52800 Federal Register / Vol. 54, No. 245 / Friday, December 22, 1989 / Rules and Regulations

40 CFR Part 271

IFRL 3699-2]

Idaho; Final and Interim Authorization

of State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of tentative

determination on application of Idaho

for final and interim authorization,

public hearing, and public comment

period.

SUMMAR. Idaho has applied for final

authorization of its hazardous waste

program under the Resource

Conservation and Recovery Act

(RCRA), including a request for interim

authorization for the corrective action

provisions of the Hazardous and Solid

Waste Amendments of 1984 (HSWA).

The U.S. Environmental Protection

Agency (EPA) has reviewed Idaho's

application and has made the tentative

decision, subject to public review and

comment, that Idaho's hazardous waste

program effective as of July 8. 1988,

satisfies all of the requirements

necessary to qualify for authorization as

requested. Thus, EPA intends to grant

final authorization-for RCRA base

program as well as for other federal

provisions in effect as of July 1, 1987,

and for interim authorization of HSWA

corrective action provisions Section

3004(u) of HSWA-to the State of Idaho

to operate its program subject to the

limitations on its authority retained by

EPA in accordance with the Hazardous

and Solid Waste Amendments of 1984

(HSWA). Idaho's application for

authorization is available for public

review and comment, and a public

hearing will be held to solicit comments

on the application if public interest is

expressed.

DATES: A public hearing is scheduled for

January 24, 1990, at 7:00 p.m., in the

Supreme Court Building, Basement

Conference Room, 451 West State

Street, Boise, Idaho. Idaho will

participate in the public hearing held by

EPA on this'subject. All comments on

Idaho's final authorization application

must be received by the close of

business on January 26,1990. EPA

reserves the right to cancel the public

hearing if written interest in holding a

hearing is not received by EPA by

January 11, 1990. Those wishing to

testify at such hearing are asked to

submit a written request to EPA by

January 11, 1990. To find out whether a

public hearing will be held, contact Nina

Kocourek, EPA, (206) 442-6502 by

January 13, 1990.

ADDRESSES: Copies of Idaho's program

application are available 8:00 a.m. to

4:30 p.m., Monday through Friday, at the

following addresses for inspection and

copying: Idaho Department of Health

and Welfare, Hazardous Materials

Bureau, 450 West State St., Boise, Idaho

83720, (208) 334-5879; U.S. EPA

Headquarters Library, PM 211A, 401 M

St. SW., Washington, DC 20460, (202)

382-5926; U.S. EPA, Region 10 Library,

1200 Sixth Ave., Seattle, Washington

98101, (206) 442-1259. Written

comments, request for hearing, and

request to testify at hearing should be

sent to Nina Kocourek, HW-112, Waste

Management Branch, U.S. EPA, Region

10, 1200 Sixth Ave., Seattle, Washington

98101, (206) 442-6502.

FOR FURTHER INFORMATION CONTACT.

Nina Kocourek, HW-112, Waste

Management Branch, U.S. EPA, Region

10, 1200 Sixth Ave., Seattle, Washington

98101, (206) 442-6502.

SUPPLEMENTARY INFORMATION:

A. Background

Section 3006 of Resource

Conservation Recovery Act (RCRA), 42

U.S.C. 6926 et seq., allows EPA to

authorize State hazardous waste

management programs to operate in lieu

of the Federal hazardous waste program

subject to the authority retained by EPA

in accordance with the Hazardous and

Solid Waste Amendments of 1984

(HSWA), Pub. L. 98-616. Final

authorization is granted by EPA if the

Agency finds that the State program (1)

is "equivalent" to the Federal program,

(2) is "consistent" with the Federal

program and other State programs, and

(3) provides for adequate enforcement

authority (section 3006(b); 42 U.S.C.

6926(b)). States applying for

authorization must demonstrate a

program equivalent to the Federal

program in effect one year prior to the

date the application is submitted.

Interim authorization is a temporary

authorization which a state can request

and which is granted if the state

requirements are substantially

equivalent to the federal program

requirement. (Section 3006(g)(2), 42

U.S.C. 6926(g)(2)). All interim

authorizations pursuant to section

3006(g)(2) expire on January 1, 1993.

