Federal Register/Vol. 66, No. 163/Wednesday, August 22, 2001/Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271 [FRL-7031-5]

Idaho: Final Authorization of State Hazardous Waste Management Program Revision
AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate final rule.

SUMMARY: Idaho has appliedto EPA for Final authorization ofchanges to its hazardous waste program under the Resource Conservation andRecovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. EPA ispublishing this rule
to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it.Unless we get written comments which oppose this authorization during the comment period, the decision to authorize Idaho's changes totheir hazardous waste program will take effect as provided below. Ifwe get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section ofthis Federal Register will serve as a proposal to authorize the changes. DATES: This final authorization will become effective on November 20, 2001 unless EPA receives adverse written commentby September 21, 2001. IfEPA receives such comment, itwill publish

atimely withdrawal ofthis immediate final rule in the Federal Register and inform the public that this authorization will not take effect. ADDRESSES: Send written comments to JeffHunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone, (206) 553- 0256. You can view and copy Idaho's application from 9 a.m. to 4p.m. at the following addresses: Idaho Department ofEnvironmental Quality, 1410 N. Hilton, Boise, Idaho 83706, phone, (208) 373-0502 and EPARegion 10, Library, 1200 Sixth Avenue, Seattle, WA, 98101, phone (206) 553-1289. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA Region 10, Office of Waste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM122, Seattle, WA, 98101, 206-553-0256. SUPPLEMENTARY INFORMATION: A. Why Are Revisions to State Programs Necessary?

Stateswhich have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, andno less stringent than the Federal program. Asthe Federal program changes, States must change their programs and askEPA to authorize the changes. Changes to State programs may be necessary when Federal or State statutory orregulatory authority is modified orwhen certain other changes

occur.Most commonly, Statesmust change their programs because of changes to EPA's regulations in 40 Code ofFederal Regulations (CFR)parts 124, 260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

We conclude thatIdaho's application
to revise its authorized program meets all ofthe statutory and regulatory requirements established by RCRA. Therefore, we grant Idaho final authorization to operate itshazardous
waste program with the changes described in theregulations submitted for authorization. Idaho has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) andfor carrying out the aspects ofthe RCRAprogram described in its revised program application, subject to the limitations ofthe Hazardous and Solid Waste Amendments of1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPAwill implement those requirements and prohibitions in Idaho, including issuing permits, until the State is granted authorization to do so.
C. What Is the Effect ofToday's Authorization Decision?

The effect ofthis decision is that a facility in Idaho subject to RCRA will

now have to comply with the authorized State requirements instead ofthe equivalent Federal requirements in order to comply with RCRA. Idaho has enforcement responsibilities under its State hazardous waste program for violations of suchprogram, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority
to: * Do inspections, and require monitoring,tests, analyses orreports;

* Enforce RCRArequirements and suspend or revoke permits; and

* Take enforcement actions regardless ofwhether the State has taken its own actions.

This action does not impose additional requirements on the regulated community because the regulations for which Idahois being authorized by today's action are already effective, and are not changed by today's action.

D. Why Wasn'tThere a Proposed Rule Before Today's Rule?

EPA did not publish aproposal before today's rulebecause we viewthis as a routine program change and donot expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to thisrule, in the proposed rules section oftoday's Federal Register

we are publishing a separate document thatproposes to authorize the State program changes. IfEPA receives
comments which oppose this authorization, or portion(s) thereof, that document will serve as aproposal to authorize such changes.

E. What Happens IfEPA Receives Comments That Oppose This Action?

IfEPA receives comments that oppose this authorization, we will withdraw this ruleby publishing a document in the Federal Register before the rule becomes effective. EPAwill base any further decision on the authorization of the State program changes onthe proposal mentioned in the previous paragraph. We will then address all public comments in a laterfinal rule. You may not have another opportunity
to comment. Ifyou want to comment on this authorization, you must do so at this time.

IfEPA receives comments that oppose onlythe authorization ofaparticular change to the State hazardous waste program, we may withdraw thatpart of this rule, but the authorization ofthe program changes that the comments do
not oppose willbecome effective on the date specified above. The Federal Register withdrawal document will specify whichpart ofthe authorization willbecome effective, andwhich part is being withdrawn.

F.What Has Idaho Previously Been Authorized for?

Idaho initially received final authorization on March 26, 1990, effective April 9, 1990 (55 FR 11015) to implement the RCRA hazardous waste management program. We granted 

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authorization for changes totheir program onApril 6, 1992, effective June 5, 1992 (57 FR 11580), June 11, 1992, effective August 10, 1992 (57 FR 24757), April 12, 1995, effective June 11, 1995 (60 FR 18549), and October 21, 1998, effective January 19, 1999 (63 FR 56086).

