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 applied to EPA for

Final authorization of changes to its

hazardous waste program under the

Resource Conservation and Recovery

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 is publishing 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 to their hazardous waste

program will take effect as provided

below. If we 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 of this 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

comment by September 21, 2001. If EPA

receives such comment, it will publish

a timely withdrawal of this immediate

final rule in the Federal Register and

inform the public that this authorization

will not take effect.

ADDRESSES: Send written comments to

Jeff Hunt, 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 4 p.m. at the

following addresses: Idaho Department

of Environmental Quality, 1410 N.

Hilton, Boise, Idaho 83706, phone, (208)

373-0502 and EPA Region 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?

States which 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,

and no less stringent than the Federal

program. As the Federal program

changes, States must change their

programs and ask EPA to authorize the

changes. Changes to State programs may

be necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, States must

change their programs because of

changes to EPA's regulations in 40 Code

of Federal Regulations (CFR) parts 124,

260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in

This Rule?

We conclude that Idaho's application

to revise its authorized program meets

all of the statutory and regulatory

requirements established by RCRA.

Therefore, we grant Idaho final

authorization to operate its hazardous

waste program with the changes

described in the regulations submitted

for authorization. Idaho has

responsibility for permitting Treatment,

Storage, and Disposal Facilities (TSDFs)

within its borders (except in Indian

Country) and for carrying out the

aspects of the RCRA program described

in its revised program application,

subject to the limitations of the

Hazardous and Solid Waste

Amendments of 1984 (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, EPA will

implement those requirements and

prohibitions in Idaho, including issuing

permits, until the State is granted

authorization to do so.

C. What Is the Effect of Today's

Authorization Decision?

The effect of this decision is that a

facility in Idaho subject to RCRA will

now have to comply with the authorized

State requirements instead of the

equivalent Federal requirements in

order to comply with RCRA. Idaho has

enforcement responsibilities under its

State hazardous waste program for

violations of such program, 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 or reports;

* Enforce RCRA requirements and

suspend or revoke permits; and

* Take enforcement actions regardless

of whether the State has taken its own

actions.

This action does not impose

additional requirements on the

regulated community because the

regulations for which Idaho is being

authorized by today's action are already

effective, and are not changed by today's

action.

D. Why Wasn't There a Proposed Rule

Before Today's Rule?

EPA did not publish a proposal before

today's rule because we view this as a

routine program change and do not

expect comments that oppose this

approval. We are providing an

opportunity for public comment now. In

addition to this rule, in the proposed

rules section of today's Federal Register

we are publishing a separate document

that proposes to authorize the State

program changes. If EPA receives

comments which oppose this

authorization, or portion(s) thereof, that

document will serve as a proposal to

authorize such changes.

E. What Happens If EPA Receives

Comments That Oppose This Action?

If EPA receives comments that oppose

this authorization, we will withdraw

this rule by publishing a document in

the Federal Register before the rule

becomes effective. EPA will base any

further decision on the authorization of

the State program changes on the

proposal mentioned in the previous

paragraph. We will then address all

public comments in a later final rule.

You may not have another opportunity

to comment. If you want to comment on

this authorization, you must do so at

this time.

If EPA receives comments that oppose

only the authorization of a particular

change to the State hazardous waste

program, we may withdraw that part of

this rule, but the authorization of the

program changes that the comments do

not oppose will become effective on the

date specified above. The Federal

Register withdrawal document will

specify which part of the authorization

will become effective, and which 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 to their

program on April 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 and HSWA requirements

promulgated as of July 1, 1996, with the

exception of the Organic Air Emission

Standards for Tanks, Surface

Impoundments and Containers (subpart

CC standards).

G. What Changes 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 now make an

immediate final decision, subject to

receipt of written comments that oppose

this action, that Idaho's hazardous waste

program revision satisfies all of the

requirements necessary to qualify for

final authorization. Therefore, we grant

Idaho final authorization for all

delegable hazardous waste regulations

promulgated as of July 1, 1998, as

incorporated by reference in IDAPA

16.01.05.(002)-(016) and 16.01.05.997.1

H. What Are the State Rules That Are

Not Authorized?

Any subsequent changes to the

Federal program that occurred after July

1, 1998 are not part of Idaho'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 Permits After the

Authorization Takes Effect?

Idaho will issue permits for all the

provisions for which it is authorized

and will administer the permits it

issues. EPA will continue to administer

any RCRA hazardous waste permits or

portions of permits which we issued

prior to the effective date of this

authorization until the timing and

'Sections of the Federal hazardous waste

program are not delegable to the states. These

sections are 40 CFR part 262, subparts E, F, & H;

40 CFR 268.5; 40 CFR 268.42(b); 40 CFR 268.44(a)-

(g); and 40 CFR 268.6. Authority for implementing

the provisions contained in these sections remains

with EPA.

process for effective transfer to the State

are mutually agreed upon. Until such

time as formal transfer of the EPA

permit responsibility to the State occurs,

EPA and the State agree to coordinate

the administration of permits in order to

maintain consistency. EPA will

continue to implement and issue

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

action has no effect on Indian country.

EPA will continue to implement and

administer the RCRA program in these

lands.

K. What Is Codification and Is EPA

Codifying Idaho's Hazardous Waste

Program as Authorized in This Rule?

Codification is the process of placing

the State's statutes and regulations that

comprise the State's authorized

hazardous waste program into the Code

of Federal Regulations. We do this by

referencing the authorized State rules in

40 CFR part 272. We reserve the

amendment of 40 CFR part 272, subpart

N for the codification of Idaho's

program changes until a later date.

