Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program, 59758-59762 [2012-23972]
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
[FR Doc. 2012–23989 Filed 9–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R10–RCRA–2011–0973; FRL–9707–1]
Idaho: Incorporation by Reference of
Approved State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Resource Conservation
and Recovery Act, as amended, (RCRA),
allows the Environmental Protection
Agency (EPA) to authorize State
hazardous waste management programs
if the EPA finds that such programs are
equivalent to and consistent with the
Federal RCRA program and if such
programs provide adequate enforcement
of compliance. The regulations are used
by the EPA to codify its decision to
authorize individual State programs and
incorporate by reference those
provisions of the State statutes and
regulations that are subject to the EPA’s
RCRA inspection and enforcement
authorities as authorized provisions of
the State’s program. This direct final
rule revises the codification of the
authorized Idaho hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s rules and regulations.
DATES: This rule is effective November
30, 2012, unless the EPA receives
adverse comment on this regulation by
the close of business October 31, 2012.
If the EPA receives such comments, the
EPA will publish a timely withdrawal of
this direct final rule in the Federal
Register informing the public that the
rule will not take effect and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to codify Idaho’s authorized
hazardous waste management program.
The Director of the Federal Register
approves this incorporation by reference
as of November 30, 2012 in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
RCRA–2011–0973 by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: kocourek.nina@epa.gov.
• Mail: Nina Kocourek, U.S. EPA,
Region 10, 1200 Sixth Avenue, Suite
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SUMMARY:
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900, Mail Stop AWT–122, Seattle, WA
98101.
• Hand Delivery: Nina Kocourek, U.S.
EPA, Region 10, 1200 Sixth Avenue,
Suite 900, Mail Stop AWT–122, Seattle,
WA 98101. Such deliveries are only
accepted during the normal business
hours of operation; special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–RCRA–2011–
0973.
The EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. For additional
information about the EPA’s public
docket visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the EPA Region 10 Library, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
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The EPA Region 10 Library is open from
9:00 a.m. to noon, and 1:00 to 4:00 p.m.
Monday through Friday, excluding legal
holidays. The EPA Region 10 Library
telephone number is (206) 553–1289.
FOR FURTHER INFORMATION CONTACT:
Nina Kocourek, U.S. EPA, Region 10,
1200 Sixth Avenue, Suite 900, Mail
Stop AWT–122, Seattle, WA 98101,
email: kocourek.nina@epa.gov, phone
number (206) 553–6502.
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
A. What is codification?
Codification is the process of
including the rules and regulations that
comprise the State’s authorized
hazardous waste management program
in the Code of Federal Regulations
(CFR). Section 3006(b) of RCRA, 42
U.S.C. 6926(b), allows the
Environmental Protection Agency to
authorize State hazardous waste
management programs. The State
regulations authorized by the EPA
supplant the federal regulations
concerning the same matter with the
result that after authorization the EPA
enforces the authorized regulations.
Infrequently, State statutory language
which acts to regulate a matter is also
authorized by the EPA with the
consequence that the EPA enforces the
authorized statutory provision. The 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. The EPA retains
independent enforcement authority
pursuant to 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.
This action codifies the EPA’s
authorization of revisions to Idaho’s
hazardous waste management program.
This direct final action codifies the State
program in effect at the time the EPA
authorized revisions to the Idaho
hazardous waste management program
in a final rule effective July 11, 2012 (77
FR 34229, June 11, 2012). Notice and an
opportunity for comment regarding
those revisions to the authorized State
program were provided to the public at
the time those revisions were proposed.
The EPA is not reopening its decision to
authorize changes to the State’s program
nor is the EPA requesting comment on
those revisions.
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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, March 26, 1990).