Through three codification actions dated December 6, 1990 (55 FR 50327), June 11, 1992 (57 FR 24757), and June 25, 1999 (64 FR 34180) the EPA has codified at 40 CFR part 272, subpart N all authorization actions for the State of Idaho RCRA program, which reflect non-HSWA andHSWA requirements promulgated asofJuly 1, 1996, with the exception ofthe Organic Air Emission Standards for Tanks, Surface Impoundments and Containers (subpart CC standards).
G. WhatChanges Are We Authorizing With Today's Action?

On May 1, 2001, Idaho submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. We nowmake an immediate final decision, subject to receipt ofwritten comments that oppose this action, thatIdaho's hazardous waste program revision satisfies all ofthe requirements necessary to qualify for final authorization. Therefore, we grant Idaho final authorization for all delegable hazardous waste regulations promulgated asofJuly 1, 1998, as incorporated byreference in IDAPA 16.01.05.(002)-(016) and 16.01.05.997.1

H. WhatAre the State Rules ThatAre Not Authorized?

Any subsequent changes tothe Federal program that occurred afterJuly 1, 1998 are not part ofIdaho's authorized RCRA program. EPA is not authorizing IDAPA 16.01.05.000; 16.01.05.001; 16.01.05.006.02; 16.01.05.015.02(a), (b); 16.01.05.(017)- (996); 16.01.05.998; and 16.01.05.999.

I. Who Handles PermitsAfter the Authorization Takes Effect?

Idaho will issue permits for all the provisions for which itis authorized and will administer the permits it issues. EPA will continue to administer any RCRAhazardous waste permits or portions ofpermits which we issued prior to the effective date ofthis authorization until the timing and

'Sections ofthe Federal hazardous waste program are notdelegable to the states. These sections are 40 CFRpart 262, subpartsE, F, &H; 40 CFR 268.5; 40 CFR268.42(b); 40 CFR 268.44(a)- (g);and 40 CFR 268.6. Authority for implementing the provisions contained inthese sections remains with EPA. process for effective transfer to the State

are mutually agreed upon. Until such time asformal transfer ofthe EPA permit responsibility to the State occurs, EPA and the State agree to coordinate the administration ofpermits in order to maintain consistency. EPA will continue to implement andissue permits for HSWA requirements for which Idaho is not yet authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in Idaho?

Idaho is not authorized to carry out its hazardous waste program in Indian country within the State. Therefore, this actionhas no effect on Indian country. EPA will continue to implement and administer the RCRAprogram in these lands.

K. WhatIs Codification andIs EPA Codifying Idaho's Hazardous Waste ProgramasAuthorized in This Rule?

Codification isthe process ofplacing the State's statutes andregulations that comprise the State's authorized hazardous waste program into the Code ofFederal Regulations. We do thisby referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of40 CFR part 272, subpart N for the codification ofIdaho's program changes until alater date.
L. Administrative Requirements

The Office ofManagement andBudget has exempted this action from the requirements ofExecutive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 andimposes no additional requirements beyond those imposed by State law. Accordingly, I certify thatthis action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601
etseq.).Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable duty beyond thatrequired by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, this action also does not significantly or uniquely affect the communities ofTribal governments,

as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This action will not have substantial direct effects onthe States, onthe relationship between the national government and the States, or onthe distribution of power and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part ofthe State RCRAhazardous waste program without altering the relationship or the distribution ofpower and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because itis not economically significant and itdoes not make decisions based on environmental health or safety risks.

Under RCRA 3006(b), EPA grants a State's application for authorization as long as the State meets the criteria required by RCRA. Itwould thus be inconsistent with applicable lawfor EPA, when itreviews a State authorization application, torequire the

use ofany particular voluntary

consensus standard in place ofanother standard that otherwise satisfies the requirements ofRCRA. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note) do not apply. As required by section 3ofExecutive Order 12988 (61 FR 4729,February 7, 1996), in issuing this rule, EPAhas taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPAhas complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications ofthe rule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation ofRisk and Avoidance of Unanticipated Takings" issued under the executive order. This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of1996, generally provides thatbefore a rule may take effect, the agency promulgating the rule must submit a rulereport, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPAwill submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, andthe Comptroller General ofthe United States prior to publication in the Federal Register. A major rule cannot take effectuntil 60 days after itis published in the Federal Register.This action is not a "major rule" as definedby 5U.S.C. 804(2). This

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action will be effective November 20, 2001.

List ofSubjects in 40 CFRPart 271

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting andrecordkeeping requirements.

