Federal Register / Vol. 57, No. 113 / Thitrsday, June 11, 1992- / Rules ed Regulations 

### 24757

December 18, 1984. These rules became effective in Michigan on February 22, 1985. (FRDoc.92-13796 Filed 6-10-92; 8:45 am]

SILUNG CODE 6560-0-M

40 CFR Part 272

[FRL-4141-]

Idaho; Final Authorization ofState Hazardous Waste Management Program Revisions

AGENCY: Environmental Protection Agency. ACTION: Immediate final rule.

SUMMARY: The State ofIdaho has applied forfinal authorization ofits hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA)has reviewed Idaho's application and has made a decision, subject to public review and comment, that Idaho's hazardous waste program revision satisfies all ofthe requirements necessary to qualify for final authorization. Thus, EPA intends to approve Idaho's hazardous waste program revision. Idaho's application for program revision is available forpublic review and comment. DATES: Final authorization for Idaho's program revision shallbe effective August 10, 1992 unless EPA publishes a prior Federal Register action withdrawing this immediate finalrule. The incorporation byreference of certain publications listed in the regulations are approved by the Director ofthe Federal Register as ofAugust 10, 1992. All comments on Idaho's program revision application must be received by the close ofbusiness July 13, 1992. ADDRESSES: Copies ofIdaho's program revision application are available Monday through Friday, 8 a.m. to 5p.m., at the following locations for inspection and copying: Idaho Department of -Healthand Welfare, Division of Environmental Quality, Planning and. Evaluation Division, 1410 N. Hilton, Boise, Idaho 83706,phone, (208) 334- 5879 and the U.S. EPA, Region 10, Library, 1200 6th Avenue, Seattle, WA, 98101, phone, (206) 553-1289. Written comments should be sent to Nina Kocourek, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail Stop HW-107, Seattle, WA 98101; phone, (206) 553- 6502.
FOR FURTHER INFORMATION CONTACT:. Nina Kocourek, U.S. EPA, Region 10, 1200 Sixth Avenue., Mail Stop HW-107, Seattle, WA 98101. SUPPLEMENTARY INFORMATION:
A.Background

States with final authorization under section 3006(b) oftheResource Conservation and Recovery Act ("RCRA

or "the Act"), 42U.S.C. 6929(b), have a continuing obligation to maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. In addition,

as an interim measure, theHazardous and Solid Waste Amendments of1984 (Public Law 98-616, November 8, 1984, hereinafter "HSWA") allow States to revise their programs to become substantially equivalent instead of equivalent to RCRA requirements promulgated under.HSWA authority. States exercising the latter option receive "interim authorization" for the HSWA requirements under section 3006(g) ofRCRA, 42 U.S.C. 6926(g), and later apply for final authorization for the HSWA requirements.

Revisions to the State hazardous waste programs are necessary when Federal or State statutory orregulatory authority is modified orwhen certain other changes occur.Most commonly, State program revisions are necessitated by changes to EPA's regulations in40 CFRparts 260-266, 268, 124 and 270.

B.Idaho

Effective onApril 9, 1990, Idaho received final authorization for the base, non-HSWA and HSWA requirements promulgated as ofJuly 1,1987 and interim authorization for those HSWA corrective action provisions ofSection 3004(u),promulgated as ofJuly 7, 1987 (see55 FIR 11015 dated March 26, 1990). Effective on June 5, 1992, Idaho received final authorization forthose HSWA corrective action provisions ofSection 3004(u) promulgated as ofJuly 7,1987 (see57 FR 11580 dated April 6, 1992). On March 10, 1992, Idaho submitted its program revision application for those HSWA and non-HSWA federal provisions promulgated during the period July 1,1990. Today, Idaho is seeking approval ofits program revision in accordance with 40CFR 271.21(b)(3).

EPA has reviewed Idaho's application, and has made an immediate final decision that Idaho's hazardous waste program revision satisfies all ofthe requirements necessary to qualify for final authorization. Consequently, EPA intends to grant final authorization for the additional program modifications to Idaho.The public may submit written comments onEPA's immediate final decision upuntil July 13,1992. Copies of Idaho's application for this program revision are available for inspection and copying at the locations indicated in the "ADDRESSES" section ofthis notice.

Approval ofIdaho's program revision shall become effective in60 days unless

an adverse comment pertaining to the State's revision discussed in thisnotice is received by the end ofthe comment period. Ifa relevant adverse comment is received EPA will publish either (1) a withdrawal ofthe immediate final decision or (2) a notice containing a response to comments which either affirms that the immediate final decision takes effect or reverses the decision.