Responsibility for that portion of the

program reverts to EPA on that date if a

state has not received final

authorization for those provisions.

EPA plans to codify the State's

program in 40 CFR Part 272, Subpart N,

in an Immediate Final Rule, if and when

a Final Determination to grant

authorization is published in the Federal

Register.

B. Idaho

Idaho has not previously applied for

authorization of jany part of the Federal

program under RCRA. On July 7,1988,

Idaho submitted its official application

for final authorization for those

requirements promulgated as of July 7,

1987 under RCRA and HSWA. On

November 17, 1989, the state requested

interim authorization for the HSWA

corrective action provisions of section

3004(u), promulgated as of July 7, 1987.

The State incorporated by reference all

Regulations in 40 CFR parts 124, 260-

266, 268, and 270 that were in effect and

codified as of July 1, 1987. No changes

were made to the federal RCRA program

as of July 1, 1987 and before July 8, 1987.

The State is not seeking authorization at

this time for any changes made to the

Federal program after July 7,1987.

Prior to its submission, Idaho solicited

public comment and held a public

hearing on its draft application. EPA has

reviewed Idaho's application, and has

tentatively determined that the State's

program meets all of the requirements

necessary to qualify for interim and

final authorization as described above.

Consequently, EPA intends to grant

interim and final authorizationto Idaho

to operate its program, subject to EPA's

retention of authority under sections

3007, 3008, 3013, and 7003'of RCRA, as

amended by HSWA.

During EPA's review of Idaho's

application a question arose concerning

the scope of Idaho's regulatory

exclusion for farmers. EPA excludes

from virtually all hazardous waste

regulation "farmers" who dispose of

waste pesticides from their own use,

provided that the disposal meets

specified standards. See e.g., 40 CFR

264.1(g)(4). Idaho's exclusion specifies

that both "farmers" and "ranchers" ar6

exempt. Since EPA has not previously

interpreted the term "farmer" in this

exclusion, it must address this issue to

act on Idaho's application. EPA notes

first that the dictionary definitions of

"farm" and "ranch" substantiallyoverlap. Also, EPA believes that the

usage of the terms varies from region to

region, so that agricultural operations

that might be called "farms" in the

eastern U.S. could be called "ranches"

in the West. Further, EPA sees no strong

policy reasons for trying to distinguish

between these two subcategories of

agricultural operations. Accordingly,

EPA has tentatively determined to

interpret "farmer", as used in EPA's

RCRA regulatory exclusion, to include

both "farmers" and "ranchers", and to

approve this aspect of Idaho's

HeinOnline -- 54 Fed. Reg. 52800 1989
Federal Register / Vol. 54, No. 245 / Friday, December 22, 1989 / Rules and Regulations

application. EPA solicits comments on

these issues.

In accordance with section 3006 of

RCRA and 40 CFR 271.20(d), the Agency

will hold a public hearing on its

tentative decision on January 24, 1990 at

7:00 p.m. in the Supreme Court Building,

Basement Conference Room, 451 West

State Street, Boise, Idaho. The public

may submit written comments on EPA's

tentative determination for Idaho's final

authorization until January 26, 1990.

Copies of Idaho's application are

available for inspection and copying at

the locations indicated in the

"Addresses" section of this notice.

EPA will consider all public comments

on its tentative determination received

at the hearing and during the public

comment period. Issues raised by those

comments may be the basis for a

decision to deny final authorization to

Idaho. EPA expects to make a final

decision on whether or not to approve

Idaho's program by March 22, 1990 and

will give notice of this decision in the

Federal Register. The notice will include

a summary of the reasons for the final

determination and a response to all

major comments. Idaho is not seeking

authority over any Indian lands; this

authority will remain with EPA.

C. Effect of HSWA on Idaho's

Authorization

Prior to the Hazardous and Solid

Waste Amendments amending RCRA, a

State with Authorization would have

administered its hazardous waste

program entirely in lieu of EPA. The

Federal requirements no longer applied

in the authorized State, and EPA could

not issue permits for'any facilities the

State was authorized to permit. When

new, more stringent Federal

requirements were promulgated or

enacted, the State was obligated to

enact equivalent authority within

specified time frames. New Federal

requirements did not take effect in an

authorized State until the State adopted

the requirements as State law.