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

Dated: August 1,2001. Charles E.Findley, ActingRegional Administrator, Region 10. [FRDoc. 01-20211 Filed 8-21-01; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300 [FRL-7039-6]

National Oiland Hazardous Substance PollutionContingency Plan; National Priorities List

AGENCY: Environmental Protection Agency. ACTION: Notice ofdeletion ofthe Schuylkill Metals Corporation Superfund Site from the National Priorities List (NPL).

SUMMARY: The Environmental Protection Agency (EPA)Region 4 announces the deletion ofthe Schuylkill Metals Corporation Superfund Site from the National Priorities List (NPL). The NPL constitutes appendix B of40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA and the Florida Department of Environmental Protection (FDEP) have determined that the Site poses no significant threat to public health or the environment and therefore, further response measures pursuant to CERCLA

are not appropriate. EFFECTIVE DATE: August 22, 2001. ADDRESSES: Comprehensive information

onthis site is available through the EPA Region 4 public docket, which is available forviewing at the information repositories at two locations. Locations, contacts, phone numbers and viewing hours are: U.S. EPARegion 4 Records Center, attn.Ms. Debbie Jourdan, Atlanta Federal Center, 61 Forsyth Street,Atlanta, Georgia 30303-8909, (404) 562-8862, hours: 8:00 a.m. to 4:00 p.m., Monday through Friday by appointment only;

Bruton Memorial Library, 302 McLendon Street,Plant City, Florida 33566-3299, (813) 757-9215, hours: 9:00 a.m. to 9:00 p.m., Monday through Thursday 9:00 a.m. to 6:00 p.m., Friday 10:00 a.m. to 6:00 p.m., Saturday, closed, Sunday.
FOR FURTHER INFORMATION CONTACT: 

### Galo Jackson, U.S. EPARegion 4, Mail Code: WD-SSMB, Atlanta Federal Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-8960, (404) 562-8937.
SUPPLEMENTARY INFORMATION: EPA

announces the deletion ofthe Schuylkill Metals Corporation Superfund Site in Plant City, Hillsborough County, Florida from the NPL, which constitutes appendix B of40 CFR part 300. EPA published aNotice ofIntent to Delete the Schuylkill Metal Corporation Superfund Site from the NPL onJune 12, 2001 in the Federal Register, (66 FR 31580). EPA received no comments on the proposed deletion; therefore, no responsiveness summary is necessary for this Notice ofDeletion.

EPA identifies sites onthe NPL that appear to present a significantrisk to public health, welfare, or the environment. Sites on theNPL may be the subject to remedial actions financed by the Hazardous Substances Superfund Response TrustFund (Fund). Pursuant to 40 CFR 300.425(e)(3) ofthe NCP, any site deleted from the NPLremains eligible for Fund-financed Remedial Actions ifconditions at the site warrant such action. Deletion ofa site from the NPL does not affect the responsible party liability orimpede agency efforts
to recover costs associated with response efforts.

List ofSubjects in 40 CFRPart 300

Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting andrecordkeeping requirements, Superfund, Water pollution control, Water supply.

Dated: August 5,2001. Russell Wright, ActingRegional Administrator, Region 4.
For reasons set outin the preamble, 40 CFR part 300 is amended asfollows:

PART 300-[AMENDED]

1.The authority citation for part 300 continues to read asfollows: Authority: 33 U.S.C. 1321 (c) (2); 42 U.S.C. 9601-9657; E.O. 12777, 56FR 54757, 3 CFR, 1991 Comp.; p. 351: E.O. 12580, 52 FR 2923, 3CFR, 1987 Comp.; p.193. Appendix B-[Amended]

2. Table 1 ofappendix B to part 300 is amended by removing the site "Schuylkill Metals Corp., PlantCity, Florida."

[FR Doc. 01-20896 Filed 8-21-01; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679 [Docket No. 010112013-1168-06; I.D. 011101B]
RIN 0648-A082

Fisheries ofthe Exclusive Economic Zone OffAlaska; Steller Sea Lion Protection Measures and 2001 Harvest Specificationsand Associated Management Measures for the Groundfish Fisheries OffAlaska; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Emergency interim rule; correction.

SUMMARY: This document corrects the July 17, 2001, emergency interim ruleby adding footnote reference numbers and their corresponding footnotes, which

were inadvertently omitted or published with errors to tables inthe preamble and in the regulatory text. DATES: Effective July 18, 2001, through December 31, 2001.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, NMFS, 907-586-7228

or e-mail at melanie.brown@noaa.gov. SUPPLEMENTARY INFORMATION: The emergency interim rulethat was publishedJuly 17, 2001 (66 FR 37167), implements Steller sea lion protection

measures and announces final 2001 harvest specifications forthe groundfish fisheries ofthe Bering Sea andAleutian Islands Area andthe Gulf ofAlaska. As published, the final regulations contain

errors thatneed to be corrected in Tables 7and 27 to the preamble and in Tables 21 through 24 to 50 CFR part 679 by adding footnote reference numbers and footnotes.