Idaho's revision application includes all those NSWA and non-HSWA federal provisions promulgated during the period July 1, 1987 to July 1, 1990. To insure state consistency with federal regulations, the Idaho Board ofHealth and Welfare's regulatory rule-making incorporated by reference those delegable Federal Regulations in 40 CFR parts 124, 260-266, 268, and 270 that

were promulgated and codified in the Code ofFederal Register, as ofJuly 1, 1990.Thus, at this time, the State is not seeking authorization for any changes made to the Federal program after July 1,1990. Therefore, the scope, structure, coverage and processes of the Idaho hazardous waste management program is virtually identical to the federal provisions through July 1,1990.

The more substantive changes included in this revision application are: theToxicity Characteristic Leaching Procedures (TCLP)Rule, Mining Waste Rule, Land Disposal Restriction (LDR) Rule,Permit Modification Rule and Subpart X Rule. These regulatory changes were advertised through statewide media prior State law adoption. The regulatory changes in this program revision became State regulations effective on March 6, 1991.

As part ofthe requirements fora State
to have an authorized hazardous waste program, a State must meet the RCRA section 3006(f) availability of information requirements in "substantially the same manner, and to the same degree" as EPA. Included as part ofIdaho's initial base authorization approval EPA determined that the State ofIdaho's hazardous waste public availability information regulation (IDAPA 16.01.5750) was equivalent to RCRA section 3006(0. On July 1, 1990 the State ofIdaho Public Records Act (House Bill 860) and repealed IDAPA 16.01.5750.EPA has determined that the Idaho Public Records Act (Idaho Code Sections 9-337 etseq.) meets the requirements ofRCRA Section 3006(f). Pursuant the Idaho Public Records Act the Idaho Department ofHealth and Welfare, Legal Services Division, has

HeinOnline -- 57 Fed. Reg. 24757 1992

### 24758 Federal Register / Vol. 57, No. 113 / Thursday, June 11, 1992 / Rules and Regulations

developed andpublished thd "Guidelines forPublic Records" adopted December 31,1990 revised March 7, 1991. specifying thepublic record procedures andfees for the Department.

This program revision willnot authorize the State to operate'the RCRA program over any Indian lands; this authority remains with EPA.
C.Decision

Iconclude that Idaho's application for program revision meets all of the statutory and regulatory requirements established by RCRA. Accordingly, Idaho is granted final authorization to operate its hazardous waste program as revised.

Idaho now has responsibility for permitting treatment, storage, and disposal facilities within its borders and carrying out the aspects ofthe RCRA program described in its revised program application, subject to the limitations ofthe HSWA. Idaho also has primary enforcement responsibilities, althoughEPA retains the right to conduct inspections under section 3007 ofRCRA andto take enforcement actions under section 3008, 3013 and 7003 ofRCRA.
D. Codification in Part272

EPA uses part 272for codification of the decision to authorize Idaho's .program and forincorporation by reference of thoseprovisions ofIdaho's statutes and regulations that EPA will enforce under section 3008 ofRCRA. Therefore, EPA is amending §272.651. Compliance withExecutive Order 12291

The Office ofManagement and Budget has exempted this rule from the requirements of section 3ofExecutive Order 12291.
Certification Under theRegulatory Flexibility Act

Pursuant to the provisions of4U.S.C, 605(b), I hereby certify that this authorization will nothave a significant economic impact on a substantial number of small entities.This authorization effectively suspends the applicability ofcertain Federal regulations in favor ofIdaho's program, thereby eliminating duplicate requirements for handlers ofhazardous waste in the State.Itdoes not impose any new burdens on small entities.This rule, therefore, does notrequire a regulatory flexibility analysis.
List of Subjects in 40 CFR Part272

Administrative practice and procedure, Confidential business information, Hazardous materials transportation. Hazardous waste, Incorporation byreference, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply.

Authorlty. This notice is issued under the authority ofsections 2002(a). 3006 and 7004(b) ofthe Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6928, 6974(b).

Dated: June 1,1992. Dana A.Rasmussen, RegionalAdministrator.

For reasons set forth in the preamble, 40 CFR part272 is amended as follows:

PART 272-APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

1. The authority for part 272 continues toread as follows:

Authority. Sections 2002(a), 3006. and 7004(b) of the Solid Waste Disposal Act. as amended by the Resource Conservation and Recovery Act as amended, 42U.S.C. 6912(a), 6926, and 6974(b).