Subsequently, the EPA authorized
revisions to the State’s program effective
June 5, 1992 (57 FR 11580, April 6,
1992), August 10, 1992 (57 FR 24757,
June 11, 1992), June 11, 1995 (60 FR
18549, April 12, 1995), January 19, 1999
(63 FR 56086, October 21, 1998), July 1,
2002 (67 FR 44069, July 1, 2002), March
10, 2004 (69 FR 11322, March 10, 2004),
July 22, 2005 (70 FR 42273, July 22,
2005), February 26, 2007 (72 FR 8283,
February 26, 2007), December 23, 2008
(73 FR 78647, December 23, 2008), and
July 11, 2012 (77 FR 34229, June 11,
2012). The EPA first codified Idaho’s
authorized hazardous waste
management program effective February
4, 1991 (55 FR 50327, December 6,
1990), and updated the codification of
Idaho’s program effective June 5, 1992
(57 FR 11580, April 6, 1992), August 10,
1992 (57 FR 24757, June 11, 1992),
August 24, 1999 (64 FR 34133, June 25,
1999), March 8, 2005 (70 FR 11132,
March 8, 2005), April 20, 2006 (71 FR
20341, April 20, 2006), April 6, 2010 (75
FR 17309, April 6, 2010). In this action,
the EPA is revising subpart N of 40 CFR
part 272, to include the most recent
authorization revision effective July 11,
2012 (77 FR 34229, June 11, 2012).
C. What codification decisions have we
made in this rule?
This action incorporates by reference
the authorized revisions to the Idaho
hazardous waste management program
by revising subpart N of 40 CFR part
272. Previously, 40 CFR 272.651,
incorporated by reference Idaho’s
authorized hazardous waste
management program, as amended,
through 2008. Section 272.651 also
referenced the demonstration of
adequate enforcement authority,
including procedural and enforcement
provisions, which provided the legal
basis for the State’s implementation of
the hazardous waste management
program. In addition, Section 272.651
referenced 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. This action
updates those demonstrations of
adequate enforcement authority,
including procedural and enforcement
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provisions, which provide the legal
basis for the State’s implementation of
the hazardous waste management
program, as well as the Memorandum of
Agreement, the Attorney General’s
Statement and the Program Description,
all of which were evaluated as part of
the approval process for the program
revision effective on July 11, 2012 (77
FR 34229, June 11, 2012).
D. What is the effect of idaho’s
codification on enforcement?
The EPA retains its independent
enforcement authority under statutory
provisions, including but not limited to,
sections 3007, 3008, 3013 and 7003 of
RCRA, 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, the 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. The EPA
lists Idaho’s authorities for
informational purposes, and because the
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 the 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, which have been
incorporated into the State regulations
because of the way the State adopted
federal regulations by reference; and
(3) State procedural and enforcement
authorities which are necessary to
establish the ability of the program to
enforce compliance but which do not
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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(c)(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. While ‘‘broader in scope’’
provisions are not part of the authorized
program and cannot be enforced by the
EPA, the State may enforce such
provisions under State law.
F. What will be the effect of the
proposed 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 the EPA has
identified as taking effect immediately
in States with authorized hazardous
waste management programs, the EPA
will enforce those Federal HSWA
standards until the State is authorized
for those provisions.
This codification does not affect
Federal HSWA requirements for which
the State is not authorized. The 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 the
EPA has identified the HSWA
requirement(s) as an optional or as a less
stringent requirement of the Federal
Rules program. A HSWA requirement or
prohibition, unless identified by the
EPA as optional or as less stringent,
supersedes any less stringent or
inconsistent State provision which may
have been previously authorized by the
EPA (50 FR 28702, July 15, 1985).
Some existing State requirements may
be similar to the HSWA requirements
implemented by the EPA. However,
until the EPA authorizes those State
requirements, the EPA enforces the
HSWA requirements and not the State
analogs.
II. Statutory and Executive Order
Reviews
This direct final action codifies
revisions to the EPA-authorized
hazardous waste management program
in Idaho pursuant to RCRA section 3006
and imposes no requirements other than
those imposed by State law. This action
complies with applicable executive
orders and statutory provisions as
follows:
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1. Executive Order 12866 and 13563
This action will codify revisions to
the federally approved hazardous waste
management program in Idaho. This
type of action is exempt from review
under Executive Order (EO) 12866 (58
FR 51735, October 4, 1993) and EO
13563 (76 FR 3821, January 21, 2011).
2. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). This direct
final rule does not establish or modify
any information or recordkeeping
requirements for the regulated
community.
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3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA), 5 U.S.C. 601 et seq.,
generally requires Federal agencies to
prepare a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. For
purposes of assessing the impacts of this
direct final rule on small entities, small
entity is defined as: (1) A small
business, as codified in the Small
Business Size Regulations at 13 CFR
part 121; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field. The EPA has
determined that this direct final action
will not have a significant impact on
small entities because the action will
only have the effect of codifying
authorized pre-existing State law
requirements. After considering the
economic impacts of this action, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for State, local, or tribal
governments or the private sector. This
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action imposes no new enforceable duty
on any State, local or tribal governments
or the private sector. Therefore, this
action is not subject to the requirements
of sections 202 or 205 of the UMRA.
This action is also not subject to the
requirements of section 203 of the
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small government
entities.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
5. Executive Order 13132: Federalism
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272)
directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus bodies.
The NTTAA directs the EPA to provide
Congress, through the OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. The
EPA has determined that this action
does not involve ‘‘technical standards’’
as defined by the NTTAA. Therefore,
the EPA did not considering the use of
any voluntary consensus standards.
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This action
addresses the codification of the
authorized State hazardous waste
management program in Idaho.
Codification is the process of including
the rules and regulations that comprise
the State’s authorized hazardous waste
management program in the CFR. Thus,
Executive Order 13132 does not apply
to this action.
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. This action addresses the
codification of the authorized State
hazardous waste management program
in Idaho. Codification is the process of
including the rules and regulations that
comprise the State’s authorized
hazardous waste management program
in the CFR. Thus, the EPA has
determined that Executive Order 13175
does not apply to this rule.
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
(EO) 13045 (62 FR 19885, April 23,
1997) as applying only to those
regulatory actions that concern health or
safety risks, such that the analysis
required under section 5–501 of the EO
has the potential to influence the
regulation. This action is not subject to
EO 13045 because it codifies an
approved state program into the CFR.
Codification is the process of including
the rules and regulations that comprise
the State’s authorized hazardous waste
management program in the CFR.
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This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a ‘‘significant
regulatory action’’ as defined under
Executive Order 12866.
9. National Technology Transfer and
Advancement Act
10. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
action will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action addresses
codifying a revision of the authorized
hazardous waste management program
in the State of Idaho. The EPA has
determined that the action is not subject
to Executive Order 12898.
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11. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended 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. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective November 30, 2012.
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous
materials transportation, Hazardous
waste, Incorporation by reference,
Intergovernmental relations, 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 and Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 24, 2012.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
For the reasons set forth in the
preamble, the EPA amends 40 CFR part
272 as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
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).
2. Section 272.651 is revised to read
as follows:
■
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§ 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 the EPA in
Idaho’s base program application for
final authorization which was approved
by the EPA effective on April 9, 1990.
Subsequent program revision
applications were approved by the EPA
effective on June 5, 1992, August 10,
1992, June 11, 1995, January 19, 1999,
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July 1, 2002, March 10, 2004, July 22,
2005, February 26, 2007, December 23,
2008, and July 11, 2012.
(b) The State of Idaho has primary
responsibility for enforcing its
hazardous waste management program.
However, the 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 binder entitled ‘‘EPAApproved Idaho Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program’’, dated July 2012.
(ii) [Reserved]
(2) The EPA considered the following
statutes and regulations in evaluating
the State program but is not
incorporating them herein for
enforcement purposes:
(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,
Charlottesville, Virginia: sections 39–
4401; 39–4402; 39–4404; 39–4405 with
exception of 39–4405(9); 39–4406; 39–
4407; 39–4408(4); 39–4409(2) except
first sentence; 39–4409(3); 39–4409(4)
only first sentence; 39–4410; 39–
4411(1); 39–4411(3); 39–4411(6); 39–
4412; 39–4413; 39–4414; 39–4415; 39–
4416; 39–4417; 39–4418; 39–4419; 39–
4420; 39–4421; 39–4422; 39–4423(3);
and 39–4426.
(ii) 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,
Charlottesville, Virginia: sections 39–
5801; 39–5802; 39–5804; 39–5805; 39–
5806; 39–5807; 39–5809; 39–5810; 39–
5811; 39–5812; 39–5813(2); 39–5814;
39–5816; 39–5817; and 39–5818(1).
(iii) Idaho Code containing the
General Laws of Idaho Annotated,
Volume 2, Title 9, Chapter 3, ‘‘Public
Writings’’, published in 2010 by the
Michie Company, Law Publishers,
Charlottesville, Virginia: sections 9–337
et seq.; 9–338; 9–339; 9–340A; 9–340B;
9–340C; 9–340D; 9–340E; 9–340F; 9–
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340G; 9–340H; 9–341; 9–342A; 9–343;
and 9–344.
(iv) Idaho Department of
Environmental Quality Rules and
Regulations, Idaho Administrative Code,
IDAPA 58, Title 1, Chapter 5, ‘‘Rules
and Standards for Hazardous Waste’’,
published in April 2011: sections
58.01.05.000; 58.01.05.356.02;
58.01.05.356.03; 58.01.05.356.04;
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
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,
Charlottesville, Virginia: sections 39–
4403(6); 39–4403(14); 39–4403(17) only
the second and third sentences; 39–
4405(9); 39–4409(1) only the fourth and
fifth sentences; 39–4409(7); 39–4423(2);
39–4427B; 39–4427C; 39–4427D; 39–
4428; 39–4429; 39–4430; 39–4431; and
39–4432.
(ii) 2010 Cumulative Pocket
Supplement to the Idaho Code (I.C.),
containing, Title 39, Chapters 44
‘‘Hazardous Waste Management’’,
published in 2010 by the Michie
Company, Law Publishers,
Charlottesville, Virginia: section 39–
4427.
(iii) 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
Charlottesville, Virginia: section 39–
5813(3).
(iv) Idaho Department of
Environmental Quality Rules and
Regulations, Idaho Administrative Code,
IDAPA 58, Title 1, Chapter 5, ‘‘Rules
and Standards for Hazardous Waste’’,
published in April 2011: sections
58.01.05.011 only the fourth sentence;
58.01.05.355; 58.01.05.500; and
58.01.05.900.
(4) Memorandum of Agreement. The
Memorandum of Agreement between
the 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
E:\FR\FM\01OCR1.SGM
01OCR1
59762
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
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, September 11, 2002,
September 22, 2004, June 13, 2006,
September 29, 2006, June 23, 2008, and
October 14, 2011, including clarification
letter dated July 12, 2012, 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.
3. Appendix A to part 272 is amended
by revising the listing for ‘‘Idaho’’ to
read as follows:
■
Appendix A to Part 272—State
Requirements
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES
Idaho
(a) The statutory provisions include:
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 except for 39–
4403(6), 39–4403(14), and the second and
third sentences of 39–4403(17); 39–4408(1);
39–4408(2); 39–4408(3); 39–4409(1) except
the fourth and fifth sentences; 39–4409(2)
only first sentence; 39–4409(4) except the
first sentence; 39–4409(5); 39–4409(6); 39–
4409(8); 39–4411(2); 39–4411(4); 39–4411(5);
39–4423(1); 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 39–5803; 39–5808;
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’’, published in April 2011:
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
with the exception of the fourth sentence;
58.01.05.012; 58.01.05.013; 58.01.05.015;
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
58.01.05.016; 58.01.05.017; 58.01.05.018;
58.01.05.356.01; and 58.01.05.998.
*
*
*
*
*
[FR Doc. 2012–23972 Filed 9–28–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8247]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
SUMMARY:
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59758-59762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23972]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R10-RCRA-2011-0973; FRL-9707-1]
Idaho: Incorporation by Reference of Approved State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act, as amended,
(RCRA), allows the Environmental Protection Agency (EPA) to authorize
State hazardous waste management programs if the EPA finds that such
programs are equivalent to and consistent with the Federal RCRA program
and if such programs provide adequate enforcement of compliance. The
regulations are used by the EPA to codify its decision to authorize
individual State programs and incorporate by reference those provisions
of the State statutes and regulations that are subject to the EPA's
RCRA inspection and enforcement authorities as authorized provisions of
the State's program. This direct final rule revises the codification of
the authorized Idaho hazardous waste management program and
incorporates by reference authorized provisions of the State's rules
and regulations.
DATES: This rule is effective November 30, 2012, unless the EPA
receives adverse comment on this regulation by the close of business
October 31, 2012. If the EPA receives such comments, the EPA will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that the rule will not take effect and a
separate document in the proposed rules section of this Federal
Register will serve as a proposal to codify Idaho's authorized
hazardous waste management program. The Director of the Federal
Register approves this incorporation by reference as of November 30,
2012 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2011-0973 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: kocourek.nina@epa.gov.
Mail: Nina Kocourek, U.S. EPA, Region 10, 1200 Sixth
Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101.
Hand Delivery: Nina Kocourek, U.S. EPA, Region 10, 1200
Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101. Such
deliveries are only accepted during the normal business hours of
operation; special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2011-0973.
The EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov
your email address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, the EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about the EPA's public docket visit the EPA
Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the EPA Region 10 Library,
1200 Sixth Avenue, Suite 900, Seattle, WA 98101. The EPA Region 10
Library is open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. Monday
through Friday, excluding legal holidays. The EPA Region 10 Library
telephone number is (206) 553-1289.
FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10,
1200 Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101,
email: kocourek.nina@epa.gov, phone number (206) 553-6502.
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
A. What is codification?
Codification is the process of including the rules and regulations
that comprise the State's authorized hazardous waste management program
in the Code of Federal Regulations (CFR). Section 3006(b) of RCRA, 42
U.S.C. 6926(b), allows the Environmental Protection Agency to authorize
State hazardous waste management programs. The State regulations
authorized by the EPA supplant the federal regulations concerning the
same matter with the result that after authorization the EPA enforces
the authorized regulations. Infrequently, State statutory language
which acts to regulate a matter is also authorized by the EPA with the
consequence that the EPA enforces the authorized statutory provision.
The 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. The EPA retains independent enforcement
authority pursuant to 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.
This action codifies the EPA's authorization of revisions to
Idaho's hazardous waste management program. This direct final action
codifies the State program in effect at the time the EPA authorized
revisions to the Idaho hazardous waste management program in a final
rule effective July 11, 2012 (77 FR 34229, June 11, 2012). Notice and
an opportunity for comment regarding those revisions to the authorized
State program were provided to the public at the time those revisions
were proposed. The EPA is not reopening its decision to authorize
changes to the State's program nor is the EPA requesting comment on
those revisions.
[[Page 59759]]
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, March
26, 1990). Subsequently, the EPA authorized revisions to the State's
program effective June 5, 1992 (57 FR 11580, April 6, 1992), August 10,
1992 (57 FR 24757, June 11, 1992), June 11, 1995 (60 FR 18549, April
12, 1995), January 19, 1999 (63 FR 56086, October 21, 1998), July 1,
2002 (67 FR 44069, July 1, 2002), March 10, 2004 (69 FR 11322, March
10, 2004), July 22, 2005 (70 FR 42273, July 22, 2005), February 26,
2007 (72 FR 8283, February 26, 2007), December 23, 2008 (73 FR 78647,
December 23, 2008), and July 11, 2012 (77 FR 34229, June 11, 2012). The
EPA first codified Idaho's authorized hazardous waste management
program effective February 4, 1991 (55 FR 50327, December 6, 1990), and
updated the codification of Idaho's program effective June 5, 1992 (57
FR 11580, April 6, 1992), August 10, 1992 (57 FR 24757, June 11, 1992),
August 24, 1999 (64 FR 34133, June 25, 1999), March 8, 2005 (70 FR
11132, March 8, 2005), April 20, 2006 (71 FR 20341, April 20, 2006),
April 6, 2010 (75 FR 17309, April 6, 2010). In this action, the EPA is
revising subpart N of 40 CFR part 272, to include the most recent
authorization revision effective July 11, 2012 (77 FR 34229, June 11,
2012).
C. What codification decisions have we made in this rule?
This action incorporates by reference the authorized revisions to
the Idaho hazardous waste management program by revising subpart N of
40 CFR part 272. Previously, 40 CFR 272.651, incorporated by reference
Idaho's authorized hazardous waste management program, as amended,
through 2008. Section 272.651 also referenced the demonstration of
adequate enforcement authority, including procedural and enforcement
provisions, which provided the legal basis for the State's
implementation of the hazardous waste management program. In addition,
Section 272.651 referenced 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. This action updates those
demonstrations of adequate enforcement authority, including procedural
and enforcement provisions, which provide the legal basis for the
State's implementation of the hazardous waste management program, as
well as the Memorandum of Agreement, the Attorney General's Statement
and the Program Description, all of which were evaluated as part of the
approval process for the program revision effective on July 11, 2012
(77 FR 34229, June 11, 2012).
D. What is the effect of idaho's codification on enforcement?
The EPA retains its independent enforcement authority under
statutory provisions, including but not limited to, sections 3007,
3008, 3013 and 7003 of RCRA, 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, the 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. The EPA lists Idaho's authorities for
informational purposes, and because the 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 the 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, which have
been incorporated into the State regulations because of the way the
State adopted federal regulations by reference; and
(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(c)(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. While ``broader in scope'' provisions are not part of the
authorized program and cannot be enforced by the EPA, the State may
enforce such provisions under State law.
F. What will be the effect of the proposed 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 the EPA has identified as taking effect
immediately in States with authorized hazardous waste management
programs, the EPA will enforce those Federal HSWA standards until the
State is authorized for those provisions.
This codification does not affect Federal HSWA requirements for
which the State is not authorized. The 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 the EPA has identified the
HSWA requirement(s) as an optional or as a less stringent requirement
of the Federal Rules program. A HSWA requirement or prohibition, unless
identified by the EPA as optional or as less stringent, supersedes any
less stringent or inconsistent State provision which may have been
previously authorized by the EPA (50 FR 28702, July 15, 1985).
Some existing State requirements may be similar to the HSWA
requirements implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA enforces the HSWA requirements and
not the State analogs.
II. Statutory and Executive Order Reviews
This direct final action codifies revisions to the EPA-authorized
hazardous waste management program in Idaho pursuant to RCRA section
3006 and imposes no requirements other than those imposed by State law.
This action complies with applicable executive orders and statutory
provisions as follows:
[[Page 59760]]
1. Executive Order 12866 and 13563
This action will codify revisions to the federally approved
hazardous waste management program in Idaho. This type of action is
exempt from review under Executive Order (EO) 12866 (58 FR 51735,
October 4, 1993) and EO 13563 (76 FR 3821, January 21, 2011).
2. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not
establish or modify any information or recordkeeping requirements for
the regulated community.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
this direct final rule on small entities, small entity is defined as:
(1) A small business, as codified in the Small Business Size
Regulations at 13 CFR part 121; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. The
EPA has determined that this direct final action will not have a
significant impact on small entities because the action will only have
the effect of codifying authorized pre-existing State law requirements.
After considering the economic impacts of this action, I certify that
this action will not have a significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no new enforceable duty on any State, local
or tribal governments or the private sector. Therefore, this action is
not subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203 of
the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small government entities.
5. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action addresses the
codification of the authorized State hazardous waste management program
in Idaho. Codification is the process of including the rules and
regulations that comprise the State's authorized hazardous waste
management program in the CFR. Thus, Executive Order 13132 does not
apply to this action.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. This action addresses the codification of the
authorized State hazardous waste management program in Idaho.
Codification is the process of including the rules and regulations that
comprise the State's authorized hazardous waste management program in
the CFR. Thus, the EPA has determined that Executive Order 13175 does
not apply to this rule.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order (EO) 13045 (62 FR 19885, April
23, 1997) as applying only to those regulatory actions that concern
health or safety risks, such that the analysis required under section
5-501 of the EO has the potential to influence the regulation. This
action is not subject to EO 13045 because it codifies an approved state
program into the CFR. Codification is the process of including the
rules and regulations that comprise the State's authorized hazardous
waste management program in the CFR.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
9. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus bodies. The NTTAA directs the EPA to
provide Congress, through the OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. The
EPA has determined that this action does not involve ``technical
standards'' as defined by the NTTAA. Therefore, the EPA did not
considering the use of any voluntary consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action addresses codifying a revision of the
authorized hazardous waste management program in the State of Idaho.
The EPA has determined that the action is not subject to Executive
Order 12898.
[[Page 59761]]
11. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective November 30, 2012.
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, 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 and Disposal
Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 24, 2012.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
For the reasons set forth in the preamble, the 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. Section 272.651 is revised 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 the
EPA in Idaho's base program application for final authorization which
was approved by the EPA effective on April 9, 1990. Subsequent program
revision applications were approved by the EPA effective on June 5,
1992, August 10, 1992, June 11, 1995, January 19, 1999, July 1, 2002,
March 10, 2004, July 22, 2005, February 26, 2007, December 23, 2008,
and July 11, 2012.
(b) The State of Idaho has primary responsibility for enforcing its
hazardous waste management program. However, the 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 binder entitled ``EPA-Approved Idaho Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated July 2012.
(ii) [Reserved]
(2) The EPA considered the following statutes and regulations in
evaluating the State program but is not incorporating them herein for
enforcement purposes:
(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, Charlottesville, Virginia:
sections 39-4401; 39-4402; 39-4404; 39-4405 with exception of 39-
4405(9); 39-4406; 39-4407; 39-4408(4); 39-4409(2) except first
sentence; 39-4409(3); 39-4409(4) only first sentence; 39-4410; 39-
4411(1); 39-4411(3); 39-4411(6); 39-4412; 39-4413; 39-4414; 39-4415;
39-4416; 39-4417; 39-4418; 39-4419; 39-4420; 39-4421; 39-4422; 39-
4423(3); and 39-4426.
(ii) 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,
Charlottesville, Virginia: sections 39-5801; 39-5802; 39-5804; 39-5805;
39-5806; 39-5807; 39-5809; 39-5810; 39-5811; 39-5812; 39-5813(2); 39-
5814; 39-5816; 39-5817; and 39-5818(1).
(iii) Idaho Code containing the General Laws of Idaho Annotated,
Volume 2, Title 9, Chapter 3, ``Public Writings'', published in 2010 by
the Michie Company, Law Publishers, Charlottesville, Virginia: sections
9-337 et seq.; 9-338; 9-339; 9-340A; 9-340B; 9-340C; 9-340D; 9-340E; 9-
340F; 9-340G; 9-340H; 9-341; 9-342A; 9-343; and 9-344.
(iv) Idaho Department of Environmental Quality Rules and
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5,
``Rules and Standards for Hazardous Waste'', published in April 2011:
sections 58.01.05.000; 58.01.05.356.02; 58.01.05.356.03;
58.01.05.356.04; 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 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, Charlottesville, Virginia:
sections 39-4403(6); 39-4403(14); 39-4403(17) only the second and third
sentences; 39-4405(9); 39-4409(1) only the fourth and fifth sentences;
39-4409(7); 39-4423(2); 39-4427B; 39-4427C; 39-4427D; 39-4428; 39-4429;
39-4430; 39-4431; and 39-4432.
(ii) 2010 Cumulative Pocket Supplement to the Idaho Code (I.C.),
containing, Title 39, Chapters 44 ``Hazardous Waste Management'',
published in 2010 by the Michie Company, Law Publishers,
Charlottesville, Virginia: section 39-4427.
(iii) 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 Charlottesville, Virginia:
section 39-5813(3).
(iv) Idaho Department of Environmental Quality Rules and
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5,
``Rules and Standards for Hazardous Waste'', published in April 2011:
sections 58.01.05.011 only the fourth sentence; 58.01.05.355;
58.01.05.500; and 58.01.05.900.
(4) Memorandum of Agreement. The Memorandum of Agreement between
the 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
[[Page 59762]]
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,
September 11, 2002, September 22, 2004, June 13, 2006, September 29,
2006, June 23, 2008, and October 14, 2011, including clarification
letter dated July 12, 2012, 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 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'', published in 2002 by
the Michie Company, Law Publishers: sections 39-4403 except for 39-
4403(6), 39-4403(14), and the second and third sentences of 39-
4403(17); 39-4408(1); 39-4408(2); 39-4408(3); 39-4409(1) except the
fourth and fifth sentences; 39-4409(2) only first sentence; 39-
4409(4) except the first sentence; 39-4409(5); 39-4409(6); 39-
4409(8); 39-4411(2); 39-4411(4); 39-4411(5); 39-4423(1); 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 39-5803; 39-
5808; 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'', published in April 2011: 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 with the exception of the
fourth sentence; 58.01.05.012; 58.01.05.013; 58.01.05.015;
58.01.05.016; 58.01.05.017; 58.01.05.018; 58.01.05.356.01; and
58.01.05.998.
* * * * *
[FR Doc. 2012-23972 Filed 9-28-12; 8:45 am]
BILLING CODE 6560-50-P