Table 7to the preamble inadvertently omitted a footnote. Table 27 tothe 

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requirements. Redesignation to attainment is an action that affects the legal designation ofa geographical area and does not impose any regulatory requirements. Therefore, because the redesignation to attainment does not create any new requirements, I certify that the proposed approval ofthe redesignation request will not have a significant economic impact on a substantial number of small entities. (g)Unfunded Mandates

Under section 202 ofthe Unfunded Mandates Reform Act of1995 ("Unfunded Mandates Act"), signed into law on March 22, 1995, EPAmust prepare a budgetary impact statement to accompany any proposed orfinal rule that includes a Federal mandate that may result in estimated costs to State, local, ortribal governments in the aggregate; orto theprivate sector, of $100 million or more. Under section 205, EPA must select the most costeffective and leastburdensome alternative thatachieves the objectives oftherule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments thatmay be significantly

oruniquely impacted bythe rule.

EPA has determined that the proposed approval does not include a Federal mandate thatmay result in estimated costs of$100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action
proposes approval ofpre-existing requirements under State or local law and ofthe State's redesignation request, andimposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

List ofSubjects

40CFRPart 52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting andrecordkeeping requirements.

40CFRPart 81

Air pollution control, National parks, Wilderness areas.

Dated: August 15, 2001. Jack W.McGraw, ActingRegional Administrator, Region VIII. [FR Doc. 01-21197 Filed8-22-01; 8:45 am]

BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL-7031-4]

Idaho: Final Authorization of State Hazardous Waste Management Program Revisions
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposedrule.

SUMMARY: Idaho has applied toEPAfor final authorization ofchanges toits hazardous waste program under the Resource Conservation andRecovery Act (RCRA). EPA proposes to grant final authorization to Idaho. In the "Rules andRegulations" section ofthis Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and donot expect comments that oppose it.We have explained the reasons for this authorization in the preamble tothe immediate final rule. Unless we get written comments which oppose this authorization duringthe comment period, the immediate final rule will become effective on the date established in the final rule, and we will not take further action onthis proposal. Ifwe get comments that oppose this action, we will withdraw the immediate final rule andit will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for
comment. Ifyou want to comment on this action, you must do so at this time. DATES: Send yourwritten comments by September 21, 2001. ADDRESSES: Send written comments to JeffHunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone (206) 553- 0256. You can examine copies ofthe materials submitted byIdaho during normal business hours at the following locations: EPARegion 10 Library,1200 Sixth Avenue, Seattle, WA, 98101, phone (206) 553-1289; orIdaho Department ofEnvironmental Quality, 1410 N. Hilton,Boise, Idaho 83706, phone (208) 373-0502.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256 and at address listed above. SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the "Rules and Regulations" section ofthis Federal Register. Dated: August 1,2001. Charles E.Findley, ActingRegional Administrator,Region10. [FR Doc. 01-20212 Filed 8-21-01; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372
[OEI-100006; FRL 6722-7]

RIN 2025-AAOO

Report on the Corrosion of Certain Alloys;Community Right-to-Know Toxic Chemical Release Reporting
AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability; request for comments.
SUMMARY: EPA is announcing the availability ofa document titled "Report

on the Corrosion ofCertain Alloys" ("Alloys Report"). The Alloy Report contains information on the corrosion of stainless steel,brass, andbronze alloys and the availability ofchromium, nickel, and copper from these alloys. Chromium, nickel, and copper contained in stainless steel, brass, and bronze alloys are listed toxic chemicals under section 313 ofthe Emergency Planning and Community Right-toKnowAct of 1986 (EPCRA), and therefore may be reportable pursuant to EPCRA section 313 and section 6607 of the Pollution Prevention Act of1990 (PPA). EPA isrequesting comments on the technical contents ofthis document and its conclusions. Depending upon the comments received, EPA may propose to delist chromium, nickel, and copper when contained in some or all physical forms of stainless steel,brass andbronze alloys from the EPCRA section 313 list oftoxic chemicals. DATES: Written comments, identified by the docket control number OEI-100006,
mustbe received by EPA on or before December 20, 2001. ADDRESSES: Comments may be submittedby mail, electronically, or in person.Please follow the detailed instructions for each method as provided in Unit I. ofthe SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Petitions Coordinator, (202) 260-3882, e-mail: bushman.daniel@epa.gov, for specific information on this document, or for

more information onEPCRA section 313, theEmergency Planning and

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