Subpart N-Idaho

2.Section 272.650 is amended by revising paragraphs (a) and (b)to read

as follows: §272.650 State authorization.

(a) The State ofIdaho is authorized to administer and enforce a hazardous waste management program in lieu of the Federalprogram under subtitle Cof the Resource Conservation and Recovery Act (RCRA),42 U.S.C. 6921 et seq, subject to the Hazardous and Solid Waste Amendments of1984 (HSWA), (Pub.L 98-16, Nov. 8,1984), 42 U.S.C. 6928 (c) and (g)). The Federal program forwhich a State mayreceive authorization is defined in 40CFR part 271. The State's program as administered by theIdaho Department ofHealth andWelfare, was approved by EPA pursuant to 42 U.S.C. 6926 (b) and (g)and part 271 ofthis chapter. EPA's initial approval ofIdaho's program for the base,HSWA andnon-HSWA provisions promulgated as of July 1, 1987, was effective onApril 9, 1990 (see 55FR 11015 dated March 26, 1990). EPA'sapproval ofIdaho's corrective action program for those provisions promulgated as ofJuly 1, 1987 was effective on June 5, 1992 (see 57 FR 11580 dated April 6, 1992).

(b) Idaho is not authorized to implement any other HSWA requirements promulgated after June 30, 1990, in lieu ofEPA unless EPA has explicitly indicated its intent to allow such action in aFederal Register notice granting Idaho authorization.

& t * t * * 3.Section 272.651 is revised to read as follows: §272.651 State-administered program: Rnal auodwatiaL

Pursuant to section 3006(b) ofRCRA. 42 U.S.C. 6926(b): Idaho has final authorization for thefollowing elements submitted to EPA in Idaho's program application for final authorization and approved by EPA effective on April 9, 1990;,revision application for final authorization ofthe corrective action provisions approved by EPA effective

on June 5, 1992; and revision application for final authorization and approval by EPA effective on August 10,1992.

(a)StateStatutesand Regulations. (1) The requirements in the Idaho
statutes andregulations cited in this paragraph are incorporated by reference

as part ofthe hazardous waste management program under subtitle C ofRCRA, 42U.S.C. 6921 et.seq.This incorporation by reference was approved by the Director of theFederal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Michie Company, LawPublishers, 1Town Hall Square, Charlottesville, Virginia 22906-7587. Copies may only be inspected at the U.S. EPA, Office of Solid Waste, The RCRA Docket, room 2427, 401 M Street SW.,Washington DC; The Office of Federal Register, 1100 "L" Street NW.,

room 8401, Washington, DC U.S. EPA Region 10, 1200 Sixth Avenue, Seattle. WA. and at the Idaho Department of Health and Welfare, Administrative Procedures Section, 1410 N. Hilton, Boise, ID. (i)Statutory authority is vested In the State ofIdaho, Board ofHealth and Welfare, by the Hazardous Waste Management Act of1983 (HWMA). This includes thefollowing statutes as contained in Chapter 44 "Hazardous Waste Management". section 39 ofthe Idaho Code (LC.), General Laws of Idaho Annotated, Volume 7A, published in 1985 by the Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4406; 39-4407; 39-4412; 39-4416; 39- 4421; and 39-4429 as contained in the 1991 Cumulative Pocket Supplement. Idaho Code, Volume 7A republished in September 1991; by the Michie Company, Law Publishers, Charlottesville, Virginia: I.C.39-4403; 39-4404; 39-4405; 39-4408; 39-4409;, 39- 4410(3); 39-4411 [effective until July 1. 1993]; 39-4411 [effective July 1, 19931; 39- 4423; 39-4424; and 39-4429. (ii) The following are theIdaho Department ofHealth and Welfare Rules and Regulations, as contained in title 1, chapter 5, "Rules, Regulations

HeinOnline -- 57 Fed. Reg. 24758 1992

### Federal Register / Vol. 57, No. 113 / Thursday, June 11, 1992 

## / Rules and Regulations5

and Standards for Hazardous Waste" (hereinafter referred to as the "IDHW Regulations"), in effect as ofMarch 6, 1991, are part ofthe approved program under RCRA: IDHW Regulations, Sections: 16.01.5000; 16.01.5001; 16.01.5002; 16.01.5003; 16.01.5004; 16.01.5005; 16.01.5006; 16.01.5007; 16.01.5008, 16.01.5009; 16.01.5010: 16.01.5011; 16.01.5012; 16.01.5013; 16.01.5356; and appendix A.

