### 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 oftentative determination on application ofIdaho for final and interim authorization, public hearing, and public comment period.

SUMMAR. Idaho has applied forfinal authorization ofits 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 ofJuly 8. 1988, satisfies all of the requirements necessary to qualify for authorization as requested. Thus, EPA intends togrant final authorization-for RCRA base program as well as for other federal provisions in effect as ofJuly 1, 1987, and forinterim authorization ofHSWA corrective action provisions Section 3004(u) ofHSWA-to the State ofIdaho
to operate its program subject to the limitations on its authority retained by EPA in accordance with the Hazardous and SolidWaste 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 ifpublic interest is expressed. DATES: Apublic hearing is scheduled for January 24, 1990, at 7:00p.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 ifwritten 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 EPAby January 11, 1990.To find out whether a publichearing will be held, contact Nina Kocourek, EPA, (206) 442-6502 by January 13, 1990. ADDRESSES: 

### Copies ofIdaho's program application are available 8:00 a.m. to 4:30 p.m., Monday through Friday, at the following addresses forinspection and copying: Idaho Department ofHealth 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 forhearing, 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 ofResource Conservation Recovery Act (RCRA), 42 U.S.C. 6926 et seq., allows EPA to authorize State hazardous waste management programs to operate in lieu ofthe 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 isgranted by EPAif 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 ifthe 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 ifa state has not received final authorization forthose provisions.

EPA plans to codify the State's program in 40 CFR Part 272, Subpart N, in an Immediate Final Rule, ifand when

a Final Determination to grant authorization is published in the Federal Register. 

### B.Idaho
Idaho has notpreviously applied for authorization ofjany part ofthe Federal program under RCRA. OnJuly 7,1988, Idaho submitted its official application forfinal authorization forthose requirements promulgated as ofJuly 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 ofJuly 7, 1987. The State incorporated byreference all Regulations in 40 CFRparts 124, 260- 266, 268, and 270 that were in effect and codified as ofJuly 1,1987.No changes

were made to the federal RCRA program
as ofJuly 1,1987 and before July 8, 1987. The Stateis not seeking authorization at this time forany changes made to the Federal program after July 7,1987.

Prior to its submission, Idaho solicited public comment andheld a public hearing on its draft application. EPA has reviewed Idaho's application, and has tentatively determined that the State's program meets all ofthe 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'ofRCRA, as amended byHSWA.

During EPA'sreview of Idaho's application a question arose concerning the scope ofIdaho's regulatory exclusion for farmers.EPA excludes fromvirtually allhazardous 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 EPAhas notpreviously interpreted theterm "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 ofthe 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 seesno strong policyreasons fortrying 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 ofIdaho's

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### 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 7:00p.m. in the Supreme Court Building, Basement Conference Room, 451 West State Street, Boise, Idaho. Thepublic
may submit written comments on EPA's tentative determination for Idaho's final authorization until January 26, 1990. Copies ofIdaho's application are available forinspection 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 thehearing and during the public
comment period. Issues raised by those
comments may be thebasis for a decision to deny final authorization to Idaho. EPAexpects to make a final decision on whether ornot to approve Idaho's program byMarch 22, 1990 and will give notice ofthis decision in the Federal Register.The notice will include

a summary ofthe reasons for the final determination and a response to all major comments. Idaho is not seeking authority over any Indian lands; this authority willremain with EPA.

C. Effect ofHSWA on Idaho's Authorization

Prior to the Hazardous and Solid Waste Amendments amending RCRA, a State with Authorization would have administered itshazardous waste program entirely in lieu ofEPA. The Federal requirements no longer applied in the authorized State, and EPA could
not issue permits for'any facilities the State was authorized topermit. When
new, more stringent Federal requirements were promulgated or enacted, the State was obligated to enact equivalent authority within specified time frames. NewFederal requirements did nottake effect in an authorized State until the State adopted the requirements as State law.

In contrast, under the amended section 3006(g) ofRCRA, 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 offull orpartial permits, until the state is granted authorization to do so. While States must still adoptHSWA-related provisions as State law to retain final .authorization, the HSWA applies in authorized States in theinterim. 

### As a result ofthe HSWA, there will be

a dual State/Federal regulatory program in Idaho ifRCRA authorization is granted.To the extent the authorized State program is unaffected by the HSWA, the StateProgram willoperate in lieu ofthe Federal program. To the extent HSWA-related requirements are in effect,EPA will administer and enforce these portions ofthe HSWA in Idaho until the State receives authorization to do so.Among other things, thiswill entail theissuance of Federal RCRA permits for those areas in whichthe State is notyet authorized.

Once the State is authorized to implement a HSWA requirement or prohibition,the State programin that

area willoperate in lieu oftheFederal provision.Until that time the Statemay assist EPA'simplementation ofthe HSWAunder a Cooperative Agreement.

Today's tentative determination includes final authorization for HSWA provisions effective through July7, 1987, except for corrective action provisions ofHSWA effective through July 7,1987 forwhich 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 andits effect on authorized States. That notice was published at 50 CFR 28702- 28755, July 15,1985. Compliance With Executive Order 12291

The Office ofManagement and Budget (OMB) has exempted this rule from the requirements of section3 ofExecutive Order 12291.
Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of5U.S.C. 605(b), I hereby certify that this authorization will nothave a significant economic impact on a substantial number ofsmall entities.This authorization effectively suspends the applicability of certainFederal regulations in favor ofIdaho's program, thereby eliminating duplicative requirements for handlers ofhazardous waste in the State. Itdose notimpose any new burden on small entities.This rule, therefore, does notrequire a regulatory flexibility analysis.
Lists ofSubjects in 40 CFR Part271



### Administrative Practice and Procedure, Confidential business information, Hazardous materials transportation, Hazardous waste,Indian lands, Intergovernmental relations, Penalties, Reporting andrecordkeeping requirements, Water pollution control, Water supply.

Authority: Thisnotice is issuedunder the authority ofsection 2002(a), 3006 and7004(b) ofthe Solid Waste Disposal Act, as amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: December 7,1989. Robert S. Burd, ActingRegionalAdministrator. [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 ProhibitionsAgainst Broadcast Indecency
AGENCY: Federal Communications Commission. ACTION. Notice ofinquiry.

SUMMARY: The Commission solicits
comment regarding the validity of a recent 24-hour Congressional ban on the broadcast ofindecent material. This action is taken in response to a remand oftherecord by theU.S. Court of Appeals forthe D.C. Circuit inAction forChildren'sTelevisionv. FCC.The Commission sought and was granted the remand in order to develop an evidentiary record regarding the broadcast ofindecent material. The instant Notice fulfills the Commission's commitment to the court "to promptly collect data relevant to ajudicial determination ofthe validity ofa total ban on broadcast indecency." DATES: Comments are dueby 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) inMM Docket No. 89- 494, adopted October 26, 1989, and released November 20, 1989.The full
text ofthis Notice is available for inspection and copying during normal business hours in theFCC Dockets Branch (Room 230), 1919 M Street NW., Washington DC, and also maybe purchased from the Commission's copy contractor, International Transcription Services, (202) 857-3800, 2100 M Street NW., Suite 140, Washington, DC 20037. 

### 52801

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