75098 Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of today’s amendments on small 

entities, a small entity is defined as: (1) 

A small business as defined by the 

Small Business Administrations’

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in the field. 

After considering the economic 

impacts of today’s proposed rule 

amendments on small entities, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action does not create any new 

regulatory requirements. Rather, they 

continue to apply existing requirements 

by delaying the compliance date for new 

or more stringent requirements. We 

continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: December 12, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05–24199 Filed 12–16–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R10–RCRA–2005–0465, FRL–8009–9] 

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, 42 

U.S.C. 6901 to 6992k (RCRA), allows 

EPA to authorize State hazardous waste 

management programs if EPA finds that 

such programs are equivalent to 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 at 40 CFR part 272, subpart N. 

DATES: Comments on this proposed 

action must be received by the close of 

business January 18, 2006. 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: Submit your comments, 

identified by Docket ID No. EPA–R10–

RCRA–2005–0465 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: hunt.jeff@epa.gov. 

• Mail: Jeff Hunt, U.S. EPA, Region 

10, 1200 Sixth Avenue, Mail Stop 

AWT–122, Seattle, WA 98101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–RCRA–2005–

0465 EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through 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, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Region 10 Library, 1200 Sixth 

Avenue, Seattle, WA 98101. This Docket 

Facility is open from 8:30 a.m. to 4 p.m. 

Monday through Friday, excluding legal 

holidays. The library telephone number 

is 206–553–1289. 

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, 42 

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

Environmental Protection Agency to 

authorize State hazardous waste 

management programs. The State 

regulations authorized by EPA supplant 

the federal regulations concerning the 

same matter with the result that after 

authorization EPA enforces the 

authorized regulations. Infrequently, 

State statutory language which acts to 

regulate a matter is also authorized by 

EPA with the consequence that EPA 

enforces the authorized statutory 

provision. EPA does not authorize State 

enforcement authorities and does not 

authorize State procedural 

requirements. EPA codifies the 

authorized State program in 40 CFR part 

272 and incorporates by reference State 

statutes and regulations that make up 

the approved program which is 

Federally enforceable. EPA retains 

independent enforcement authority 

pursuant to sections 3007, 3008, 3013 

and 7003 of RCRA, 42 U.S.C. 6927, 

6928, 6934 and 6973, and any other 

applicable statutory and regulatory 

provisions. 

Today’s action proposes to codify 

EPA’s authorization of revisions to 

Idaho’s hazardous waste management 

program. This proposed codification 

Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules 75099 

reflects the State program in effect at the 

time EPA authorized revisions to the 

Idaho hazardous waste management 

program in a final rule dated July 22, 

2005 (70 FR 42273). 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), March 10, 2004 (69 FR 11322), 

and July 22, 2005 (70 FR 42273). EPA 

first codified Idaho’s authorized 

hazardous waste program effective 

February 4, 1991 (55 FR 50327), and 

updated the codification of Idaho’s 

program on June 5, 1992 (57 FR 11580), 

August 10, 1992 (57 FR 24757), August 

24, 1999 (64 FR 34133), and March 8, 

2005 (70 FR 11132). In this action, EPA 

is proposing to revise subpart N of 40 

CFR part 272, to include the most recent 

authorization revision effective July 22, 

2005 (70 FR 42273). 

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 as 

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 272.651 currently incorporates 

by reference Idaho’s authorized 

hazardous waste program, as amended, 

through 2004. 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. This action 

proposes to update those 

demonstrations of adequate enforcement 

authority, including procedural and 

enforcement provisions, which provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, as well as the 

Memorandum of Agreement, the 

Attorney General’s Statement and the 

Program Description, all of which were 

evaluated as part of the approval 

process for the program revision 

effective on July 22, 2005. 

D. What Is the Effect of Idaho’s 

Codification on Enforcement? 

EPA retains its independent 

enforcement authority under statutory 

provisions, including but not limited to, 

sections 3007, 3008, 3013 and 7003 of 

RCRA, and any other applicable 

statutory and regulatory provisions, to 

undertake inspections and enforcement 

actions and to issue orders in all 

authorized States. With respect to 

enforcement actions, EPA will rely on 

Federal sanctions, Federal inspection 

authorities, and Federal procedures 

rather than the State analogues to these 

provisions. Therefore, the EPA is not 

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 to 

enforce compliance but which do not 

supplant the Federal statutory 

enforcement and procedural authorities. 

State provisions that are ‘‘broader in 

scope’’ than the federal program are not 

incorporated by reference in 40 CFR 

part 272. For reference and clarity, 40 

CFR 272.651(b)(3) 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. 

