enforcement authorities which are necessary to establish the ability of the program to enforce compliance but which do not VerDate jul<14>2003 11:16 Mar 07, 2005 Jkt 205001 supplant the Federal statutory enforcement and procedural authorities. State provisions that are ‘‘broader in scope’’ than the Federal program are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.651(b)(3) lists the Idaho regulatory provisions which are ‘‘broader in scope’’ than the Federal program and which are not part of the authorized program being incorporated by reference. This action updates that list for ‘‘broader in scope’’ provisions. While ‘‘broader in scope’’ provisions are not part of the authorized program and cannot be enforced by EPA, the State may enforce such provisions under State law. Idaho has adopted but is not authorized for certain sections of the Post Closure rule (Standards Applicable to Owners and Operators of Closed and Closing Hazardous Waste Management Facilities: Post-Closure Permit Requirement and Closure Process; Final Rule) promulgated by EPA on October 22, 1998 (63 FR 56710). These unauthorized sections of the Post Closure rule include the State analogs to Federal citations 40 CFR 270.1(c)(7), 40 CFR 265.121, 40 CFR 265.110(c), and 40 CFR 265.118(c)(4). Additionally, Idaho is authorized for State analogs to Federal 40 CFR 264.90(e), 264.90(f), 264.110(c), 264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv), 264.140(d), 265.90(f), 265.110(d), 265.112(b)(8), 265.118(c)(5), 265.140(d), 270.1(c) introductory text, and 270.28 except where those sections reference the use of enforceable documents in the context of the Post Closure rule. Idaho did not seek, nor receive, authorization for language in those sections which state as follows: ‘‘* * * or in an enforceable document (as defined in 270.1(c)(7).’’ Therefore, these Federal amendments, included in Idaho’s adoption by reference at IDAPA 58.01.05.000, et seq., are not part of the State’s authorized program included in this codification. F. What Will Be the Effect of Codification on Federal HSWA Requirements? With respect to any requirement(s) pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has not yet been authorized and which EPA has identified as taking effect immediately in States with authorized hazardous waste management programs, EPA will enforce those Federal HSWA standards until the State is authorized for those provisions. The Codification does not affect Federal HSWA requirements for which PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 11133 the State is not authorized. EPA has authority to implement HSWA requirements in all States, including States with authorized hazardous waste management programs, until the States become authorized for such requirements or prohibitions unless EPA has identified the HSWA requirement(s) as an optional or as a less stringent requirement of the Federal program. A HSWA requirement or prohibition, unless identified by EPA as optional or as less stringent, supersedes any less stringent or inconsistent State provision which may have been previously authorized by EPA (50 FR 28702, July 15, 1985). Some existing State requirements may be similar to the HSWA requirements implemented by EPA. However, until EPA authorizes those State requirements, EPA enforces the HSWA requirements and not the State analogs. II. Statutory and Executive Order Reviews This action codifies EPA-authorized hazardous waste management requirements pursuant to RCRA Section 3006 and imposes no requirements other than those imposed by State law (see SUPPLEMENTARY INFORMATION). Therefore, this action complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866: Regulatory Planning Review—The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993). 2. Paperwork Reduction Act—This action does not impose an information collection burden under the Paperwork Reduction Act. 3. Regulatory Flexibility Act—This action codifies Idaho’s authorized hazardous waste management regulations in the CFR and does not impose new burdens on small entities. After considering the economic impacts of today’s action on small entities under the Regulatory Flexibility Act, I certify that this action will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Reform Act— Because this action codifies pre-existing requirements under State law which EPA already approved under 40 CFR part 271 and does not impose any additional enforceable duty beyond that required by State law or existing Federal law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). E:\FR\FM\08MRR1.SGM 08MRR1 11134 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Rules and Regulations 5. Executive Order 13132: Federalism—Executive Order 13132 does not apply to this action because it will not have federalism implications (i.e. substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government). This action codifies existing authorized State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments—Executive Order 13175 does not apply to this action because this action does not have tribal implications (i.e. substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes). 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks—This action is not subject to Executive Order 13045 because it is not economically significant and it does not make decisions based on environmental health or safety risks. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use—This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. 