Federal Register/Vol. 69, No. 236/Thursday, December 9, 2004/Proposed Rules

encryption, and be free of any defects or

viruses. For additional instructions on

submitting comments, go to section I of

the SUPPLEMENTARY INFORMATION section

of this document.

Docket: All documents in the

electronic docket are listed in the

Regional Material in EDocket (RME)

index at http://www.epa.gov/rmepub/

index.jsp. Although listed in the index,

some information is not publicly

available, i.e., Confidential Business

Information (CBI) or other information

whose disclosure is restricted by statute.

Publicly available docket materials are

available either electronically in RME or

in hard copy at Environmental

Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

(Please telephone Michael Leslie at

(312) 353-6680 before visiting the

Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Michael Leslie, Environmental

Engineer, Criteria Pollutant Section, Air

Programs Branch (AR-18J), USEPA,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 353-6680.

leslie.michael@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

B. What should I consider as I prepare my

comments for EPA?

II. What Action is EPA Taking Today?

III. Where Can I Find More Information

About This Proposal and the

Corresponding Direct Final Rule?

I. General Information

A. Does This Action Apply to me?

This action primarily applies to the

transportation sector represented by

Metropolitan Council, the Minnesota

Department of Transportation and

persons needing to travel in the

Minneapolis-St. Paul metropolitan area.

B. What Should I Consider as I Prepare

my Comments for EPA?

1. Submitting CBL Do not submit

Confidential Business Information (CBI)

to EPA through Regional Material in

EDocket (RME), regulations.gov or email. Clearly mark the part or all of the

information that you claim to be CBI.

For CBI information in a disk or CDROM that you mail to EPA, mark the

outside of the disk or CD-ROM as CBI

and then identify electronically within

the disk or CD-ROM the specific

information that is claimed as CBI. In

addition to one complete version of the

comment that includes information

claimed as CBI, a copy of the comment

that does not contain the information

claimed as CBI must be submitted for

inclusion in the public docket.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

2. Tips for Preparing Your Comments.

When submitting comments, remember

to:

a. Identify the rulemaking by docket

number and other identifying

information (subject heading, Federal

Register date and page number).

b. Follow directions-The agency may

ask you to respond to specific questions

or organize comments by referencing a

Code of Federal Regulations (CFR) part

or section number.

c. Explain why you agree or disagree;

suggest alternatives and substitute

language for your requested changes.

d. Describe any assumptions and

provide any technical information and/

or data that you used.

e. If you estimate potential costs or

burdens, explain how you arrived at

your estimate in sufficient detail to

allow for it to be reproduced.

f. Provide specific examples to

illustrate your concerns, and suggest

alternatives.

g. Explain your views as clearly as

possible, avoiding the use of profanity

or personal threats.

h. Make sure to submit your

comments by the comment period

deadline identified.

II. What Action is EPA Taking Today?

EPA is proposing to approve the

Minnesota SIP revision submitted on

November 10, 2004. This submittal

revises Minnesota's 1996 and 2009 CO

emission inventories and 2009 MVEB

using MOBILE6 for the Minneapolis-St.

Paul CO maintenance area.

III. Where Can I Find More Information

About This Proposal and the

Corresponding Direct Final Rule?

For additional information, see the

Direct Final Rule which is located in the

Rules section of this Federal Register.

Copies of the request and the EPA's

analysis are available electronically at

Regional Material in EDocket (RME) or

in hard copy at the above address.

(Please telephone Michael Leslie at

(312) 353-6680 before visiting the

Region 5 Office.)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide.

Dated: November 30, 2004.

Bharat Mathur,

Acting Regional Administrator, Region 5.

[FR Doc. 04-27027 Filed 12-8-04; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

[FRL-7846-6]

Idaho: Incorporation by Reference of

Approved State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Resource Conservation

and Recovery Act, as amended (RCRA),

allows EPA to authorize State hazardous

waste management programs if EPA

finds that such programs are equivalent

and consistent with the Federal program

and provide adequate enforcement of

compliance. Title 40 of the Code of

Federal Regulations (CFR) Part 272 is

used by EPA to codify its decision to

authorize individual State programs and

incorporates by reference those

provisions of the State statutes and

regulations that are subject to EPA's

inspection and enforcement authorities

as authorized provisions of the State's

program. This rule proposes to revise

the codification of the Idaho authorized

program.

DATES: Comments on this proposed

action must be received by the close of

business January 10, 2005. If EPA

receives significant comments on this

proposed action, EPA will respond to

such comments in the Federal Register

at the time EPA publishes a final rule.

ADDRESSES: Send written comments by

mail to Jeff Hunt, U.S. EPA, Region 10,

1200 Sixth Avenue, Mail stop AWT122, Seattle, WA 98101, or via e-mail to

hunt.jeff@epa.gov. You can inspect the

records related to this codification effort

from 8:30 a.m. to 4 p.m. Monday

through Friday in the EPA Region 10

Library, 1200 Sixth Avenue, Mail stop

WCM-122, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Jeff

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

Avenue, Mail stop WCM-122, Seattle,

WA 98101, e-mail: hunt.jeff@epa.gov,

phone number (206) 553-0256.

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, as

amended, allows the Environmental

Protection Agency (EPA) to authorize

State hazardous waste management

programs. The State regulations

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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 in accordance

with 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.

Today's action proposes to codify

EPA's authorization of revisions to

Idaho's hazardous waste management

program. This proposed codification

reflects the State program in effect at the

time EPA authorized revisions to the

Idaho hazardous waste management

program in a final rule dated March 10,

2004 (69 FR 11322). Notice and an

opportunity for comment regarding the

revisions to the authorized State

program were provided to the public at

the time those revisions were proposed.

EPA is not reopening its decisions 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), and March 10, 2004 (69 FR

11322). 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),

and August 24, 1999 (64 FR 34133). In

this action, EPA is proposing to revise

Subpart N of 40 CFR part 272, to

include the recent authorization

revision actions effective July 1, 2002

(67 FR 44069) and March 10, 2004 (69

FR 11322).

C. What Decisions Have We Proposed in

This Action?

Today's action proposes to codify

EPA's authorization of revisions to

Idaho's hazardous waste management

program. The proposed codification will

incorporate by reference the most recent

version of the State's authorized

hazardous waste management

regulations. This proposed action does

not reopen any decision EPA previously

made concerning the authorization of

the State's hazardous waste

management program. EPA is not

requesting comments on its decisions

published in the Federal Register

notices referenced in section B of this

document concerning revisions to the

authorized program in Idaho.

EPA is proposing to incorporate by

reference the authorized revisions to the

Idaho hazardous waste program by

revising subpart N of 40 CFR part 272.

40 CFR part 272, subpart N, § 272.651

currently incorporates by reference

Idaho's authorized hazardous waste

program, as amended, through 1999.

Section 272.651 also references 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,

§ 272.651 references 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.

D. What Is the Effect of Idaho's

Codification on Enforcement?

EPA retains the authority under

statutory provisions, including but not

limited to, RCRA sections 3007, 3008,

3013 and 7003, 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

proposing to incorporate 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. 40 CFR 272.651(b)(2) lists

these authorities for informational

purposes, and also because EPA

considered them in determining the

adequacy of Idaho's enforcement

authorities. This action proposes to

revise 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

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) currently 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 proposes to

update that list for "broader in scope"

provisions EPA identified in recent

authorization actions for revisions 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.

Idaho has adopted but is not

authorized for certain sections of the

Post Closure rule (Standards Applicable

to Owners and Operators of Closed and

Closing Hazardous Waste Management

Facilities: Post-Closure Permit

Requirement and Closure Process; Final

Rule) promulgated by EPA on October

22, 1998 (63 FR 56710). These

unauthorized sections of the Post

Closure rule include the State analogs to

Federal citations 40 CFR 270.1(c)(7), 40

CFR 265.121, 40 CFR 265.110(c), and 40

CFR 265.118(c)(4). Additionally, Idaho

is authorized for State analogs to

Federal 40 CFR 264.90(e), 264.90(f),

264.110(c), 264.112(b)(8),

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264.112(c)(2)(iv), 264.118(b)(4),

264.118(d)(2)(iv), 264.140(d), 265.90(f),

265.110(d), 265.112(b)(8), 265.118(c)(5),

265.140(d), 270.1(c) introductory text,

and 270.28 except where those sections

reference the use of enforceable

documents in the context of the Post

Closure rule. Idaho did not seek, nor

receive, authorization for language in

those sections which state as follows: "* * * or in an enforceable document

(as defined in 270.1(c)(7)." Therefore,

these Federal amendments included in

Idaho's adoption by reference at IDAPA

58.01.05.000, et seq., but which are not

part of the State's authorized program

will not be included in this proposed

codification.

