Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17309 

4, ‘‘PM–10 Non-attainment Area Rules; 

Dustproofing and Stabilization for 

Commercial Unpaved Parking, Drive 

and Working Yards’’; Section 4–4–100, 

‘‘General Provisions,’’ amended on June 

3, 2009; Section 4–4–110, ‘‘Definitions,’’ 

amended on June 3, 2009; Section 4–4– 

120, ‘‘Objective Standards,’’ amended on 

June 3, 2009; Section 4–4–130, ‘‘Work 

Practice Standards,’’ adopted on June 3, 

2009; Section 4–4–140, ‘‘Recordkeeping 

and Records Retention,’’ adopted on 

June 3, 2009. Chapter 4, Article 5, ‘‘PM– 

10 Non-attainment Area Rules; 

Stabilization for Residential Parking and 

Drives’’; Section 4–5–150, ‘‘Stabilization 

for Residential Parking and Drives; 

Applicability,’’ amended on June 3, 

2009; Section 4–5–160, ‘‘Residential 

Parking Control Requirement,’’ amended 

on June 3, 2009; Section 4–5–170, 

‘‘Deferred enforcement date,’’ amended 

on June 3, 2009. Chapter 4, Article 7, 

‘‘Construction Sites in Non-Attainment 

Areas—Fugitive Dust’’; Section 4–7–210, 

‘‘Definitions,’’ adopted on June 3, 2009; 

Section 4–7–214, ‘‘General Provisions,’’ 

adopted on June 3, 2009; Section 4–7– 

218, ‘‘Applicability; Development 

Activity,’’ adopted on June 3, 2009; 

Section 4–7–222, ‘‘Owner and/or 

Operator Liability,’’ adopted on June 3, 

2009; Section 4–7–226, ‘‘Objective 

Standards; Sites,’’ adopted on June 3, 

2009; Section 4–7–230, ‘‘Obligatory 

Work Practice Standards; Sites,’’ 

adopted on June 3, 2009; Section 4–7– 

234, ‘‘Nonattainment-Area Dust Permit 

Program; General Provisions,’’ adopted 

on June 3, 2009; Section 4–7–238, 

‘‘Nonattainment Area Site Permits,’’ 

adopted on June 3, 2009; Section 4–7– 

242, ‘‘Nonattainment Area Block 

Permits,’’ adopted on June 3, 2009; 

Section 4–7–246, ‘‘Recordkeeping and 

Records Retention,’’ adopted on June 3, 

2009. Chapter 4, Article 9, ‘‘Test 

Methods’’; Section 4–9–320, ‘‘Test 

Methods for Stabilization For Unpaved 

Roads and Unpaved Parking Lots,’’ 

adopted on June 3, 2009; Section 4–9– 

340, ‘‘Visual Opacity Test Methods,’’ 

adopted on June 3, 2009. 

* * * * * 

[FR Doc. 2010–7737 Filed 4–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R10–RCRA–2009–0868; FRL–9122–8] 

Idaho: Incorporation by Reference of 

Approved State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Resource Conservation 

and Recovery Act, as amended, (RCRA), 

allows the Environmental Protection 

Agency (EPA) to authorize State 

hazardous waste programs if EPA finds 

that such programs are equivalent to 

and consistent with the Federal RCRA 

program and if such programs provide 

adequate enforcement of compliance. 

The regulations are used by EPA to 

codify its decision to authorize 

individual State programs and 

incorporate by reference those 

provisions of the State statutes and 

regulations that are subject to EPA’s 

RCRA inspection and enforcement 

authorities as authorized provisions of 

the State’s program. This direct final 

rule revises the codification of the 

authorized Idaho hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s statutes and regulations. 

DATES: This rule is effective June 7, 

2010, unless the EPA receives adverse 

comment on this regulation by the close 

of business May 6, 2010. If the EPA 

receives such comments, EPA will 

publish a timely withdrawal of this 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. The Director of the 

Federal Register approves this 

incorporation by reference as of June 7, 

2010 in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2009–0868 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: hedgpeth.zach@epa.gov. 

• Mail: Zach Hedgpeth, U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop AWT–122, Seattle, 

Washington 98101. 

• Hand Delivery: Zach Hedgpeth, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 900, Mail Stop AWT–122, Seattle, 

Washington 98101. Such deliveries are 

only accepted during the normal 

business hours of operation; special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–RCRA–2009– 

0868. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Region 10 Library, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

This Docket Facility is open from 9 a.m. 

to noon, and 1 to 4 p.m. Monday 

through Friday, excluding legal 

holidays. The library telephone number 

is 206–553–1289. 

FOR FURTHER INFORMATION CONTACT: 

Zach Hedgpeth, U.S. EPA, Region 10, 


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1200 Sixth Avenue, Mail stop WCM– 

122, Seattle, Washington 98101, e-mail: 

hedgpeth.zach@epa.gov, phone number 

(206) 553–1217. 

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, 42 

U.S.C. 6926(b), allows the 

Environmental Protection Agency to 

authorize State hazardous waste 

management programs. The State 

regulations 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. EPA retains 

independent enforcement authority 

pursuant to 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. 

This action codifies EPA’s 

authorization of revisions to Idaho’s 

hazardous waste management program. 

This direct final action codifies the State 

program in effect at the time EPA 

authorized revisions to the Idaho 

hazardous waste management program 

in a final rule dated December 23, 2008 

(73 FR 78647). Notice and an 

opportunity for comment regarding 

those revisions to the authorized State 

program were provided to the public at 

the time those revisions were proposed. 

EPA is not reopening its decision 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), March 10, 2004 (69 FR 11322), 

July 22, 2005 (70 FR 42273), February 

26, 2007 (72 FR 8283) and December 23, 

2008 (73 FR 78647). 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), August 24, 1999 (64 FR 34133), 

March 8, 2005 (70 FR 11132) and April 

20, 2006 (71 FR 20341). In this action, 

EPA is revising subpart N of 40 CFR part 

272, to include the most recent 

authorization revision effective 

December 23, 2008 (73 FR 78647). 

C. What Codification Decisions Have We 

Made in This Rule? 

This action incorporates by reference 

the authorized revisions to the Idaho 

hazardous waste program by revising 

subpart N of 40 CFR part 272. 40 CFR 

272.651, previously incorporated by 

reference Idaho’s authorized hazardous 

waste program, as amended, through 

2005. Section 272.651 also referenced 

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, Section 272.651 referenced 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. This action 

updates those demonstrations 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, as well as the Memorandum of 

Agreement, the Attorney General’s 

Statement and the Program Description, 

all of which were evaluated as part of 

the approval process for the program 

revision effective on December 23, 2008. 

D. What Is the Effect of Idaho’s 

Codification on Enforcement? 

EPA retains its independent 

enforcement authority under statutory 

provisions, including but not limited to, 

sections 3007, 3008, 3013 and 7003 of 

RCRA, 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 

incorporating 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. EPA lists 

Idaho’s authorities for informational 

purposes, and because EPA considered 

them in determining the adequacy of 

Idaho’s enforcement authorities. This 

action revises 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 to 

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) 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 updates that 

list for ‘‘broader in scope’’ provisions 

EPA identified in the recent 

authorization of the revision 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. 


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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. 

This 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 

Rules 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 direct final action codifies 

revisions to the EPA-authorized 

hazardous waste management program 

in Idaho pursuant to RCRA section 3006 

and imposes no requirements other than 

those imposed by State law. This action 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

2. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This direct 

final rule does not establish or modify 

any information or recordkeeping 

requirements for the regulated 

community. EPA has determined that it 

is not subject to the provisions of the 

Paperwork Reduction Act. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA), 5 U.S.C. 601 et seq., 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of this 

direct final rule on small entities, small 

entity is defined as: (1) A small 

business, as codified in the Small 

Business Size Regulations at 13 CFR 

part 121; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. EPA has 

determined that this direct final action 

will not have a significant impact on 

small entities because the action will 

only have the effect of codifying preexisting authorized requirements under 

State law. After considering the 

economic impacts of this action, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

4. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or Tribal 

governments or the private sector. This 

action imposes no new enforceable duty 

on any State, local or Tribal 

governments or the private sector. This 

action contains no regulatory 

requirements that might significantly or 

uniquely affect small government 

entities. Thus, EPA has determined that 

the requirements of section 203 of the 

UMRA do not apply to this action. 

5. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It 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. This action 

addresses the codification of the 

authorized State hazardous waste 

program in Idaho. Codification is the 

process of including the statutes and 

regulations that comprise the State’s 

authorized hazardous waste 

management program in the CFR. Thus, 

Executive Order 13132 does not apply 

to this action. Although section 6 of 

Executive Order 13132 does not apply 

to this action, EPA did consult with 

officials of the State of Idaho, 

Department of Environmental Quality in 

developing this action. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175. This action addresses the 

codification of the authorized State 

hazardous waste program in Idaho. 

Codification is the process of including 

the statutes and regulations that 

comprise the State’s authorized 

hazardous waste management program 

in the CFR. Thus, EPA has determined 

that Executive Order 13175 does not 

apply to this rule. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to EO 13045 

because it codifies an approved State 

program into the Code of Federal 

Regulations (CFR). Codification is the 

process of including the statutes and 

regulations that comprise the State’s 

authorized hazardous waste 

management program in the CFR. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272) 

directs EPA to use voluntary consensus 


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standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. EPA has 

determined that this action does not 

involve ‘‘technical standards’’ as defined 

by the NTTAA. Therefore EPA is not 

considering the use of any voluntary 

consensus standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action addresses 

codifying a revision of the authorized 

hazardous waste program in the State of 

Idaho. EPA has determined that the 

action is not subject to Executive Order 

12898. 

11. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended 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 

action will be effective June 7, 2010. 

List of Subjects in 40 CFR Part 272 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Incorporation by reference, 

Intergovernmental relations, Water 

pollution control, Water supply. 

Authority: This action is issued under the 

authority of Sections 2002(a), 3006 and 

7004(b) of the Solid Waste and Disposal Act, 

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

Dated: March 11, 2010. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

■ For the reasons set forth in the 

preamble, EPA amends 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: 

§ 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, 

March 10, 2004, July 22, 2005, February 

26, 2007 and December 23, 2008. 

(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) 2010 Codification of EPAApproved Idaho Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program, December 2008. 

(ii) [Reserved] 

(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) & (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 2008: 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, 


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Chapter 44, ‘‘Hazardous Waste 

Management’’, published in 2002 by the 

Michie Company, Law Publishers: 

sections 39–4403(6) & (14); 39–4428 and 

39–4429. 

(ii) 2004 Cumulative Pocket 

Supplement to the Idaho Code (I.C.), 

Volume 39, Title 44, ‘‘Hazardous Waste 

Management’’, published in 2004 by the 

Michie Company, Law Publishers, 

Charlottesville, Virginia: section 39– 

4427. 

(iii) 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). 

(iv) 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 2008: 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, September 11, 2002, 

September 22, 2004, June 13, 2006, 

September 29, 2006 and June 23, 2008, 

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 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) & (14)); 39–4408(1)–(3); 39–4409(1) 

(except fourth and fifth sentences); 

39–4409(2) (only the 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) & (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 

2008: 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; 58.01.05.018; 

58.01.05.356.01; and 58.01.05.998. 

* * * * * 

[FR Doc. 2010–7647 Filed 4–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 286 

RIN 0970–AC40 

Temporary Assistance for Needy 

Families (TANF) Carry-Over Funds 

AGENCY: Administration for Children 

and Families (ACF), Department of 

Health and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the statutory change to section 404(e) of 

the Social Security Act as enacted by 

the American Recovery and 

Reinvestment Act of 2009. This change 

allows States, Tribes and Territories to 

use Temporary Assistance for Needy 

Families (TANF) program funds carried 

over from a prior year for any allowable 

TANF benefit, service or activity. 

Previously these funds could be used 

only to provide assistance. This final 

rule applies to States, local 

governments, and Tribes that administer 

the TANF program. 

DATES: Effective April 6, 2010, the 

interim final rule amending 45 CFR part 

286 which was published at 74 FR 

25161 on May 27, 2009, is adopted as 

a final rule without change. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shelbourne, Director, Division of 

State TANF Policy and Acting Director, 

Division of Tribal TANF Management, 

Office of Family Assistance, ACF, at 

(202) 401–5150. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

Section 417 of the Social Security Act 

(42 U.S.C. 617) limits the authority of 

the Federal government to regulate State 

conduct or enforce the TANF provisions 

of the Social Security Act, except as 

expressly provided. We have interpreted 

this provision to allow us to regulate 

where Congress has charged HHS with 

enforcing certain TANF provisions by 

assessing penalties. Because the 

improper use of Federal TANF carryover funds can result in a financial 

penalty pursuant to 42 U.S.C. 609(a)(1), 

we have the authority to regulate in this 

instance. 

II. American Recovery and 

Reinvestment Act of 2009 

On February 17, 2009, the President 

signed the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5), which included a provision to lift the 

restriction on unspent Federal TANF 

funds reserved or ‘‘carried over’’ into a 

succeeding fiscal year. Prior to Public 

Law 111–5, carry-over funds could only 

be used to provide assistance (i.e., 

ongoing basic needs payments, and 

supportive services such as 

transportation and child care to families 

who are not employed). Section 2103 of 

Division B of Public Law 111–5 amends 

section 404(e) of the Social Security Act 

(Act) by allowing States, District of 

Columbia, the Territories and Tribes to 

use the carry-over funds for any 

allowable TANF benefit, service, or 

activity (such as job skills training or retraining activities, employment 

counseling services, parental counseling 

services, teen pregnancy prevention 

activities, services for victims of 

domestic violence, after-school 

programs)—and not just assistance. 

III. Response to Public Comment and 

Regulatory Provisions 

The interim final rule was published 

May 27, 2009, and provided a 60-day 

comment period. Only one comment 

was received from an advocacy 

organization that simply expressed 


sroberts on DSKD5P82C1PROD with RULES