9. National Technology Transfer and Advancement Act (NTTAA)—EPA previously addressed the nonapplicability of the NTTAA in its final approvals to revisions of the State’s authorized hazardous waste management program. Section 12(d) of the NTTAA does not apply to this action. 10. Executive Order 12988—EPA has taken the necessary steps in this action to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. 11. Congressional Review Act—The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, 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. The EPA will submit a report containing this document and VerDate jul<14>2003 11:16 Mar 07, 2005 Jkt 205001 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. List of Subjects in 40 CFR Part 272 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Incorporation by reference, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply. Authority: This action is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: February 15, 2005. Ronald A. Kreizenbeck, Acting Regional Administrator, EPA Region 10. For the reasons set forth in the preamble, EPA amends 40 CFR part 272 as follows: I PART 272—APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 1. The authority citation for part 272 continues to read as follows: I Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 2. Subpart N is amended by revising § 272.651 to read as follows: I § 272.651 Idaho State-Administered Program: Final Authorization. (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Idaho has final authorization for the following elements as submitted to EPA in Idaho’s base program application for final authorization which was approved by EPA effective on April 9, 1990. Subsequent program revision applications were approved effective on June 5, 1992, August 10, 1992, June 11, 1995, January 19, 1999, July 1, 2002, and March 10, 2004. (b) The State of Idaho has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 actions, as well as in accordance with other statutory and regulatory provisions. (c) State Statutes and Regulations. (1) The Idaho statutes and regulations cited in this paragraph are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (i) The EPA-Approved Idaho Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program, March 2004. (ii) [Reserved] (2) EPA considered the following statutes and regulations in evaluating the State program but is not incorporating them herein for enforcement purposes: (i) Idaho Code (I.C.) containing the General Laws of Idaho Annotated, Title 39, Chapter 44, ‘‘Hazardous Waste Management’’, published in 2002 by the Michie Company, Law Publishers: sections 39–4404; 39–4405 (except 39– 4405(8)); 39–4406; 39–4407; 39–4408(4); 39–4409(2) (except first sentence); 39– 4409(3); 39–4409(4) (first sentence); 39– 4410; 39–4411(1); 39–4411(3); 39– 4411(6); 39–4412 through 39–4416; 39– 4418; 39–4419; 39–4421; 39–4422; and 39–4423(3)(a)&(b). (ii) Idaho Code (I.C.) containing the General Laws of Idaho Annotated, Title 39, Chapter 58, ‘‘Hazardous Waste Facility Siting Act’’, published in 2002 by the Michie Company, Law Publishers: sections 39–5804; 39–5809; 39–5810; 39–5813(2); 39–5814; 39– 5816; 39–5817; and 39–5818(1). (iii) Idaho Code (I.C.) containing the General Laws of Idaho Annotated, Volume 2, Title 9, Chapter 3, ‘‘Public Writings’’, published in 1990 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 9– 337(10); 9–337(11); 9–338; 9–339; and 9–344(2). (iv) 2002 Cumulative Pocket Supplement to the Idaho Code (I.C.), Volume 2, Title 9, Chapter 3, ‘‘Public Writing’’, published in 2002 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 9– 340A, 9–340B, and 9–343. (v) Idaho Department of Environmental Quality Rules and Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, ‘‘Rules and Standards for Hazardous Waste’’, as published July 2002: sections 58.01.05.000; 58.01.05.356.02 through 58.01.05.356.05; 58.01.05.800; 58.01.05.850; 58.01.05.996; 58.01.05.997; and 58.01.05.999. (3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Rules and Regulations part of the authorized program, are not incorporated by reference, and are not federally enforceable: (i) Idaho Code containing the General Laws of Idaho Annotated, Title 39, Chapter 44, ‘‘Hazardous Waste Management’’, published in 2002 by the Michie Company, Law Publishers: sections 39–4403(6)&(14); 39–4427; 39– 4428 and 39–4429. (ii) Idaho Code containing the General Laws of Idaho Annotated, Title 39, Chapter 58, ‘‘Hazardous Waste Siting Act’’, published in 2002 by the Michie Company, Law Publishers: section 39– 5813(3). (iii) Idaho Department of Environmental Quality Rules and Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, ‘‘Rules and Standards for Hazardous Waste’’, as published July 2002: sections 58.01.05.355; and 58.01.05.500. (4) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 10 and the State of Idaho (IDEQ), signed by the EPA Regional Administrator on August 1, 2001, although not incorporated by reference, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (5) Statement of Legal Authority. The ‘‘Attorney General’s Statement for Final Authorization,’’ signed by the Attorney General of Idaho on July 5, 1988 and revisions, supplements and addenda to that Statement, dated July 3, 1989, February 13, 1992, December 29, 1994, September 16, 1996, October 3, 1997, April 6, 2001, and September 11, 2002, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Program