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

encryption, andbe free ofany defects or viruses. For additional instructions on submitting comments, go to section I of the SUPPLEMENTARY INFORMATION section ofthis document.

Docket:All documents in the electronic docket are listed in the Regional Material in EDocket (RME) index athttp://www.epa.gov/rmepub/ index.jsp.Although listed in the index,

some information isnot 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 atEnvironmental 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 WestJackson Boulevard, Chicago, Illinois 60604, (312) 353-6680. leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I.General Information

A. Does this action apply tome? B.What shouldI consider as Iprepare my

comments for EPA? II.What Action isEPA Taking Today? III. Where Can IFind More Information About This Proposal and the Corresponding Direct FinalRule?

I. General Information

A. Does ThisActionApply to me?

This action primarily applies to the transportation sector represented by Metropolitan Council, the Minnesota Department ofTransportation and
persons needing to travel in the Minneapolis-St. Paul metropolitan area.
B. WhatShouldI ConsiderasIPrepare
my Comments forEPA?
1. SubmittingCBL Do not submit Confidential Business Information (CBI)
to EPAthrough Regional Material in EDocket (RME), regulations.gov oremail. Clearly mark the part or all ofthe information that you claim tobe CBI. For CBIinformation in a disk or CDROM that you mail to EPA, mark the outside ofthe 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 ofthe
comment that includes information claimed as CBI, a copy ofthe comment that does not contain the information claimed as CBImust 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. TipsforPreparingYour 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 askyou to respond to specific questions

or organize comments byreferencing a Code ofFederal 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 datathat you used.

e. Ifyou estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for itto be reproduced.

f. Provide specific examples to illustrate your concerns, and suggest alternatives.

g. Explain your views as clearly as possible, avoiding the use ofprofanity

orpersonal threats.

h. Make sure to submityour comments by the comment period deadline identified.

II. What Action isEPA 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 FindMore Information About This Proposal andthe Corresponding Direct FinalRule?

For additional information, see the Direct Final Rule which is located in the Rules section ofthis Federal Register. Copies ofthe request andthe EPA's analysis are available electronically at Regional Material in EDocket (RME) or in hard copy atthe above address. (Please telephone Michael Leslie at (312) 353-6680 before visiting the Region 5 Office.)

List ofSubjects in 40 CFRPart52

Environmental protection, Air pollution control, Carbon monoxide.

Dated: November 30, 2004. BharatMathur, ActingRegional 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 ifEPA finds that suchprograms are equivalent and consistent with the Federal program and provide adequate enforcement of compliance. Title 40 ofthe Code of Federal Regulations (CFR)Part 272 is usedby EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions ofthe State statutes and regulations that are subject to EPA's inspection and enforcement authorities

as authorized provisions ofthe State's
program. This rule proposes to revise the codification ofthe Idaho authorized
program.
DATES: Comments on this proposed action must be received bythe close of business January 10, 2005. IfEPA receives significant comments on this proposed action, EPA willrespond to such comments in the Federal Register
atthe time EPA publishes a final rule.

ADDRESSES: Send written comments by mailto JeffHunt, 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.IncorporationbyReference

A. WhatIs 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) ofRCRA, 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 ofRCRA, 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 ofrevisions 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 isEPA requesting comment on those revisions.

B. WhatIsthe Historyofthe AuthorizationandCodificationof Idaho'sHazardousWasteManagement 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 onJune 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 SubpartN of40 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. WhatDecisionsHave We Proposedin ThisAction?

Today's action proposes to codify EPA's authorization ofrevisions to Idaho's hazardous waste management program. The proposed codification will incorporate by reference the mostrecent version ofthe 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. EPAis not requesting comments on its decisions published in the Federal Register notices referenced in section B ofthis 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 of40 CFR part 272. 40 CFR part 272, subpart N, §272.651 currently incorporates byreference 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 ofthe hazardous waste management program. In addition, §272.651 references the Memorandum ofAgreement, the Attorney General's Statement andthe Program Description which were evaluated as part ofthe approval process ofthe hazardous waste management program in accordance with Subtitle C ofRCRA.

D. WhatIs theEffect ofIdaho's Codificationon 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 andregulatory provisions, to undertake inspections and enforcement actions andto 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 isnot proposing to incorporate byreference Idaho's inspection and enforcement authorities nor are those authorities part ofIdaho's approved State program which operates in lieu ofthe Federal program. 40 CFR 272.651(b)(2) lists these authorities for informational
purposes, and also because EPA considered them in determining the adequacy ofIdaho's enforcement authorities. This action proposes to revise this listing for informational purposes where these authorities have changed underIdaho's revisions to State law and were considered by EPAin determining the adequacy ofIdaho'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. WhatStateProvisions Are Not Proposed asPartofthe Codification?
The public is reminded that some provisions ofIdaho's hazardous waste management program are notpart ofthe federally authorized State program. These non-authorized provisions include:

(1)Provisions that are not part ofthe RCRA subtitle C program because they

are "broader in scope" thanRCRA subtitle C (see 40 CFR 271.1(i));

(2)Federal rules forwhich Idaho is
not authorized, but which havebeen incorporated into the State regulations because ofthe way the State adopted federal regulations by reference;

(3) State procedural and enforcement authorities which are necessary to establish the ability ofthe program enforce compliance but which donot supplant the Federal statutory enforcement and procedural authorities.

State provisions that are "broader in scope" thanthe federal program are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.651(b)(3) currently liststhe Idaho regulatory provisions which are "broader in scope" than the federal program and which are not part ofthe authorized program being incorporated by reference. This action proposes to update that listfor "broader in scope" provisions EPA identified in recent authorization actions for revisions to the State program. While "broader in scope" provisions are not part ofthe authorized program and cannot be enforced byEPA, the State may enforce suchprovisions under State law.

Idaho has adopted but is not authorized for certain sections ofthe Post Closure rule (Standards Applicable
to Owners and Operators ofClosed and Closing Hazardous Waste Management Facilities: Post-Closure Permit Requirement and Closure Process; Final Rule) promulgated by EPA on October 22, 1998 (63FR 56710). These unauthorized sections ofthe 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 ofenforceable documents in the context ofthe 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, etseq.,but which are not part ofthe State's authorized program will not be included in this proposed codification.

F. What Will Be theEffect ofthe ProposedCodificationonFederal HSWA Requirements?

With respect to any requirement(s) pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has notyet been authorized and which EPAhas 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 ofthe Federal program. AHSWA requirement or prohibition, unless identified by EPA as optional oras less stringent, supersedes any less stringent or inconsistent State provision which may havebeen 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. StatutoryandExecutive 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 asfollows: 1.Executive Order12866:Regulatory Planning Review-The Office of Management and Budget (OMB) has exempted this action from the requirements ofExecutive Order 12866 (58 FR 51735, October 4, 1993).

2. Paperwork ReductionAct-This proposed action does not impose an information collection burden under the Paperwork Reduction Act.

3.RegulatoryFlexibility 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 oftoday'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. UnfundedMandatesReformActBecause 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-ExecutiveOrder 13132 does not apply to this proposed action because itwill not have federalism implications (i.e.substantial direct effects onthe States, onthe relationship between the national government and the States, or onthe distribution of
power and responsibilities among the various levels ofgovernment). This action proposes to codify existing authorized State hazardous waste management program requirements without altering the relationship orthe distribution ofpower and responsibilities established by RCRA. 6. Executive Order13175: ConsultationandCoordinationwith Indian TribalGovernments-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, oron the distribution ofpower andresponsibilities between the Federal government and Indian tribes). 7. Executive Order13045:Protection ofChildren fromEnvironmentalHealth andSafetyRisks-This proposed action is not subject to Executive Order 13045 because itis not economically significant andit does not make decisions based on environmental health or safety risks.

8.Executive Order13211:Actions thatSignificantly Affect EnergySupply, Distribution,orUse-This proposed action is not subject to Executive Order 13211 because itis not a significant regulatory action under Executive Order 12866.

9. NationalTechnology Transferand AdvancementAct (NTTAA)-EPA previously addressed the nonapplicability ofthe NTTAA in its final approvals to revisions ofthe 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 ofrevisions to the State's authorized hazardous waste management program. Section 12(d) ofthe NTTAA does not apply to this action.

10. Executive Order12988-EPAhas taken the necessary steps in this proposed action to eliminate drafting

errors and ambiguity, minimize potential litigation, andprovide a clear legal standard for affected conduct.

List ofSubjects in 40 CFR Part272

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: Thisproposed actionis issued under the authority ofSections 2002(a), 3006 and 7004(b) ofthe SolidWaste DisposalAct

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

Dated:November 22, 2004. Ronald A.Kreizenbeck, ActingRegional Administrator,Region 10.

For the reasons set forth in the preamble, EPAproposes 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) ofthe SolidWaste Disposal Act, as amended by theResource Conservation and Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

2. Subpart N is amended byrevising §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 ofIdaho 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 ofRCRA, 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) Statestatutesandregulations.(1) The Idaho statutes and regulations cited in this paragraph are incorporated by reference as part ofthe hazardous waste management program under subtitle C ofRCRA, 42 U.S.C. 6921 etseq.

(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 ofIdaho Annotated, Title 39, Chapter 44, "Hazardous Waste Management", published in 2002 bythe 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 ofIdaho 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 ofIdaho 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 ofthe authorized program, are not incorporated byreference, and are not federally enforceable: (i) Idaho Code containing the General Laws ofIdaho Annotated, Title 39, Chapter 44, "Hazardous Waste Management", published in 2002 bythe Michie Company, Law Publishers: sections 39-4403(6) and (14); 39-4427; 39-4428 and 39-4429.

(ii)Idaho Code containing the General Laws ofIdaho 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) Memorandumof Agreement.The Memorandum ofAgreement between EPA Region 10 andthe State ofIdaho (IDEQ), signed bythe EPA Regional Administrator onAugust 1, 2001, although not incorporated byreference, is referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 42 U.S.C. 6921 etseq.

(5)Statement ofLegalAuthority.The "Attorney General's Statement for Final Authorization," signed bythe Attorney General ofIdaho onJuly 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 byreference,

are referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 42 U.S.C. 6921 et seq.

(6) ProgramDescription. The Program Description, and any other materials submitted as part ofthe original application or as supplements thereto, although not incorporated byreference,

are referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 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 Part272-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) (exceptfourth 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 theMichie Company, LawPublishers: sections 39-5802; 39-5803; 39-5808; 39-5811; 39-5813(1); and 39- 5818(2).

Copies ofthe Idaho statutes that are incorporated byreference are available from Michie Company, Law Publishers, 1 Town Hall Square, Charlottesville, VA 22906-7587.

(b) The regulatory provisions include: Idaho Department ofEnvironmental 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 ofthose sections reference theuse ofenforceable documents in the context ofthe Post Closure rule. Idaho did not seek, norreceive, authorization for language in those sections which states as follows: * * * or inan enforceable document (as defined in 270.1(c)(7)." Therefore, these Federal amendments included in Idaho's adoption by reference atIDAPA 58.01.05.000, et seq., are not part ofthe 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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265.119(c)(4)because Idaho didnot seek authorization forthose 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

MinorAmendments To Rule on Inventions and Patents Resulting From Grants, Cooperative Agreements, and Contracts

AGENCY: National Science Foundation.
ACTION: Notice ofproposed 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.govor at Office ofthe General Counsel, National Science Foundation 4201 Wilson Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: Robin Clay Fritsch, NSF Patent Assistant, atpatents@nsf.govor 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 oftitle 45 ofthe Code of Federal Regulations to require NSF awardees to

use the Edison Invention Information Management System maintained by the National Institutes ofHealth to handle NSF-assisted inventions. This is consistent with the Foundation's requirement that all proposals seeking NSF financial assistance and all reports

onNSF-assisted projects be submitted electronically.

Submit electronic comments as an ASCII file avoiding the use ofspecial characters and any form ofencryption. Identify all comments sent electronically with subject line: Comments to Proposed Rulemaking.

Determinations RegulatoryEvaluation

This proposed rule is not a "significant regulatory action" under section 3(f)ofExecutive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) ofthatOrder. The Office ofManagement and Budget has not reviewed itunder that Order.

SmallEntities

Under the Regulatory Flexibility Act (5U.S.C. 601-612), I have considered whether this proposed rule would have

a significant economic impact on a substantial number ofsmall 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 ofless than 50,000. I certify under 5U.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 ofwhich 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.

Ifyou thinkthatyour 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 thinkit qualifies andhow and to what degree this rule would economically affect it.

Assistance forSmallEntities
Under section 213(a) ofthe Small Business Regulatory Enforcement Fairness Act of 1996 (5U.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. Ifthe rule would affect your small business, organization, orgovernmental 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), orpatents@nsf.gov.

CollectionofInformation

This proposed rule would call for no

new collection ofinformation under the Paperwork Reduction Act of1995 (44 U.S.C. 3501-3520).

Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, ifithas a substantial direct effect on State orlocal governments and would either preempt State law or impose a substantial direct cost of compliance on them. Ihave analyzed this proposed rule underthat Order and have determined that it does not have implications for federalism. UnfundedMandatesReformAct

The Unfunded Mandates Reform Act of1995 (2U.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, inthe aggregate, orby the private sector of $100,000,000 or more in any one year. Thisproposed rulewould notresult in such an expenditure. TakingofPrivateProperty

This proposed rule wouldnot effect a taking ofprivate property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

CivilJusticeReform

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, andreduce burden.

ProtectionofChildren

I have analyzed this proposed rule underExecutive Order 13045, Protection ofChildren from Environmental HealthRisks and Safety Risks. This rule is not an economically significant rule andwould not create an environmental risk to health orrisk to safety that might disproportionately affect children.

IndianTribalGovernments

This proposed rule does not have tribal implications underExecutive Order 13175, Consultation and Coordination with Indian Tribal Governments, because itwould not have

a substantial direct effective on one or

more Indian tribes, onthe relationship between the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government andIndian tribes. EnergyEffects

I have analyzed this proposed rule underExecutive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, and determined that itis not a "significant energy action" under that order because it is
not a "significant regulatory action" 

### 71395

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