Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59755 

7, 1979. Rescinded in 2008; see 

paragraph (c)(156) of this section. 

* * * * * 

(51) On October 1, 1982, and February 

28, 1983 the State of Ohio submitted 

revisions to Ohio Administrative Code 

(OAC) Rules 3745–35–03 which set 

forth requirements for obtaining 

variances. Rescinded in 2008; see 

paragraph (c)(156) of this section. 

* * * * * 

(98) * * * 

(i) Incorporation by reference. Rule 

3745–35–07, adopted November 3, 

1994, effective November 18, 1994. 

Rescinded in 2008; see paragraph 

(c)(156) of this section. 

* * * * * 

(119) * * * 

(i) * * * 

(A) Ohio Administrative Code 3745– 

35–02, adopted April 4, 1994, effective 

April 20, 1994. Rescinded in 2008; see 

paragraph (c)(156) of this section. 

* * * * * 

(156) On April 24, 2006, Ohio EPA 

submitted two permanent exemptions 

from the Permit to Install program and 

six Permit-by-Rule provisions for 

approval into its SIP. On July 18, 2008, 

Ohio EPA submitted provisions for a 

Permit to Install and Operate (PTIO) 

program and a general permit program 

for approval into its SIP. The changes to 

Ohio’s SIP involve the modification of 

various parts of OAC 3745–31, the 

removal of OAC 3745–35, and the 

addition of OAC 3745–31–29 to enable 

the issuance of federally enforceable 

general PTIs and general PTIOs. On June 

30, 2008, the state regulations to 

implement the PTIO program became 

effective and OAC 3745–35 was 

rescinded. 

(i) Incorporation by reference. 

(A) Paragraph (A) of Ohio 

Administrative Code Rule 3745–15–03, 

‘‘Submission of emission information.’’, 

effective June 30, 2008. 

(B) Ohio Administrative Code Rule 

3745–31–01, ‘‘Definitions.’’, effective 

December 14, 2007, except for 

paragraphs (I), (LLL)(2)(a)(xxi), 

(LLL)(4)(t), and (QQQ)(1)(b). 

(C) Ohio Administrative Code Rule 

3745–31–02, ‘‘Applicability, 

requirements, and obligations.’’, 

effective June 30, 2008. 

(D) Ohio Administrative Code Rule 

3745–31–03, ‘‘Exemptions.’’, effective 

June 30, 2008. 

(E) Ohio Administrative Code Rule 

3745–31–04, ‘‘Applications.’’, effective 

June 30, 2008. 

(F) Ohio Administrative Code Rule 

3745–31–05, ‘‘Criteria for decision by 

the director.’’, effective June 30, 2008, 

except for paragraph (A)(3)(a)(ii). 

(G) Ohio Administrative Code Rule 

3745–31–06, ‘‘Completeness 

determinations, processing 

requirements, public participation, 

public notice, and issuance.’’, effective 

June 30, 2008. 

(H) Ohio Administrative Code Rule 

3745–31–07, ‘‘Termination, revocation, 

expiration, renewal, revision and 

transfer.’’, effective June 30, 2008. 

(I) Ohio Administrative Code Rule 

3745–31–08, ‘‘Registration status 

permit-to-operate.’’, effective June 30, 

2008. 

(J) Ohio Administrative Code Rule 

3745–31–09, ‘‘Variances on operation.’’, 

effective June 30, 2008. 

(K) Ohio Administrative Code Rule 

3745–31–10, ‘‘NSR projects at existing 

emissions units at a major stationary 

source.’’, effective June 30, 2008. 

(L) Ohio Administrative Code Rule 

3745–31–20, ‘‘Attainment provisions— 

innovative control technology.’’, 

effective June 30, 2008. 

(M) Ohio Administrative Code Rule 

3745–31–22, ‘‘Nonattainment 

provisions—conditions for approval.’’, 

effective June 30, 2008. 

(N) Ohio Administrative Code Rule 

3745–31–29, ‘‘General permit-to-install 

and general PTIO.’’, effective June 30, 

2008. 

(O) Ohio Administrative Code Rule 

3745–31–32, ‘‘Plantwide applicability 

limit (PAL).’’, effective June 30, 2008. 

(P) Ohio Administrative Code Rule 

3745–31–33, ‘‘Site preparation activities 

prior to obtaining a final permit-toinstall or PTIO.’’, effective June 30, 

2008. 

(Q) June 2, 2008, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio EPA. 

[FR Doc. 2012–23987 Filed 9–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0343; FRL–9734–5] 

Approval and Promulgation of 

Implementation Plans; Alabama 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submission, submitted by the State 

of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), as demonstrating 

that the State meets certain state 

implementation plan (SIP) requirements 

of sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or the Act) for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Alabama certified 

that the Alabama SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2 NAAQS are 

implemented, enforced, and maintained 

in Alabama (hereafter referred to as 

‘‘infrastructure submission’’). Alabama’s 

infrastructure submissions, provided to 

EPA on July 25, 2008, and September 

23, 2009, addressed all the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

with the exception of sections 

110(a)(2)(D)(i) and (E)(ii), which will be 

addressed in separate actions. 

DATES: This rule is effective October 31, 

2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0343. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

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59756 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) or the 

nonattainment plan requirements of section 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

and 2006 PM2.5 NAAQS. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s final rulemaking. 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 38652), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On June 11, 2012, EPA 

proposed to approve Alabama’s July 25, 

2008, and September 23, 2009, 

infrastructure submissions for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

See 77 FR 34288. A summary of the 

background for today’s final action is 

provided below. See EPA’s June 11, 

2012, proposed rulemaking at 77 FR 

34288 for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. The data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affects the 

content of the submission. The contents 

of such SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous PM NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ and 

September 25, 2009, memorandum 

entitled ‘‘Guidance on SIP Elements 

Required Under Section 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

II. This Action 

EPA is taking final action to approve 

Alabama’s infrastructure submissions as 

demonstrating that the State meets 

certain applicable requirements of 

sections 110(a)(1) and (2) of the CAA for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. EPA notes that sections 

110(a)(2)(D)(i) and (E)(ii) are not 

addressed by today’s action. Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. ADEM certified 

that the Alabama SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2.5 NAAQS are 

implemented, enforced, and maintained 

in Alabama. 

EPA received no adverse comments 

on its June 11, 2012, proposed approval 

of Alabama’s July 25, 2008, and 

September 23, 2009, infrastructure 

submissions. Additionally, on 

September 10, 2012, EPA signed a final 

rulemaking action approving revisions 

to Alabama’s New Source Review (NSR) 

requirements. EPA is not taking action 

today on Alabama’s NSR program, as 

these requirements are already approved 

in Alabama’s SIP. 

Alabama’s infrastructure submissions, 

provided to EPA on July 25, 2008, and 

September 23, 2009, address all the 

required infrastructure elements for the 

1997 annual and 2006 24-hour PM2.5

NAAQS with the exception of sections 

110(a)(2)(D)(i) and (E)(ii) which will be 

addressed in a separate action. EPA has 

determined that Alabama’s July 25, 

2008, and September 23, 2009, 

submissions are consistent with the 

requirements of CAA section 110 being 

acted upon today. 

III. Final Action 

As already described, ADEM has 

addressed certain elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that 1997 annual and 

2006 24-hour PM2.5 NAAQS are 

implemented, enforced, and maintained 

in Alabama. EPA is taking final action 

to approve Alabama’s July 25, 2008, and 

September 23, 2009, submissions for 

1997 annual and 2006 24-hour PM2.5

NAAQS (with the exception of sections 

110(a)(2)(D)(i) and (E)(ii)) because these 

submissions are consistent with section 

110 of the CAA. Today’s action is not 

approving any specific rule, but rather 

making a determination that Alabama’s 

already approved SIP meets certain 

CAA requirements. 

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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59757 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian 

country, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

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 action 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 of the rule 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 30, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 14, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart B—Alabama 

■ 2. Section 52.50(e) is amended by 

adding two new entries for ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 1997 Fine Particulate Matter 

National Ambient Air Quality 

Standards’’ and ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards’’ at the 

end of the table to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 

1997 Fine Particulate Matter National Ambient 

Air Quality Standards.

Alabama .................... 7/25/2008 10/1/12 ..........................

[Insert citation of publication].

With the exception of 

sections 

110(a)(2)(D)(i) and 

110(a)(2)(E)(ii). 

110(a)(1) and (2) Infrastructure Requirements for 

2006 Fine Particulate Matter National Ambient 

Air Quality Standards.

Alabama .................... 9/23/2009 10/1/12 ..........................

[Insert citation of publication].

With the exception of 

sections 

110(a)(2)(D)(i) and 

110(a)(2)(E)(ii). 

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59758 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 

[FR Doc. 2012–23989 Filed 9–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R10–RCRA–2011–0973; FRL–9707–1] 

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 management programs 

if the 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 the 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 the 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 rules and regulations. 

DATES: This rule is effective November 

30, 2012, unless the EPA receives 

adverse comment on this regulation by 

the close of business October 31, 2012. 

If the EPA receives such comments, the 

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 and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to codify Idaho’s authorized 

hazardous waste management program. 

The Director of the Federal Register 

approves this incorporation by reference 

as of November 30, 2012 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–2011–0973 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: kocourek.nina@epa.gov. 

• Mail: Nina Kocourek, U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop AWT–122, Seattle, WA 

98101. 

• Hand Delivery: Nina Kocourek, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 900, Mail Stop AWT–122, Seattle, 

WA 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–2011– 

0973. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 the 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 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 

www.regulations.gov or in hard copy at 

the EPA Region 10 Library, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

The EPA Region 10 Library is open from 

9:00 a.m. to noon, and 1:00 to 4:00 p.m. 

Monday through Friday, excluding legal 

holidays. The EPA Region 10 Library 

telephone number is (206) 553–1289. 

FOR FURTHER INFORMATION CONTACT: 

Nina Kocourek, U.S. EPA, Region 10, 

1200 Sixth Avenue, Suite 900, Mail 

Stop AWT–122, Seattle, WA 98101, 

email: kocourek.nina@epa.gov, phone 

number (206) 553–6502. 

SUPPLEMENTARY INFORMATION: 

I. Incorporation by Reference 

A. What is codification? 

Codification is the process of 

including the rules and regulations that 

comprise the State’s authorized 

hazardous waste management program 

in the Code of Federal Regulations 

(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 the EPA 

supplant the federal regulations 

concerning the same matter with the 

result that after authorization the EPA 

enforces the authorized regulations. 

Infrequently, State statutory language 

which acts to regulate a matter is also 

authorized by the EPA with the 

consequence that the EPA enforces the 

authorized statutory provision. The 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. The 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 the 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 the EPA 

authorized revisions to the Idaho 

hazardous waste management program 

in a final rule effective July 11, 2012 (77 

FR 34229, June 11, 2012). 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. 

The EPA is not reopening its decision to 

authorize changes to the State’s program 

nor is the EPA requesting comment on 

those revisions. 

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