In contrast, under the amended

section 3006(g) of RCRA, 42 U.S.C.

6926(g), new requirements and

prohibitions imposed by HSWA take

effect in authorized States at the same

time as they take effect in nonauthorized States. EPA is directed to

carry out those requirements and

prohibitions in authorized States,

including the issuance of full or partial

permits, until the state is granted

authorization to do so. While States

must still adopt HSWA-related

provisions as State law to retain final

.authorization, the HSWA applies in

authorized States in the interim.

As a result of the HSWA, there will be

a dual State/Federal regulatory program

in Idaho if RCRA authorization is

granted. To the extent the authorized

State program is unaffected by the

HSWA, the State Program will operate

in lieu of the Federal program. To the

extent HSWA-related requirements are

in effect, EPA will administer and

enforce these portions of the HSWA in

Idaho until the State receives

authorization to do so. Among other

things, this will entail the issuance of

Federal RCRA permits for those areas in

which the State is not yet authorized.

Once the State is authorized to

implement a HSWA requirement or

prohibition, the State program in that

area will operate in lieu of the Federal

provision. Until that time the State may

assist EPA's implementation of the

HSWA under a Cooperative Agreement. Today's tentative determination

includes final authorization for HSWA

provisions effective through July 7, 1987,

except for corrective action provisions

of HSWA effective through July 7,1987

for which interim authorization is

sought. Any State requirement that Is

more stringent than a Federal HSWA

provision will also remain in effect; thus,

regulated handlers must comply with

any more stringent State requirements.

EPA has published a Federal Register

notice that explains in detail the HSWA

and its effect on authorized States. That

notice was published at 50 CFR 28702-

28755, July 15,1985.

Compliance With Executive Order 12291

The Office of Management and Budget

(OMB) has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Idaho's program,

thereby eliminating duplicative

requirements for handlers of hazardous

waste in the State. It dose not impose

any new burden on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

Lists of Subjects in 40 CFR Part 271

Administrative Practice and

Procedure, Confidential business

information, Hazardous materials

transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of section 2002(a), 3006 and 7004(b)

of the Solid Waste Disposal Act, as amended

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

Dated: December 7, 1989.

Robert S. Burd,

Acting Regional Administrator.

[FR Doc. 89-29742 Filed 12-21-89; 8:45 am]

efLtImG COOE 660-0-M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 89-494; FCC 89-3071

Broadcast Services; Enforcement of

Prohibitions Against Broadcast

Indecency

AGENCY: Federal Communications

Commission.

ACTION. Notice of inquiry.

SUMMARY: The Commission solicits

comment regarding the validity of a

recent 24-hour Congressional ban on the

broadcast of indecent material. This

action is taken in response to a remand

of the record by the U.S. Court of

Appeals for the D.C. Circuit in Action

for Children's Television v. FCC. The

Commission sought and was granted the

remand in order to develop an

evidentiary record regarding the

broadcast of indecent material. The

instant Notice fulfills the Commission's

commitment to the court "to promptly

collect data relevant to a judicial

determination of the validity of a total

ban on broadcast indecency."

DATES: Comments are due by January

19, 1990, and reply comments are due by

February 16, 1990.

ADDRESS: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT.

Marilyn Mohrman-Gillis, Mass Media

Bureau, Policy and Rules Division, (202)

632-7792.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the. Commission's Notice of

Inquiry (Notice) in MM Docket No. 89-

494, adopted October 26, 1989, and

released November 20, 1989. The full

text of this Notice is available for

inspection and copying during normal

business hours in the FCC Dockets

Branch (Room 230), 1919 M Street NW.,

Washington DC, and also may be

purchased from the Commission's copy

contractor, International Transcription

Services, (202) 857-3800, 2100 M Street

NW., Suite 140, Washington, DC 20037.

52801

HeinOnline -- 54 Fed. Reg. 52801 1989