Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71391

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in EDocket (RME) 

index at http://www.epa.gov/rmepub/

index.jsp. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

(Please telephone Michael Leslie at 

(312) 353–6680 before visiting the 

Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Michael Leslie, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), USEPA, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680. 

leslie.michael@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for EPA? 

II. What Action is EPA Taking Today? 

III. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule?

I. General Information 

A. Does This Action Apply to me? 

This action primarily applies to the 

transportation sector represented by 

Metropolitan Council, the Minnesota 

Department of Transportation and 

persons needing to travel in the 

Minneapolis-St. Paul metropolitan area. 

B. What Should I Consider as I Prepare 

my Comments for EPA? 

1. Submitting CBI. Do not submit 

Confidential Business Information (CBI) 

to EPA through Regional Material in 

EDocket (RME), regulations.gov or email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD–

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments.

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action is EPA Taking Today? 

EPA is proposing to approve the 

Minnesota SIP revision submitted on 

November 10, 2004. This submittal 

revises Minnesota’s 1996 and 2009 CO 

emission inventories and 2009 MVEB 

using MOBILE6 for the Minneapolis-St. 

Paul CO maintenance area. 

III. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule? 

For additional information, see the 

Direct Final Rule which is located in the 

Rules section of this Federal Register. 

Copies of the request and the EPA’s 

analysis are available electronically at 

Regional Material in EDocket (RME) or 

in hard copy at the above address. 

(Please telephone Michael Leslie at 

(312) 353–6680 before visiting the 

Region 5 Office.)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide.

Dated: November 30, 2004. 

Bharat Mathur, 

Acting Regional Administrator, Region 5.

[FR Doc. 04–27027 Filed 12–8–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[FRL–7846–6] 

Idaho: Incorporation by Reference of 

Approved State Hazardous Waste 

Management Program

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed 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 rule proposes to revise 

the codification of the Idaho authorized 

program.

DATES: Comments on this proposed 

action must be received by the close of 

business January 10, 2005. If EPA 

receives significant comments on this 

proposed action, EPA will respond to 

such comments in the Federal Register

at the time EPA publishes a final rule.

ADDRESSES: Send written comments by 

mail to Jeff Hunt, U.S. EPA, Region 10, 

1200 Sixth Avenue, Mail stop AWT–

122, Seattle, WA 98101, or via e-mail to 

hunt.jeff@epa.gov. You can inspect the 

records related to this codification effort 

from 8:30 a.m. to 4 p.m. Monday 

through Friday in the EPA Region 10 

Library, 1200 Sixth Avenue, Mail stop 

WCM–122, Seattle, WA 98101.

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 

71392 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

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 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 proposes to codify 

EPA’s authorization of revisions to 

Idaho’s hazardous waste management 

program. This proposed 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. 

EPA is not reopening its decisions to 

authorize changes to the State’s program 

nor is EPA requesting comment on those 

revisions. 

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 is proposing to revise 

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 Proposed in 

This Action? 

Today’s action proposes to codify 

EPA’s authorization of revisions to 

Idaho’s hazardous waste management 

program. The proposed codification will 

incorporate by reference the most recent 

version of the State’s authorized 

hazardous waste management 

regulations. This proposed action does 

not reopen any decision EPA previously 

made concerning the authorization of 

the State’s hazardous waste 

management program. EPA is not 

requesting comments on its decisions 

published in the Federal Register

notices referenced in section B of this 

document concerning revisions to the 

authorized program in Idaho. 

EPA is proposing to incorporate 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 

currently incorporates 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 

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 

proposing to incorporate 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 proposes to 

revise 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 

Proposed as 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 

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) currently 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 proposes to 

update that list for ‘‘broader in scope’’

provisions EPA identified in recent 

authorization actions for revisions to the 

State program. 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), 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71393

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., but which are not 

part of the State’s authorized program 

will not be included in this proposed 

codification. 

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 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 proposed Codification does not 

effect 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 proposes to codify EPAauthorized 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 proposed 

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 

proposed action does not impose an 

information collection burden under the 

Paperwork Reduction Act. 

3. Regulatory Flexibility Act—This 

action proposes to codify 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 proposed rule 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 proposes to codify 

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 (Pub. L. 104–4).

5. Executive Order 13132: 

Federalism—Executive Order 13132 

does not apply to this proposed 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 proposes to codify 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 

proposed 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 proposed 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 proposed 

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. See section B of 

this proposed rule for the citations to 

the Federal Register for EPA’s approval 

of revisions to 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 

proposed action to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct.

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 proposed action is issued 

under the authority of Sections 2002(a), 3006 

and 7004(b) of the Solid Waste Disposal Act 

as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: November 22, 2004. 

Ronald A. Kreizenbeck, 

Acting Regional Administrator, Region 10.

For the reasons set forth in the 

preamble, EPA proposes to amend 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. Subpart N is amended by revising 

§ 272.651 to read as follows:

71394 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

§ 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 

Requirements Applicable to the 

Hazardous Waste Management Program, 

March 2004. 

(ii) The EPA Approved Idaho 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program, March 2004. 

(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) and (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 

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) and (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.

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) and (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) 

and (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 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71395

265.119(c)(4) because Idaho did not seek 

authorization for those sections.

* * * * *

[FR Doc. 04–27028 Filed 12–8–04; 8:45 am] 

BILLING CODE 6560–50–P

NATIONAL SCIENCE FOUNDATION

45 CFR Part 650

RIN 3145–AA44

Minor Amendments To Rule on 

Inventions and Patents Resulting From 

Grants, Cooperative Agreements, and 

Contracts

AGENCY: National Science Foundation.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action would amend the 

NSF Patents regulation to require 

grantees to use an electronic reporting 

and management system for inventions 

made with NSF assistance.

DATES: Comments must reach the NSF 

Patent Assistant on or before February 7, 

2005.

ADDRESSES: All comments should be 

addressed to: NSF Patent Assistant at 

patents@nsf.gov or at Office of the 

General Counsel, National Science 

Foundation 4201 Wilson Boulevard, 

Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT:

Robin Clay Fritsch, NSF Patent 

Assistant, at patents@nsf.gov or on (703) 

292–8060 (voice) or (703) 292–9041 

(facsimile).

SUPPLEMENTARY INFORMATION: This 

amendment would revise the current 

NSF patent regulation published as part 

650 of title 45 of the Code of Federal 

Regulations to require NSF awardees to 

use the Edison Invention Information 

Management System maintained by the 

National Institutes of Health to handle 

NSF-assisted inventions. This is 

consistent with the Foundation’s 

requirement that all proposals seeking 

NSF financial assistance and all reports 

on NSF-assisted projects be submitted 

electronically. 

Submit electronic comments as an 

ASCII file avoiding the use of special 

characters and any form of encryption. 

Identify all comments sent 

electronically with subject line: 

Comments to Proposed Rulemaking. 

Determinations 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order.

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), I have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. I certify 

under 5 U.S.C. 605(b) that this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. This rule 

would possibly affect the following 

entities, some of which may be small 

entities: NSF grantees, including those 

funded under our Small Business 

Innovation Research and Small Business 

Technology Transfer Programs, and 

recipients of subcontracts under NSF 

grants. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 601 note), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Robin Clay 

Fritsch, NSF Patent Assistant, on (703) 

292–8060 (voice), (703) 292–9041 

(facsimile), or patents@nsf.gov.

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. I have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

This proposed rule would not result in 

such an expenditure.

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

I have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effective on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

I have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use, and determined 

that it is not a ‘‘significant energy 

action’’ under that order because it is 

not a ‘‘significant regulatory action’’