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

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

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R10–RCRA–2011–0973; FRL–9707–1] 

Idaho: Incorporation by Reference of 

Approved State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Resource Conservation 

and Recovery Act, as amended, (RCRA), 

allows the Environmental Protection 

Agency (EPA) to authorize State 

hazardous waste management programs 

if the EPA finds that such programs are 

equivalent to and consistent with the 

Federal RCRA program and if such 

programs provide adequate enforcement 

of compliance. The regulations are used 

by the EPA to codify its decision to 

authorize individual State programs and 

incorporate by reference those 

provisions of the State statutes and 

regulations that are subject to the EPA’s 

RCRA inspection and enforcement 

authorities as authorized provisions of 

the State’s program. This direct final 

rule revises the codification of the 

authorized Idaho hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s rules and regulations. 

DATES: This rule is effective November 

30, 2012, unless the EPA receives 

adverse comment on this regulation by 

the close of business October 31, 2012. 

If the EPA receives such comments, the 

EPA will publish a timely withdrawal of 

this direct final rule in the Federal 

Register informing the public that the 

rule will not take effect and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to codify Idaho’s authorized 

hazardous waste management program. 

The Director of the Federal Register 

approves this incorporation by reference 

as of November 30, 2012 in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2011–0973 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: kocourek.nina@epa.gov. 

• Mail: Nina Kocourek, U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop AWT–122, Seattle, WA 

98101. 

• Hand Delivery: Nina Kocourek, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 900, Mail Stop AWT–122, Seattle, 

WA 98101. Such deliveries are only 

accepted during the normal business 

hours of operation; special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–RCRA–2011– 

0973. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. For additional 

information about the EPA’s public 

docket visit the EPA Docket Center 

homepage at http://www.epa.gov/ 

epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Region 10 Library, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

The EPA Region 10 Library is open from 

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

Monday through Friday, excluding legal 

holidays. The EPA Region 10 Library 

telephone number is (206) 553–1289. 

FOR FURTHER INFORMATION CONTACT: 

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

1200 Sixth Avenue, Suite 900, Mail 

Stop AWT–122, Seattle, WA 98101, 

email: kocourek.nina@epa.gov, phone 

number (206) 553–6502. 

SUPPLEMENTARY INFORMATION: 

I. Incorporation by Reference 

A. What is codification? 

Codification is the process of 

including the rules and regulations that 

comprise the State’s authorized 

hazardous waste management program 

in the Code of Federal Regulations 

(CFR). Section 3006(b) of RCRA, 42 

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

Environmental Protection Agency to 

authorize State hazardous waste 

management programs. The State 

regulations authorized by the EPA 

supplant the federal regulations 

concerning the same matter with the 

result that after authorization the EPA 

enforces the authorized regulations. 

Infrequently, State statutory language 

which acts to regulate a matter is also 

authorized by the EPA with the 

consequence that the EPA enforces the 

authorized statutory provision. The EPA 

does not authorize State enforcement 

authorities and does not authorize State 

procedural requirements. EPA codifies 

the authorized State program in 40 CFR 

part 272 and incorporates by reference 

State statutes and regulations that make 

up the approved program which is 

Federally enforceable. The EPA retains 

independent enforcement authority 

pursuant to sections 3007, 3008, 3013 

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

6928, 6934 and 6973 and any other 

applicable statutory and regulatory 

provisions. 

This action codifies the EPA’s 

authorization of revisions to Idaho’s 

hazardous waste management program. 

This direct final action codifies the State 

program in effect at the time the EPA 

authorized revisions to the Idaho 

hazardous waste management program 

in a final rule effective July 11, 2012 (77 

FR 34229, June 11, 2012). Notice and an 

opportunity for comment regarding 

those revisions to the authorized State 

program were provided to the public at 

the time those revisions were proposed. 

The EPA is not reopening its decision to 

authorize changes to the State’s program 

nor is the EPA requesting comment on 

those revisions. 

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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59759 

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, March 26, 1990). 

Subsequently, the EPA authorized 

revisions to the State’s program effective 

June 5, 1992 (57 FR 11580, April 6, 

1992), August 10, 1992 (57 FR 24757, 

June 11, 1992), June 11, 1995 (60 FR 

18549, April 12, 1995), January 19, 1999 

(63 FR 56086, October 21, 1998), July 1, 

2002 (67 FR 44069, July 1, 2002), March 

10, 2004 (69 FR 11322, March 10, 2004), 

July 22, 2005 (70 FR 42273, July 22, 

2005), February 26, 2007 (72 FR 8283, 

February 26, 2007), December 23, 2008 

(73 FR 78647, December 23, 2008), and 

July 11, 2012 (77 FR 34229, June 11, 

2012). The EPA first codified Idaho’s 

authorized hazardous waste 

management program effective February 

4, 1991 (55 FR 50327, December 6, 

1990), and updated the codification of 

Idaho’s program effective June 5, 1992 

(57 FR 11580, April 6, 1992), August 10, 

1992 (57 FR 24757, June 11, 1992), 

August 24, 1999 (64 FR 34133, June 25, 

1999), March 8, 2005 (70 FR 11132, 

March 8, 2005), April 20, 2006 (71 FR 

20341, April 20, 2006), April 6, 2010 (75 

FR 17309, April 6, 2010). In this action, 

the EPA is revising subpart N of 40 CFR 

part 272, to include the most recent 

authorization revision effective July 11, 

2012 (77 FR 34229, June 11, 2012). 

C. What codification decisions have we 

made in this rule? 

This action incorporates by reference 

the authorized revisions to the Idaho 

hazardous waste management program 

by revising subpart N of 40 CFR part 

272. Previously, 40 CFR 272.651, 

incorporated by reference Idaho’s 

authorized hazardous waste 

management program, as amended, 

through 2008. Section 272.651 also 

referenced the demonstration of 

adequate enforcement authority, 

including procedural and enforcement 

provisions, which provided the legal 

basis for the State’s implementation of 

the hazardous waste management 

program. In addition, Section 272.651 

referenced 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 

updates 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 11, 2012 (77 

FR 34229, June 11, 2012). 

D. What is the effect of idaho’s 

codification on enforcement? 

The 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, the 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 

incorporating 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. The EPA 

lists Idaho’s authorities for 

informational purposes, and because the 

EPA considered them in determining 

the adequacy of Idaho’s enforcement 

authorities. This action revises this 

listing for informational purposes where 

these authorities have changed under 

Idaho’s revisions to State law and were 

considered by the 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 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, which have been 

incorporated into the State regulations 

because of the way the State adopted 

federal regulations by reference; and 

(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(c)(3) 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. While ‘‘broader in scope’’ 

provisions are not part of the authorized 

program and cannot be enforced by the 

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 the EPA has 

identified as taking effect immediately 

in States with authorized hazardous 

waste management programs, the EPA 

will enforce those Federal HSWA 

standards until the State is authorized 

for those provisions. 

This codification does not affect 

Federal HSWA requirements for which 

the State is not authorized. The 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 the 

EPA has identified the HSWA 

requirement(s) as an optional or as a less 

stringent requirement of the Federal 

Rules program. A HSWA requirement or 

prohibition, unless identified by the 

EPA as optional or as less stringent, 

supersedes any less stringent or 

inconsistent State provision which may 

have been previously authorized by the 

EPA (50 FR 28702, July 15, 1985). 

Some existing State requirements may 

be similar to the HSWA requirements 

implemented by the EPA. However, 

until the EPA authorizes those State 

requirements, the EPA enforces the 

HSWA requirements and not the State 

analogs. 

II. Statutory and Executive Order 

Reviews 

This direct final action codifies 

revisions to the EPA-authorized 

hazardous waste management program 

in Idaho pursuant to RCRA section 3006 

and imposes no requirements other than 

those imposed by State law. This action 

complies with applicable executive 

orders and statutory provisions as 

follows: 

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59760 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 

1. Executive Order 12866 and 13563 

This action will codify revisions to 

the federally approved hazardous waste 

management program in Idaho. This 

type of action is exempt from review 

under Executive Order (EO) 12866 (58 

FR 51735, October 4, 1993) and EO 

13563 (76 FR 3821, January 21, 2011). 

2. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This direct 

final rule does not establish or modify 

any information or recordkeeping 

requirements for the regulated 

community. 

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 this 

direct final 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. The EPA has 

determined that this direct final action 

will not have a significant impact on 

small entities because the action will 

only have the effect of codifying 

authorized pre-existing State law 

requirements. After considering the 

economic impacts of this action, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

4. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

action imposes no new enforceable duty 

on any State, local or tribal governments 

or the private sector. Therefore, this 

action is not subject to the requirements 

of sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small government 

entities. 

5. Executive Order 13132: Federalism 

This action does not have federalism 

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 the various 

levels of government, as specified in 

Executive Order 13132. This action 

addresses the codification of the 

authorized State hazardous waste 

management program in Idaho. 

Codification is the process of including 

the rules and regulations that comprise 

the State’s authorized hazardous waste 

management program in the CFR. Thus, 

Executive Order 13132 does not apply 

to this action. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This action addresses the 

codification of the authorized State 

hazardous waste management program 

in Idaho. Codification is the process of 

including the rules and regulations that 

comprise the State’s authorized 

hazardous waste management program 

in the CFR. Thus, the EPA has 

determined that Executive Order 13175 

does not apply to this rule. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

(EO) 13045 (62 FR 19885, April 23, 

1997) as applying only to those 

regulatory actions that concern health or 

safety risks, such that the analysis 

required under section 5–501 of the EO 

has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it codifies an 

approved state program into the CFR. 

Codification is the process of including 

the rules and regulations that comprise 

the State’s authorized hazardous waste 

management program in the CFR. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (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 the 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 the EPA to provide 

Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. The 

EPA has determined that this action 

does not involve ‘‘technical standards’’ 

as defined by the NTTAA. Therefore, 

the EPA did 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 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

action will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action addresses 

codifying a revision of the authorized 

hazardous waste management program 

in the State of Idaho. The EPA has 

determined that the action is not subject 

to Executive Order 12898. 

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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 59761 

11. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action will be 

effective November 30, 2012. 

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 action is issued under the 

authority of Sections 2002(a), 3006 and 

7004(b) of the Solid Waste and Disposal Act, 

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

Dated: July 24, 2012. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

For the reasons set forth in the 

preamble, the EPA amends 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. Section 272.651 is revised 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 the EPA in 

Idaho’s base program application for 

final authorization which was approved 

by the EPA effective on April 9, 1990. 

Subsequent program revision 

applications were approved by the EPA 

effective on June 5, 1992, August 10, 

1992, June 11, 1995, January 19, 1999, 

July 1, 2002, March 10, 2004, July 22, 

2005, February 26, 2007, December 23, 

2008, and July 11, 2012. 

(b) The State of Idaho has primary 

responsibility for enforcing its 

hazardous waste management program. 

However, the 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 binder entitled ‘‘EPAApproved Idaho Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated July 2012. 

(ii) [Reserved] 

(2) The EPA considered the following 

statutes and regulations in evaluating 

the State program but is not 

incorporating them herein for 

enforcement purposes: 

(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, 

Charlottesville, Virginia: sections 39– 

4401; 39–4402; 39–4404; 39–4405 with 

exception of 39–4405(9); 39–4406; 39– 

4407; 39–4408(4); 39–4409(2) except 

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

only first sentence; 39–4410; 39– 

4411(1); 39–4411(3); 39–4411(6); 39– 

4412; 39–4413; 39–4414; 39–4415; 39– 

4416; 39–4417; 39–4418; 39–4419; 39– 

4420; 39–4421; 39–4422; 39–4423(3); 

and 39–4426. 

(ii) 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, 

Charlottesville, Virginia: sections 39– 

5801; 39–5802; 39–5804; 39–5805; 39– 

5806; 39–5807; 39–5809; 39–5810; 39– 

5811; 39–5812; 39–5813(2); 39–5814; 

39–5816; 39–5817; and 39–5818(1). 

(iii) Idaho Code containing the 

General Laws of Idaho Annotated, 

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

Writings’’, published in 2010 by the 

Michie Company, Law Publishers, 

Charlottesville, Virginia: sections 9–337 

et seq.; 9–338; 9–339; 9–340A; 9–340B; 

9–340C; 9–340D; 9–340E; 9–340F; 9– 

340G; 9–340H; 9–341; 9–342A; 9–343; 

and 9–344. 

(iv) Idaho Department of 

Environmental Quality Rules and 

Regulations, Idaho Administrative Code, 

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

and Standards for Hazardous Waste’’, 

published in April 2011: sections 

58.01.05.000; 58.01.05.356.02; 

58.01.05.356.03; 58.01.05.356.04; 

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, 

Charlottesville, Virginia: sections 39– 

4403(6); 39–4403(14); 39–4403(17) only 

the second and third sentences; 39– 

4405(9); 39–4409(1) only the fourth and 

fifth sentences; 39–4409(7); 39–4423(2); 

39–4427B; 39–4427C; 39–4427D; 39– 

4428; 39–4429; 39–4430; 39–4431; and 

39–4432. 

(ii) 2010 Cumulative Pocket 

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

containing, Title 39, Chapters 44 

‘‘Hazardous Waste Management’’, 

published in 2010 by the Michie 

Company, Law Publishers, 

Charlottesville, Virginia: section 39– 

4427. 

(iii) 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 

Charlottesville, Virginia: section 39– 

5813(3). 

(iv) Idaho Department of 

Environmental Quality Rules and 

Regulations, Idaho Administrative Code, 

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

and Standards for Hazardous Waste’’, 

published in April 2011: sections 

58.01.05.011 only the fourth sentence; 

58.01.05.355; 58.01.05.500; and 

58.01.05.900. 

(4) Memorandum of Agreement. The 

Memorandum of Agreement between 

the 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 

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59762 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations 

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, 

September 22, 2004, June 13, 2006, 

September 29, 2006, June 23, 2008, and 

October 14, 2011, including clarification 

letter dated July 12, 2012, 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 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’’, published 

in 2002 by the Michie Company, Law 

Publishers: sections 39–4403 except for 39– 

4403(6), 39–4403(14), and the second and 

third sentences of 39–4403(17); 39–4408(1); 

39–4408(2); 39–4408(3); 39–4409(1) except 

the fourth and fifth sentences; 39–4409(2) 

only first sentence; 39–4409(4) except the 

first sentence; 39–4409(5); 39–4409(6); 39– 

4409(8); 39–4411(2); 39–4411(4); 39–4411(5); 

39–4423(1); 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 39–5803; 39–5808; 

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’’, published in April 2011: 

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 

with the exception of the fourth sentence; 

58.01.05.012; 58.01.05.013; 58.01.05.015; 

58.01.05.016; 58.01.05.017; 58.01.05.018; 

58.01.05.356.01; and 58.01.05.998. 

* * * * * 

[FR Doc. 2012–23972 Filed 9–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8247] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http:// 

www.fema.gov/fema/csb.shtm. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

mstockstill on DSK4VPTVN1PROD with RULES