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.

The proposed 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

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 action proposes to codify EPAauthorized hazardous waste

management requirements pursuant to

RCRA Section 3006 and imposes no

requirements other than those imposed

by State law (see Supplementary

Information). Therefore, this proposed

action complies with applicable

executive orders and statutory

provisions as follows:

1. Executive Order 12866: Regulatory

Planning Review-The Office of

Management and Budget (OMB) has

exempted this action from the

requirements of Executive Order 12866

(58 FR 51735, October 4, 1993).

2. Paperwork Reduction Act-This

proposed action does not impose an

information collection burden under the

Paperwork Reduction Act.

3. Regulatory Flexibility Act-This

action proposes to codify Idaho's

authorized hazardous waste

management regulations in the CFR and

does not impose new burdens on small

entities. After considering the economic

impacts of today's proposed rule on

small entities under the Regulatory

Flexibility Act, I certify that this action

will not have a significant economic

impact on a substantial number of small

entities.

4. Unfunded Mandates Reform ActBecause this action proposes to codify

pre-existing requirements under State

law which EPA already approved under

40 CFR part 271 and does not impose

any additional enforceable duty beyond

that required by State law or existing

Federal law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104-4).

5. Executive Order 13132:

Federalism-Executive Order 13132

does not apply to this proposed action

because it will not have federalism

implications (i.e. 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). This

action proposes to codify existing

authorized State hazardous waste

management program requirements

without altering the relationship or the

distribution of power and

responsibilities established by RCRA.

6. Executive Order 13175:

Consultation and Coordination with

Indian Tribal Governments-Executive

Order 13175 does not apply to this

proposed action because this action

does not have tribal implications (i.e.,

substantial direct effects on one or more

Indian tribes, on the relationship

between the Federal government and

the Indian tribes, or on the distribution

of power and responsibilities between

the Federal government and Indian

tribes).

7. Executive Order 13045: Protection

of Children from Environmental Health

and Safety Risks-This proposed action

is not subject to Executive Order 13045

because it is not economically

significant and it does not make

decisions based on environmental

health or safety risks.

8. Executive Order 13211: Actions

that Significantly Affect Energy Supply,

Distribution, or Use-This proposed

action is not subject to Executive Order

13211 because it is not a significant

regulatory action under Executive Order

12866.

9. National Technology Transfer and

Advancement Act (NTTAA)-EPA

previously addressed the nonapplicability of the NTTAA in its final

approvals to revisions of the State's

authorized hazardous waste

management program. See section B of

this proposed rule for the citations to

the Federal Register for EPA's approval

of revisions to the State's authorized

hazardous waste management program.

Section 12(d) of the NTTAA does not

apply to this action.

10. Executive Order 12988-EPA has

taken the necessary steps in this

proposed action to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct.

List of Subjects in 40 CFR Part 272

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Incorporation by

reference, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This proposed action is issued

under the authority of Sections 2002(a), 3006

and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: November 22, 2004.

Ronald A. Kreizenbeck,

Acting Regional Administrator, Region 10.

For the reasons set forth in the

preamble, EPA proposes to amend 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:

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§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,

and March 10, 2004.

(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) The EPA Approved Idaho Statutory

Requirements Applicable to the

Hazardous Waste Management Program,

March 2004.

(ii) The EPA Approved Idaho

Regulatory Requirements Applicable to

the Hazardous Waste Management

Program, March 2004.

(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) and (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 2002: 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,

Chapter 44, "Hazardous Waste

Management", published in 2002 by the

Michie Company, Law Publishers:

sections 39-4403(6) and (14); 39-4427;

39-4428 and 39-4429.

(ii) 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).