Description. The Program Description, and any other materials submitted as part of the original application or as supplements thereto, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. I 3. Appendix A to part 272, State Requirements, is amended by revising the listing for ‘‘Idaho’’ to read as follows: sections 39–4402; 39–4403 (except 39– 4403(6)&(14)); 39–4408(1)–(3); 39–4409(1) (except fourth and fifth sentences); 39– 4409(2) (first sentence); 39–4409(4) (except first sentence); 39–4409(5); 39–4409(6); 39– 4409(7); 39–4409(8); 39–4411(2); 39–4411(4); 39–4411(5); 39–4423 (except 39– 4423(3)(a)&(b)); and 39–4424. Idaho Code containing the General Laws of Idaho Annotated, Title 39, Chapter 58, ‘‘Hazardous Waste Facility Siting Act’’, published in 2002 by the Michie Company, Law Publishers: sections 39–5802; 39–5803; 39–5808; 39–5811; 39–5813(1); and 39– 5818(2). Copies of the Idaho statutes that are incorporated by reference are available from Michie Company, Law Publishers, 1 Town Hall Square, Charlottesville, VA 22906–7587. (b) The regulatory provisions include: Idaho Department of Environmental Quality Rules and Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, ‘‘Rules and Standards for Hazardous Waste’’, as published on July 2002: sections 58.01.05.001; 58.01.05.002; 58.01.05.003; 58.01.05.004; 58.01.05.005; 58.01.05.006; 58.01.05.007; 58.01.05.008; 58.01.05.009; 58.01.05.010; 58.01.05.011; 58.01.05.012; 58.01.05.013; 58.01.05.014; 58.01.05.015; 58.01.05.016; 58.01.05.356.01; and 58.01.05.998, except where any of those sections reference the use of enforceable documents in the context of the Post Closure rule. Idaho did not seek, nor receive, authorization for language in those sections which states as follows: ‘‘* * * or in an enforceable document (as defined in 270.1(c)(7).’’ Therefore, these Federal amendments included in Idaho’s adoption by reference at IDAPA 58.01.05.000, et seq., are not part of the State’s authorized program. Nor does Idaho’s authorized program include the Federal regulations at 40 CFR 270.1(c)(7), 40 CFR 265.121, 40 CFR 265.110(c) or 40 CFR 265.119(c)(4) because Idaho did not seek authorization for those sections. Appendix A to Part 272—State Requirements AGENCY: * * * * * Idaho (a) The statutory provisions include: Idaho Code containing the General Laws of Idaho Annotated, Title 39, Chapter 44, ‘‘Hazardous Waste Management’’, 2002: VerDate jul<14>2003 11:16 Mar 07, 2005 Jkt 205001 * * * * * [FR Doc. 05–4342 Filed 3–7–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 190, 191, 192, 193, 194, 195, 198, and 199 RIN 2137–AD77 Agency Reorganization: Nomenclature Change and Technical Amendments Pipeline and Hazardous Materials Safety Administration (PHMSA); Department of Transportation (DOT). ACTION: Final rule. SUMMARY: In accordance with the Norman Y. Mineta Research and Special Programs Improvement Act, which PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 11135 reorganized the Department’s pipeline and hazardous materials safety programs into the new Pipeline and Hazardous Materials Safety Administration (PHMSA), this document revises all references to the former Research and Special Programs Administration (RSPA) in 49 CFR parts 190 through 199 to reflect the creation of PHMSA. This document also updates the Office of Pipeline Safety’s internet and mailing addresses, docket procedures, titles, section numbers, penalty considerations and cap adjustments, terminology, and other changes conforming part 190 with the Pipeline Safety Improvement Act of 2002. The amendments made by this rule reflect the changed organizational posture of the agency and update the part 190 enforcement procedures to reflect current public law. This rule does not impose any new operating requirements on pipeline owners and operators. DATES: This final rule is effective March 8, 2005. FOR FURTHER INFORMATION CONTACT: Lawrence White, Attorney-Advisor, Pipeline and Hazardous Materials Safety Administration, Office of the Chief Counsel, 400 7th Street, SW., Washington, DC 20590. Tel: (202) 366– 4400. Fax: (202) 366–7041. E-mail: lawrence.white@dot.gov. SUPPLEMENTARY INFORMATION: Background and Summary In accordance with the Norman Y. Mineta Research and Special Programs Improvement Act (Pub. L. 108–426, 118 Stat. 2423; Nov. 30, 2004) (the ‘‘Mineta Act’’), which reorganized the Department’s pipeline and hazardous materials safety programs into the new PHMSA, this document revises all references to the former RSPA in 49 CFR parts 190–199 to reflect the creation of PHMSA. This document also makes conforming changes reflecting the enactment of the Pipeline Safety Improvement Act of 2002 (Pub. L. 107– 355, 116 Stat. 2985; Dec. 17, 2002) (the ‘‘PSI Act’’) including changes to the Office of Pipeline Safety’s (OPS’) Internet and mailing addresses, docket procedures, titles, section numbers, penalty considerations and cap adjustments, terminology, and other editorial changes to enhance the clarity and consistency of the part 190 enforcement procedures used by the agency. The amendments made by this rule reflect the changed organizational posture of the agency and update the part 190 enforcement procedures to reflect current public law. This rule does not impose any new operating E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Rules and Regulations]
[Pages 11132-11135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4342]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-7877-4]