L. Administrative Requirements

The Office of Management and Budget

has exempted this action from the

requirements of Executive 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 and imposes no additional

requirements beyond those imposed by

State law. Accordingly, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this action authorizes

pre-existing requirements under State

law and does not impose any additional

enforceable duty beyond that required

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 of Tribal governments,

as specified by Executive Order 13084

(63 FR 27655, May 10, 1998). This

action 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 (64

FR 43255, August 10, 1999), because it

merely authorizes State requirements as

part of the State RCRA hazardous waste

program without altering the

relationship or the distribution of power

and responsibilities established by

RCRA. This action also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant and it does 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. It would thus be

inconsistent with applicable law for

EPA, when it reviews a State

authorization application, to require the

use of any particular voluntary

consensus standard in place of another

standard that otherwise satisfies the

requirements of RCRA. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the "Attorney

General's Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings" issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. 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

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action will be effective November 20,

2001.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

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

Dated: August 1, 2001.

Charles E. Findley,

Acting Regional Administrator, Region 10.

[FR Doc. 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 Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Schuylkill Metals Corporation

Superfund Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) Region 4 announces the

deletion of the Schuylkill Metals

Corporation Superfund Site from the

National Priorities List (NPL). The NPL

constitutes appendix B of 40 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

on this site is available through the EPA

Region 4 public docket, which is

available for viewing at the information

repositories at two locations. Locations,

contacts, phone numbers and viewing

hours are: U.S. EPA Region 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. EPA Region 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 of the Schuylkill

Metals Corporation Superfund Site in

Plant City, Hillsborough County, Florida

from the NPL, which constitutes

appendix B of 40 CFR part 300. EPA

published a Notice of Intent to Delete

the Schuylkill Metal Corporation

Superfund Site from the NPL on June

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 of Deletion.

EPA identifies sites on the NPL that

appear to present a significant risk to

public health, welfare, or the

environment. Sites on the NPL may be

the subject to remedial actions financed

by the Hazardous Substances Superfund

Response Trust Fund (Fund). Pursuant

to 40 CFR 300.425(e)(3) of the NCP, any

site deleted from the NPL remains

eligible for Fund-financed Remedial

Actions if conditions at the site warrant

such action. Deletion of a site from the

NPL does not affect the responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: August 5, 2001.

Russell Wright,

Acting Regional Administrator, Region 4.

For reasons set out in the preamble,

40 CFR part 300 is amended as follows:

PART 300-[AMENDED]

1. The authority citation for part 300

continues to read as follows:

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 of appendix B to part 300

is amended by removing the site

"Schuylkill Metals Corp., Plant City,

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 of the Exclusive Economic

Zone Off Alaska; Steller Sea Lion

Protection Measures and 2001 Harvest

Specifications and Associated

Management Measures for the

Groundfish Fisheries Off Alaska;

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 rule by

adding footnote reference numbers and

their corresponding footnotes, which

were inadvertently omitted or published

with errors to tables in the 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 rule that was

published July 17, 2001 (66 FR 37167),

implements Steller sea lion protection

measures and announces final 2001

harvest specifications for the groundfish

fisheries of the Bering Sea and Aleutian

Islands Area and the Gulf of Alaska. As

published, the final regulations contain

errors that need to be corrected in

Tables 7 and 27 to the preamble and in

Tables 21 through 24 to 50 CFR part 679

by adding footnote reference numbers

and footnotes.

Table 7 to the preamble inadvertently

omitted a footnote. Table 27 to the

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requirements. Redesignation to

attainment is an action that affects the

legal designation of a 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 of the

redesignation request will not have a

significant economic impact on a

substantial number of small entities.

(g) Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

("Unfunded Mandates Act"), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the

proposed approval does not include a

Federal mandate that may 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 of pre-existing

requirements under State or local law

and of the State's redesignation request,

and imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference,

Intergovernmental relations, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Dated: August 15, 2001.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

[FR Doc. 01-21197 Filed 8-22-01; 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: Proposed rule.

SUMMARY: Idaho has applied to EPA for

final authorization of changes to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA proposes to grant final

authorization to Idaho. In the "Rules

and Regulations" section of this 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 do not expect

comments that oppose it. We have

explained the reasons for this

authorization in the preamble to the

immediate final rule. Unless we get

written comments which oppose this

authorization during the comment

period, the immediate final rule will

become effective on the date established

in the final rule, and we will not take

further action on this proposal. If we get

comments that oppose this action, we

will withdraw the immediate final rule

and it 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. If you want to comment on

this action, you must do so at this time.

DATES: Send your written comments by

September 21, 2001.

ADDRESSES: Send written comments to

Jeff Hunt, U.S. EPA, Region 10, 1200

Sixth Avenue, Mail stop WCM-122,

Seattle, WA 98101, phone (206) 553-

0256. You can examine copies of the

materials submitted by Idaho during

normal business hours at the following

locations: EPA Region 10 Library,1200

Sixth Avenue, Seattle, WA, 98101,

phone (206) 553-1289; or Idaho

Department of Environmental 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 of this

Federal Register.

Dated: August 1, 2001.

Charles E. Findley,

Acting Regional Administrator, Region 10.

[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 of a document titled "Report

on the Corrosion of Certain Alloys"

("Alloys Report"). The Alloy Report

contains information on the corrosion of

stainless steel, brass, and bronze alloys

and the availability of chromium,

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 of the Emergency

Planning and Community Right-toKnow Act of 1986 (EPCRA), and

therefore may be reportable pursuant to

EPCRA section 313 and section 6607 of

the Pollution Prevention Act of 1990

(PPA). EPA is requesting comments on

the technical contents of this 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

and bronze alloys from the EPCRA

section 313 list of toxic chemicals.

DATES: Written comments, identified by

the docket control number OEI-100006,

must be received by EPA on or before

December 20, 2001.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

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 on EPCRA section

313, the Emergency Planning and

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