(iii) 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 2002: 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, and September 11, 2002,

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, State

Requirements, 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) and (14)); 39-4408(1)-(3); 39-4409(1)

(except fourth and fifth sentences); 39-

4409(2) (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)

and (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

2002: 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; 58.01.05.356.01;

and 58.01.05.998, except where any of those

sections reference the use of enforceable

documents in the context of the Post Closure

rule. Idaho did not seek, nor receive,

authorization for language in those sections

which states as follows: * * * or in an

enforceable document (as defined in

270.1(c)(7)." Therefore, these Federal

amendments included in Idaho's adoption by

reference at IDAPA 58.01.05.000, et seq., are

not part of the State's authorized program.

Nor does Idaho's authorized program include

the Federal regulations at 40 CFR 270.1(c)(7),

40 CFR 265.121, 40 CFR 265.110(c) or 40 CFR

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Federal Register/Vol. 69, No. 236/Thursday, December 9, 2004/Proposed Rules

265.119(c)(4) because Idaho did not seek

authorization for those sections.

[FR Doc. 04-27028 Filed 12-8-04; 8:45 am]

BILLING CODE 6560-50-P

NATIONAL SCIENCE FOUNDATION

45 CFR Part 650

RIN 3145-AA44

Minor Amendments To Rule on

Inventions and Patents Resulting From

Grants, Cooperative Agreements, and

Contracts

AGENCY: National Science Foundation.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action would amend the

NSF Patents regulation to require

grantees to use an electronic reporting

and management system for inventions

made with NSF assistance.

DATES: Comments must reach the NSF

Patent Assistant on or before February 7,

2005.

ADDRESSES: All comments should be

addressed to: NSF Patent Assistant at

patents@nsf.gov or at Office of the

General Counsel, National Science

Foundation 4201 Wilson Boulevard,

Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT:

Robin Clay Fritsch, NSF Patent

Assistant, at patents@nsf.gov or on (703)

292-8060 (voice) or (703) 292-9041

(facsimile).

SUPPLEMENTARY INFORMATION: This

amendment would revise the current

NSF patent regulation published as part

650 of title 45 of the Code of Federal

Regulations to require NSF awardees to

use the Edison Invention Information

Management System maintained by the

National Institutes of Health to handle

NSF-assisted inventions. This is

consistent with the Foundation's

requirement that all proposals seeking

NSF financial assistance and all reports

on NSF-assisted projects be submitted

electronically.

Submit electronic comments as an

ASCII file avoiding the use of special

characters and any form of encryption.

Identify all comments sent

electronically with subject line:

Comments to Proposed Rulemaking.

Determinations

Regulatory Evaluation

This proposed rule is not a "significant regulatory action" under

section 3(f) of Executive Order 12866,

Regulatory Planning and Review, and

does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601-612), I have considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

The term "small entities" comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000. I certify

under 5 U.S.C. 605(b) that this proposed

rule would not have a significant

economic impact on a substantial

number of small entities. This rule

would possibly affect the following

entities, some of which may be small

entities: NSF grantees, including those

funded under our Small Business

Innovation Research and Small Business

Technology Transfer Programs, and

recipients of subcontracts under NSF

grants.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (5 U.S.C. 601 note),

we want to assist small entities in

understanding this proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

If the rule would affect your small

business, organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact Robin Clay

Fritsch, NSF Patent Assistant, on (703)

292-8060 (voice), (703) 292-9041

(facsimile), or patents@nsf.gov.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501-3520).

Federalism

A rule has implications for federalism

under Executive Order 13132,

Federalism, if it has a substantial direct

effect on State or local governments and

would either preempt State law or

impose a substantial direct cost of

compliance on them. I have analyzed

this proposed rule under that Order and

have determined that it does not have

implications for federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531-1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 or more in any one year.

This proposed rule would not result in

such an expenditure.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Protection of Children

I have analyzed this proposed rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and would not create an

environmental risk to health or risk to

safety that might disproportionately

affect children.

Indian Tribal Governments

This proposed rule does not have

tribal implications under Executive

Order 13175, Consultation and

Coordination with Indian Tribal

Governments, because it would not have

a substantial direct effective on one or

more Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes.

Energy Effects

I have analyzed this proposed rule

under Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use, and determined

that it is not a "significant energy

action" under that order because it is

not a "significant regulatory action"

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