Idaho: Incorporation by Reference of Approved State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Resource Conservation and Recovery Act, as amended (RCRA), 
allows EPA to authorize State hazardous waste management programs if 
EPA finds that such programs are equivalent and consistent with the 
Federal program and provide adequate enforcement of compliance. Title 
40 of the Code of Federal Regulations (CFR) part 272 is used by EPA to 
codify its decision to authorize individual State programs and 
incorporates by reference those provisions of the State statutes and 
regulations that are subject to EPA's inspection and enforcement 
authorities as authorized provisions of the State's program. This final 
rule revises the codification of the Idaho authorized program.

DATES: This final rule is effective on March 8, 2005. The incorporation 
by reference of authorized provisions in the Idaho statutes and 
regulations contained in this rule is approved by the Director of the 
Federal Register as of March 8, 2005, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200 
Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, e-mail: 
hunt.jeff@epa.gov, phone number (206) 553-0256.

SUPPLEMENTARY INFORMATION: 

I. Incorporation by Reference

A. What Is Codification?

    Codification is the process of including the statutes and 
regulations that comprise the State's authorized hazardous waste 
management program in the CFR. Section 3006(b) of RCRA, as amended, 
allows the Environmental Protection Agency (EPA) to authorize State 
hazardous waste management programs. The State regulations authorized 
by EPA supplant the federal regulations concerning the same matter with 
the result that after authorization EPA enforces the authorized 
regulations. Infrequently, State statutory language which acts to 
regulate a matter is also authorized by EPA with the consequence that 
EPA enforces the authorized statutory provision. EPA does not authorize 
State enforcement authorities and does not authorize State procedural 
requirements. EPA codifies the authorized State program in 40 CFR part 
272 and incorporates by reference State statutes and regulations that 
make up the approved program which is federally enforceable. EPA 
retains the authority to exercise its inspection and enforcement 
authorities in accordance with sections 3007, 3008, 3013 and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable 
statutory and regulatory provisions.
    Today's action codifies EPA's authorization of revisions to Idaho's 
hazardous waste management program. This codification reflects the 
State program in effect at the time EPA authorized revisions to the 
Idaho hazardous waste management program in a final rule dated March 
10, 2004 (69 FR 11322). Notice and an opportunity for comment regarding 
the revisions to the authorized State program were provided to the 
public at the time those revisions were proposed.