(2) The following statutes are not incorporated herein for enforcement purposes although are part ofthe authorized stateprogram. These statutes

are as contained inchapter 44 "Hazardous Waste Management", section 39 ofthe Idaho Code (I.C.), General Laws ofIdaho Annotated, Volume 7A,published in 1985 bythe Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4413 ("Enforcement Procedures"), I.C.39- 4414 ("Remedies") and I.C. 39-4415 ("Violations Constituting Misdemeanors"); and as contained in the 1991 Cumulative Pocket Supplement Idaho Code, Volume 7Arepublished in September 1991; by theMichie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4413 ("Enforcement procedures"). The additional statutes are also not incorporated herein for enforcement purposes, although are part ofthe authorized state program. These statutes

are as contained in Chapter 3"Public Writings", Section 9 oftheIdaho Code (I.C.), General Laws ofIdaho Annotated, Volume 2,published in 1990 by the Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 9-337 et seq.;and as contained in the 1991 Pocket Supplement Idaho Code (I.C.), Volume 2, publishedin 1991; by theMichie Company, Law Publishers, Charlottesvillei Virginia: I.C. 9-337 et seq.

(3) The following statutes and regulations concerning routing of hazardous waste shipment are "broader in scope" than the Federal program. and

are not incorporated herein for enforcement purposes and are notpart ofthe authorized program, butremain part ofthe State hazardous waste program requirements. The statutes are
as contained in chapter 44 "Hazardous Waste Management", Section 39 ofthe Idaho Code (I.C.), General Laws of Idaho Annotated, Volume 7A, published in 1985 by the Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4410 (1), (2), (4), (5). and (6); and as contained in the 1991 Cumulative Pocket Supplement Volume 7A. republished September 1991: by the Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4410 (1), (2), (4), and (5); and the regulations as contained in title 1, chapter 5, "Rules, Regulations and Standards for Hazardous Waste", in effect as ofMarch 6, 1991, hereinafter referred to as "IDHW Regulations" are: IDHW Regulations section 16.01.5500, 01 and 02.

(b) Memorandum of Agreement. The Memorandum ofAgreement between EPA Region 10 and IdahoDepartment of Health and Welfare signed by the EPA Regional Administrator on March 25, 1992, is part of the authorized hazardous
waste management program under Subtitle CofRCRA 42 U.S.C. 6921 et
seq.

(c)Statementoflegalauthority.The Idaho Attorney General's Statement for Final Authorization for the Federal RCRA Program through June 30, 1987, signed by the Attorney General of Idaho

on July 5, 1988; letter amending and supplementing theJuly 5, 1988 Attorney General Statement, signed by the Attorney General ofIdaho onJuly 3, 1989; and Idaho's Revised Attorney General's Statement for Final Authorization for changes to the Federal RCRA Program from July 1, 1987 through June 30, 190, signed by the Attorney General ofIdaho on February 13, 1992,

are part ofthe authorized hazardous
waste management program under Subtitle C ofRCRA 42 U.S.C. 6921 et
seq.

(d)Program description.Program descriptions dated July 1988, andrevised November 1991 and any other materials submitted as part of the original application or as supplements thereto

are part of the authorized hazardous
waste management program under Subtitle Cof RCRA 42 U.S.C. 6921 et seq. [FR Doc. 92-13773 Filed 6-10-92; 8:45 aml BILUNG CODE 6560-50-U

40 CFR Part 281
[FRL-4142-7]
Maine; Final Approvalof State Underground Storage Tank Program

AGENCY: Environmental Protection Agency. ACTION: Notice offinal determination on Maine's application for final approval.
SUMMARY. The State ofMaine has applied forfinal approval ofits underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA)has reviewed Maine's application and has reached a final determination that Maine's underground storage tankprogram satisfies all the requirements necessary to qualify for final approval.Thus, EPA is granting final approval to the State ofMaine to operate its program. EFFECTIVE DATE: Final approval for Maine shall be effective at 1p.m.onJuly 13, 1992.

FOR FURTHER INFORMATION COWTACT. Rhona Julien, Office ofUnderground Storage Tanks, HPU-7, U.S. EPA, Region I,JFK Federal Building,Boston, MA 02203, 617/573-9655.

SUPPLEMENTARY INFORMATION:
A. Background

Section 9004 ofRCRA enables EPA to approve state underground storage tank programs to operate in a state in lieu of theFederal underground storage tank program. To qualify for final authorization, a state's program must: (1jBe "no less stringent" than the Federal program, and (2)provide for adequate enforcement section 9004(a) of RCRA,42 U.S.C.6991c(a).

On August 1,1991, EPA acknowledged receiving from the State ofMaine a complete official application to obtain final approval to administer its underground storage tank program. On February 24, 1992, EPA published a tentative decision announcing its intent
to grant Maine final approval ofits program. Further background on the tentative decision to grant approval appears at 57 FR 6302, February 24, 1992,

Along with the tentative determination, EPA announced the availability oftheapplication forpublic
comment and the date of a public hearing on the application. EPA requested advance notice for testimony and reserved the right to cancel for lack ofpublic interest. Since there wasno public request, the public hearing was canceled. No public comments were received regarding EPA's approval of Maine's underground storage tank program. B. Decision

I conclude that the State ofMaine's application for final approval meets all ofthe statutory andregulatory requirements established by subtitle Iof RCRA. Accordingly, Maine is granted final approval to operate its underground storage tank program. The State ofMaine now has the responsibility for managing allregulated underground storage tank facilities within its borders and carrying out all aspects ofthe Federal underground storage tank program except with regard II I II II I III I II I II I II I I I I I II I I i i ,,l. 

### S24759

HeinOnline -- 57 Fed. Reg. 24759 1992OFFICE OF RCRA Waste Management Division 

### U.S. EeA. REGIQN 

### Y.

# oo~~**HW~ill** MAY 281992 

# 1:' 

# I '"l'

. C. (N

### S·1\·~~ 

### {[VI!. 

# -----------'-3L Washington, DC20408



### May 21, 1992**~_** 

## £)

# ful~-L(,e..AA.~~~~"f t Dav!a A. UllrJ.ch

### W'('()l\~**"'~~fLUl­** Director,**W~~** 

### Management Division**Env~ron~tal** 

### Protection Agency**RegJ.~** 

### _**77~est** 

### Jackson Boulevard**~icago,** 

### IL 60604-3590

Dear Mr. Ullrich:

I acknowledge receipt of the material which will update the previously approved incorporation by reference in 40 CFR 272.651. The material to be incorporated and the language for incorporation in the draft Federal Register rule document

are now in conformity with the requirements of 1 CFR Part 51.



# • Approval of the following Idaho regulations for this updated incorporation by reference will be effective on the effective date of your rule:

Chapter 44 "Hazardous waste Management," section 39 of the Idaho Code (I.C.), General Laws of Idaho Annotated, Volume 7A, published in 1985: I.C. 39-4406; 39-4407; 39-4412; 39- 4416; 39-4421; and 39-4429 as contained in the 1991 Cumulative Pocket Supplement Idaho Code, Volume 7A republished in September 1991: I.C. 39-4403; 39-4404; 39- 4405; 39-4408; 39-4409; 39-4410(3); 39-4411 (effective until July 1, 1993); 39-4411 (effective July 1, 1993); 39-4423; 39- 4424; and 39-4429.

Idaho Department of Health and Welfare Rules and Regulations,

as contained in Tit.le I, Chapt.er 5: "Ru

### l 

### p-s: Regulations and 

### Standards for Hazardous Waste" (IDHW Regulations), in effect

as of March 6, 1991: IDHW Regulations, sections: 16.01.5000- 5013; 16.01.5356; and Appendix A.

This approval is contingent upon the final rule containing the language changes which were agreed upon by our staffs.

If you wish to enforce some other edition of the pUblication approved, you must:

1. Publish notice of the change in the Federal Register, and amend the Code of Federal Regulations; and

2. Ensure that a copy of that edition is on file at the Office of the Federal Register; and

NationalArchivesandRecordsAdministration

### •



# •

•

•**"~-,**



### 3. Notify the Director of the Federal Register in writing of the change.

If you have any questions concerning incorporation by reference, please call the Legal Staff on 523-4534.

Sincerely,

# aft~~·~ 

# Tir'-

SANDRA M. JABLONSKI Attorney Office of the Federal Register

# !M~trn**(~WE[ID** MAY 

# 291992

OFFICE OF**~CRA Was~e** **l\Ilanagemen~** 

### Di"lslon 

### U.S. EPA. REGION Vi