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 

75100 Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules 

program. A HSWA requirement or 

prohibition, unless identified by EPA as 

optional or as less stringent, supersedes 

any less stringent or inconsistent State 

provision which may have been 

previously authorized by EPA (50 FR 

28702, July 15, 1985). 

Some existing State requirements may 

be similar to the HSWA requirements 

implemented by EPA. However, until 

EPA authorizes those State 

requirements, EPA enforces the HSWA 

requirements and not the State analogs. 

II. Statutory and Executive Order 

Reviews 

This 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, EPA has 

assessed this proposed action for 

compliance with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Agency 

must determine whether the regulatory 

action is ‘‘significant,’’ and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more, or adversely affect in 

a material way, the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. EPA has tentatively determined 

that this proposed rule is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 and 

is therefore not subject to OMB review. 

2. Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. 3501, et seq., is intended to 

minimize the reporting and 

recordkeeping burden on the regulated 

community, as well as to minimize the 

cost of Federal information collection 

and dissemination. In general, the Act 

requires that information requests and 

recordkeeping requirements affecting 

ten or more non-Federal respondents be 

approved by OPM. Since this proposed 

rule does not establish or modify any 

information or recordkeeping 

requirements for the regulated 

community, EPA has tentatively 

determined that it is not subject to the 

provisions of the Paperwork Reduction 

Act. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act 

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

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of 

today’s proposed rule on small entities, 

small entity is defined as: (1) A small 

business, as codified in the Small 

Business Size Regulations at 13 CFR 

part 121; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. EPA has 

tentatively determined that this 

proposed action will not have a 

significant impact on small entities 

because the proposed action will only 

have the effect of authorizing preexisting requirements under State law. 

After considering the economic impacts 

of today’s proposed action, I propose to 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

4. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995 (Pub. Law 

104–4) establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local and 

tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any year. Before promulgating 

an EPA rule for which a written 

statement is needed, section 205 of the 

UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why the alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. This 

proposed rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local or tribal governments or the 

private sector. It imposes no new 

enforceable duty on any State, local or 

tribal governments or the private sector. 

This proposed rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

government entities. Thus, EPA has 

tentatively determined that the 

requirements of section 203 of the 

UMRA do not apply to this proposed 

rule. 

5. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among 

various levels of government.’’ This 

proposed rule does not have federalism 

Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules 75101 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among various levels of 

government, as specified in Executive 

Order 13132. This proposed rule 

addresses the codification of the 

authorized State hazardous waste 

program in Idaho. Thus, EPA has 

tentatively determined that Executive 

Order 13132 does not apply to this 

proposed rule. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. Thus, EPA 

has tentatively determined that 

Executive Order 13175 does not apply 

to this rule. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045 applies to any 

rule that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866, and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. EPA has tentatively determined 

that this proposed rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866 and because the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

EPA has tentatively determined that 

this rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a ‘‘significant regulatory action’’ as 

defined under Executive Order 12866. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

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

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. EPA has 

tentatively determined that this 

proposed rule does not involve 

‘‘technical standards’’ as defined by the 

NTTAA and is therefore not considering 

the use of any voluntary consensus 

standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

To the greatest extent practicable and 

permitted by law, and consistent with 

the principles set forth in the report on 

the National Performance Review, each 

Federal agency must make achieving 

environmental justice part of its mission 

by identifying and addressing, as 

appropriate, disproportionately high 

and adverse human health and 

environmental effects of its programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States and its 

territories and possessions, the District 

of Columbia, the Commonwealth of 

Puerto Rico, and the Commonwealth of 

the Mariana Islands. Because this 

proposed rule addresses codifying a 

revision of the authorized hazardous 

waste program in the State of Idaho and 

there are no anticipated significant 

adverse human health or environmental 

effects, EPA has tentatively determined 

that the rule is not subject to Executive 

Order 12898. 

List of Subjects in 40 CFR Part 272 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Incorporation by reference, 

Intergovernmental relations, Water 

pollution control, Water supply. 

Authority: This 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: December 7, 2005. 

Ronald A. Kreizenbeck, 

Deputy Regional Administrator, EPA 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: 

§ 272.651 Idaho State-Administered 

Program: Final Authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), Idaho has 

final authorization for the following 

elements as submitted to EPA in Idaho’s 

base program application for final 

authorization which was approved by 

EPA effective on April 9, 1990. 