B. What Is the History of the Authorization and Codification of Idaho's 
Hazardous Waste Management Program?

    Idaho initially received final authorization for its hazardous 
waste management program, effective April 9, 1990 (55 FR 11015). 
Subsequently, EPA authorized revisions to the State's program effective 
June 5, 1992 (57 FR 11580), August 10, 1992 (57 FR 24757), June 11, 
1995 (60 FR 18549), January 19, 1999 (63 FR 56086), July 1, 2002 (67 FR 
44069), and March 10, 2004 (69 FR 11322). EPA first codified Idaho's 
authorized hazardous waste program effective February 4, 1991 (55 FR 
50327), and updated the codification of Idaho's program on June 5, 1992 
(57 FR 11580), August 10, 1992 (57 FR 24757), and August 24, 1999 (64 
FR 34133). In this action, EPA revises Subpart N of 40 CFR part 272, to 
include the recent authorization revision actions effective July 1, 
2002 (67 FR 44069) and March 10, 2004 (69 FR 11322).

C. What Decisions Have We Made in This Action?

    Today's action codifies EPA's authorization of revisions to Idaho's 
hazardous waste management program. This codification incorporates by 
reference the most recent version of the State's authorized hazardous 
waste management regulations. This action does not reopen any decision 
EPA previously made concerning the authorization of the State's 
hazardous waste management program.
    EPA is incorporating by reference the authorized revisions to the 
Idaho hazardous waste program by revising subpart N of 40 CFR part 272. 
40 CFR part 272, subpart N, Sec.  272.651 previously incorporated by 
reference Idaho's authorized hazardous waste program, as amended, 
through 1999. Section 272.651 also references the demonstration of 
adequate enforcement authority, including procedural and

[[Page 11133]]

enforcement provisions, which provide the legal basis for the State's 
implementation of the hazardous waste management program. In addition, 
Sec.  272.651 references the Memorandum of Agreement, the Attorney 
General's Statement and the Program Description which were evaluated as 
part of the approval process of the hazardous waste management program 
in accordance with subtitle C of RCRA.

D. What Is the Effect of Idaho's Codification on Enforcement?

    EPA retains the authority under statutory provisions, including but 
not limited to, RCRA sections 3007, 3008, 3013 and 7003, and any other 
applicable statutory and regulatory provisions, to undertake 
inspections and enforcement actions and to issue orders in all 
authorized States. With respect to enforcement actions, EPA will rely 
on Federal sanctions, Federal inspection authorities, and Federal 
procedures rather than the State analogues to these provisions. 
Therefore, the EPA is not incorporating by reference Idaho's inspection 
and enforcement authorities nor are those authorities part of Idaho's 
approved State program which operates in lieu of the Federal program. 
40 CFR 272.651(b)(2) lists these authorities for informational 
purposes, and also because EPA considered them in determining the 
adequacy of Idaho's enforcement authorities. This action revises this 
listing for informational purposes where these authorities have changed 
under Idaho's revisions to State law and were considered by EPA in 
determining the adequacy of Idaho's enforcement authorities. Idaho's 
authority to inspect and enforce the State's hazardous waste management 
program requirements continues to operate independently under State 
law.

E. What State Provisions Are Not Part of the Codification?

    The public is reminded that some provisions of Idaho's hazardous 
waste management program are not part of the federally authorized State 
program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Idaho is not authorized, but which have 
been incorporated into the State regulations because of the way the 
State adopted Federal regulations by reference;
    (3) State procedural and enforcement authorities which are 
necessary to establish the ability of the program to enforce compliance 
but which do not supplant the Federal statutory enforcement and 
procedural authorities.
    State provisions that are ``broader in scope'' than the Federal 
program are not incorporated by reference in 40 CFR part 272. For 
reference and clarity, 40 CFR 272.651(b)(3) lists the Idaho regulatory 
provisions which are ``broader in scope'' than the Federal program and 
which are not part of the authorized program being incorporated by 
reference. This action updates that list for ``broader in scope'' 
provisions. While ``broader in scope'' provisions are not part of the 
authorized program and cannot be enforced by EPA, the State may enforce 
such provisions under State law.
    Idaho has adopted but is not authorized for certain sections of the 
Post Closure rule (Standards Applicable to Owners and Operators of 
Closed and Closing Hazardous Waste Management Facilities: Post-Closure 
Permit Requirement and Closure Process; Final Rule) promulgated by EPA 
on October 22, 1998 (63 FR 56710). These unauthorized sections of the 
Post Closure rule include the State analogs to Federal citations 40 CFR 
270.1(c)(7), 40 CFR 265.121, 40 CFR 265.110(c), and 40 CFR 
265.118(c)(4). Additionally, Idaho is authorized for State analogs to 
Federal 40 CFR 264.90(e), 264.90(f), 264.110(c), 264.112(b)(8), 
264.112(c)(2)(iv), 264.118(b)(4), 264.118(d)(2)(iv), 264.140(d), 
265.90(f), 265.110(d), 265.112(b)(8), 265.118(c)(5), 265.140(d), 
270.1(c) introductory text, and 270.28 except where those sections 
reference the use of enforceable documents in the context of the Post 
Closure rule. Idaho did not seek, nor receive, authorization for 
language in those sections which state as follows: ``* * * or in an 
enforceable document (as defined in 270.1(c)(7).'' Therefore, these 
Federal amendments, included in Idaho's adoption by reference at IDAPA 
58.01.05.000, et seq., are not part of the State's authorized program 
included in this codification.

F. What Will Be the Effect of Codification on Federal HSWA 
Requirements?

    With respect to any requirement(s) pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet 
been authorized and which EPA has identified as taking effect 
immediately in States with authorized hazardous waste management 
programs, EPA will enforce those Federal HSWA standards until the State 
is authorized for those provisions.
    The Codification does not affect Federal HSWA requirements for 
which the State is not authorized. EPA has authority to implement HSWA 
requirements in all States, including States with authorized hazardous 
waste management programs, until the States become authorized for such 
requirements or prohibitions unless EPA has identified the HSWA 
requirement(s) as an optional or as a less stringent requirement of the 
Federal program. A HSWA requirement or prohibition, unless identified 
by EPA as optional or as less stringent, supersedes any less stringent 
or inconsistent State provision which may have been previously 
authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing State requirements may be similar to the HSWA 
requirements implemented by EPA. However, until EPA authorizes those 
State requirements, EPA enforces the HSWA requirements and not the 
State analogs.

II. Statutory and Executive Order Reviews

    This action codifies EPA-authorized hazardous waste management 
requirements pursuant to RCRA Section 3006 and imposes no requirements 
other than those imposed by State law (see SUPPLEMENTARY INFORMATION). 
Therefore, this action complies with applicable executive orders and 
statutory provisions as follows:
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget (OMB) has exempted this action from the 
requirements of Executive Order 12866 (58 FR 51735, October 4, 1993).
    2. Paperwork Reduction Act--This action does not impose an 
information collection burden under the Paperwork Reduction Act.
    3. Regulatory Flexibility Act--This action codifies Idaho's 
authorized hazardous waste management regulations in the CFR and does 
not impose new burdens on small entities. After considering the 
economic impacts of today's action on small entities under the 
Regulatory Flexibility Act, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    4. Unfunded Mandates Reform Act--Because this action codifies pre-
existing requirements under State law which EPA already approved under 
40 CFR part 271 and does not impose any additional enforceable duty 
beyond that required by State law or existing Federal law, it does not 
contain any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4).

[[Page 11134]]

    5. Executive Order 13132: Federalism--Executive Order 13132 does 
not apply to this action because it will not have federalism 
implications (i.e. substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government). This action codifies existing authorized State hazardous 
waste management program requirements without altering the relationship 
or the distribution of power and responsibilities established by RCRA.
    6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments--Executive Order 13175 does not apply to this action 
because this action does not have tribal implications (i.e. substantial 
direct effects on one or more Indian tribes, on the relationship 
between the Federal government and the Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes).
    7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks--This action is not subject to Executive Order 
13045 because it is not economically significant and it does not make 
decisions based on environmental health or safety risks.
    8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use--This action is not subject to Executive 
Order 13211 because it is not a significant regulatory action under 
Executive Order 12866.
    9. National Technology Transfer and Advancement Act (NTTAA)--EPA 
previously addressed the non-applicability of the NTTAA in its final 
approvals to revisions of the State's authorized hazardous waste 
management program. Section 12(d) of the NTTAA does not apply to this 
action.
    10. Executive Order 12988--EPA has taken the necessary steps in 
this action to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct.
    11. Congressional Review Act--The Congressional Review Act, 5 
U.S.C. 801 et seq., as added by the Small Business Regulatory 
Enforcement Fairness Act of 1996, 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. The 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.

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

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

    Dated: February 15, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, EPA Region 10.

0
For the reasons set forth in the preamble, EPA amends 40 CFR part 272 
as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Subpart N is amended by revising Sec.  272.651 to read as follows:


Sec.  272.651  Idaho State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Idaho 
has final authorization for the following elements as submitted to EPA 
in Idaho's base program application for final authorization which was 
approved by EPA effective on April 9, 1990. Subsequent program revision 
applications were approved effective on June 5, 1992, August 10, 1992, 
June 11, 1995, January 19, 1999, July 1, 2002, and March 10, 2004.
    (b) The State of Idaho has primary responsibility for enforcing its 
hazardous waste management program. However, EPA retains the authority 
to exercise its inspection and enforcement authorities in accordance 
with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 
6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory 
provisions.
    (c) State Statutes and Regulations.
    (1) The Idaho statutes and regulations cited in this paragraph are 
incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (i) The EPA-Approved Idaho Statutory and Regulatory Requirements 
Applicable to the Hazardous Waste Management Program, March 2004.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Title 39, Chapter 44, ``Hazardous Waste Management'', 
published in 2002 by the Michie Company, Law Publishers: sections 39-
4404; 39-4405 (except 39-4405(8)); 39-4406; 39-4407; 39-4408(4); 39-
4409(2) (except first sentence); 39-4409(3); 39-4409(4) (first 
sentence); 39-4410; 39-4411(1); 39-4411(3); 39-4411(6); 39-4412 through 
39-4416; 39-4418; 39-4419; 39-4421; 39-4422; and 39-4423(3)(a)&(b).
    (ii) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Title 39, Chapter 58, ``Hazardous Waste Facility Siting 
Act'', published in 2002 by the Michie Company, Law Publishers: 
sections 39-5804; 39-5809; 39-5810; 39-5813(2); 39-5814; 39-5816; 39-
5817; and 39-5818(1).
    (iii) Idaho Code (I.C.) containing the General Laws of Idaho 
Annotated, Volume 2, Title 9, Chapter 3, ``Public Writings'', published 
in 1990 by the Michie Company, Law Publishers, Charlottesville, 
Virginia: sections 9-337(10); 9-337(11); 9-338; 9-339; and 9-344(2).
    (iv) 2002 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
Volume 2, Title 9, Chapter 3, ``Public Writing'', published in 2002 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: sections 
9-340A, 9-340B, and 9-343.
    (v) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', as published July 2002: 
sections 58.01.05.000; 58.01.05.356.02 through 58.01.05.356.05; 
58.01.05.800; 58.01.05.850; 58.01.05.996; 58.01.05.997; and 
58.01.05.999.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not

[[Page 11135]]

part of the authorized program, are not incorporated by reference, and 
are not federally enforceable:
    (i) Idaho Code containing the General Laws of Idaho Annotated, 
Title 39, Chapter 44, ``Hazardous Waste Management'', published in 2002 
by the Michie Company, Law Publishers: sections 39-4403(6)&(14); 39-
4427; 39-4428 and 39-4429.
    (ii) Idaho Code containing the General Laws of Idaho Annotated, 
Title 39, Chapter 58, ``Hazardous Waste Siting Act'', published in 2002 
by the Michie Company, Law Publishers: section 39-5813(3).
    (iii) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', as published July 2002: 
sections 58.01.05.355; and 58.01.05.500.
    (4) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 10 and the State of Idaho (IDEQ), signed by the EPA Regional 
Administrator on August 1, 2001, although not incorporated by 
reference, is referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. The ``Attorney General's 
Statement for Final Authorization,'' signed by the Attorney General of 
Idaho on July 5, 1988 and revisions, supplements and addenda to that 
Statement, dated July 3, 1989, February 13, 1992, December 29, 1994, 
September 16, 1996, October 3, 1997, April 6, 2001, and September 11, 
2002, although not incorporated by reference, are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (6) Program Description. The Program Description, and any other 
materials submitted as part of the original application or as 
supplements thereto, although not incorporated by reference, are 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272, State Requirements, is amended by revising 
the listing for ``Idaho'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Idaho

    (a) The statutory provisions include:
    Idaho Code containing the General Laws of Idaho Annotated, Title 
39, Chapter 44, ``Hazardous Waste Management'', 2002: sections 39-
4402; 39-4403 (except 39-4403(6)&(14)); 39-4408(1)-(3); 39-4409(1) 
(except fourth and fifth sentences); 39-4409(2) (first sentence); 
39-4409(4) (except first sentence); 39-4409(5); 39-4409(6); 39-
4409(7); 39-4409(8); 39-4411(2); 39-4411(4); 39-4411(5); 39-4423 
(except 39-4423(3)(a)&(b)); and 39-4424.
    Idaho Code containing the General Laws of Idaho Annotated, Title 
39, Chapter 58, ``Hazardous Waste Facility Siting Act'', published 
in 2002 by the Michie Company, Law Publishers: sections 39-5802; 39-
5803; 39-5808; 39-5811; 39-5813(1); and 39-5818(2).
    Copies of the Idaho statutes that are incorporated by reference 
are available from Michie Company, Law Publishers, 1 Town Hall 
Square, Charlottesville, VA 22906-7587.
    (b) The regulatory provisions include:
    Idaho Department of Environmental Quality Rules and Regulations, 
Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, ``Rules and 
Standards for Hazardous Waste'', as published on July 2002: sections 
58.01.05.001; 58.01.05.002; 58.01.05.003; 58.01.05.004; 
58.01.05.005; 58.01.05.006; 58.01.05.007; 58.01.05.008; 
58.01.05.009; 58.01.05.010; 58.01.05.011; 58.01.05.012; 
58.01.05.013; 58.01.05.014; 58.01.05.015; 58.01.05.016; 
58.01.05.356.01; and 58.01.05.998, except where any of those 
sections reference the use of enforceable documents in the context 
of the Post Closure rule. Idaho did not seek, nor receive, 
authorization for language in those sections which states as 
follows: ``* * * or in an enforceable document (as defined in 
270.1(c)(7).'' Therefore, these Federal amendments included in 
Idaho's adoption by reference at IDAPA 58.01.05.000, et seq., are 
not part of the State's authorized program. Nor does Idaho's 
authorized program include the Federal regulations at 40 CFR 
270.1(c)(7), 40 CFR 265.121, 40 CFR 265.110(c) or 40 CFR 
265.119(c)(4) because Idaho did not seek authorization for those 
sections.
* * * * *
[FR Doc. 05-4342 Filed 3-7-05; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.