Subsequent program revision 

applications were approved effective on 

June 5, 1992, August 10, 1992, June 11, 

1995, January 19, 1999, July 1, 2002, 

March 10, 2004, and July 22, 2005. 

(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 

and Regulatory Requirements 

Applicable to the Hazardous Waste 

Management Program, July 2005. 

(ii) [Reserved] 

(2) EPA considered the following 

statutes and regulations in evaluating 

the State program but is not 

incorporating them herein for 

enforcement purposes: 

75102 Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Proposed Rules 

(i) Idaho Code (I.C.) containing the 

General Laws of Idaho Annotated, Title 

39, Chapter 44, ‘‘Hazardous Waste 

Management’’, published in 2002 by the 

Michie Company, Law Publishers: 

sections 39–4404; 39–4405 (except 39–

4405(8)); 39–4406; 39–4407; 39–4408(4); 

39–4409(2) (except first sentence); 39–

4409(3); 39–4409(4) (first sentence); 39–

4410; 39–4411(1); 39–4411(3); 39–

4411(6); 39–4412 through 39–4416; 39–

4418; 39–4419; 39–4421; 39–4422; and 

39–4423(3) (a)&(b). 

(ii) Idaho Code (I.C.) containing the 

General Laws of Idaho Annotated, Title 

39, Chapter 58, ‘‘Hazardous Waste 

Facility Siting Act’’, published in 2002 

by the Michie Company, Law 

Publishers: sections 39–5804; 39–5809; 

39–5810; 39–5813(2); 39–5814; 39–

5816; 39–5817; and 39–5818(1). 

(iii) Idaho Code (I.C.) containing the 

General Laws of Idaho Annotated, 

Volume 2, Title 9, Chapter 3, ‘‘Public 

Writings’’, published in 1990 by the 

Michie Company, Law Publishers, 

Charlottesville, Virginia: sections 9–

337(10); 9–337(11); 9–338; 9–339; and 

9–344(2). 

(iv) 2002 Cumulative Pocket 

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

Volume 2, Title 9, Chapter 3, ‘‘Public 

Writing’’, published in 2002 by the 

Michie Company, Law Publishers, 

Charlottesville, Virginia: sections 9–

340A, 9–340B, and 9–343. 

(v) Idaho Department of 

Environmental Quality Rules and 

Regulations, Idaho Administrative Code, 

IDAPA 58, Title 1, Chapter 5, ‘‘Rules 

and Standards for Hazardous Waste’’, as 

published July 2004: 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) & (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 2004: sections 

58.01.05.355; and 58.01.05.500. 

(4) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 10 and the State of Idaho 

(IDEQ), signed by the EPA Regional 

Administrator on August 1, 2001, 

although not incorporated by reference, 

is referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921, et seq. 

(5) Statement of Legal Authority. The 

‘‘Attorney General’s Statement for Final 

Authorization,’’ signed by the Attorney 

General of Idaho on July 5, 1988 and 

revisions, supplements and addenda to 

that Statement, dated July 3, 1989, 

February 13, 1992, December 29, 1994, 

September 16, 1996, October 3, 1997, 

April 6, 2001, September 11, 2002, and 

September 22, 2004, 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) & (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) & 

(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 

2004: 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. 

* * * * * 

[FR Doc. 05–24202 Filed 12–16–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 02–278; CG Docket No. 05–

338; FCC 05–206] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Junk Fax Prevention Act 

of 2005 amends section 227 of the 

Communications Act of 1934 relating to 

unsolicited facsimile advertisements. 

The Junk Fax Prevention Act requires 

the Commission to issue regulations to 

implement the amendments made by 

the statute no later than 270 days after 

the date of enactment of the Act. In this 

document, the Commission proposes 

amendments to its unsolicited facsimile 

advertising rules and seeks comment on 

related aspects of those rules. 

Specifically, the Commission seeks 

comment on the established business 

relationship (EBR) exception to the 

rules, the requirement to include an optout notice and contact information on 

facsimile advertisements, and other 

rules implementing the Junk Fax 

Prevention Act. The Commission also 

opens a new docket for all filings in 

response to this document and those 

addressing the facsimile advertising 

rules generally. 

DATES: Comments due January 18, 2006. 

Reply comments due February 2, 2006. 

Written comments on the Paperwork 

Reduction Act (PRA) proposed 

information collection requirements 

must be submitted by the general 

public, Office of Management and 

Budget (OMB), and other interested 

parties on or before February 17, 2006. 

ADDRESSES: You may submit comments, 

identified by CG Docket No. 05–338, by 

any of the following methods: