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.

(FR Doc. 92-13796 Filed 6-10-92; 8:45 am]

SILUNG CODE 6560-0-M

40 CFR Part 272

[FRL-4141-]

Idaho; Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Idaho has

applied for final authorization of its

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 of the

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 for public

review and comment.

DATES: Final authorization for Idaho's

program revision shall be effective

August 10, 1992 unless EPA publishes a

prior Federal Register action

withdrawing this immediate final rule.

The incorporation by reference of

certain publications listed in the

regulations are approved by the Director

of the Federal Register as of August 10,

1992. All comments on Idaho's program

revision application must be received by

the close of business July 13, 1992.

ADDRESSES: Copies of Idaho's program

revision application are available

Monday through Friday, 8 a.m. to 5 p.m.,

at the following locations for inspection

and copying: Idaho Department of

-Health and 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) of the Resource

Conservation and Recovery Act ("RCRA

or "the Act"), 42 U.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, the Hazardous

and Solid Waste Amendments of 1984

(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) of RCRA, 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 or regulatory

authority is modified or when certain

other changes occur. Most commonly,

State program revisions are necessitated

by changes to EPA's regulations in 40

CFR parts 260-266, 268, 124 and 270.

B. Idaho

Effective on April 9, 1990, Idaho

received final authorization for the base,

non-HSWA and HSWA requirements

promulgated as of July 1, 1987 and

interim authorization for those HSWA

corrective action provisions of Section

3004(u), promulgated as of July 7, 1987

(see 55 FIR 11015 dated March 26, 1990).

Effective on June 5, 1992, Idaho received

final authorization for those HSWA

corrective action provisions of Section

3004(u) promulgated as of July 7, 1987

(see 57 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 of its program revision

in accordance with 40 CFR 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 of the

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 on EPA's immediate final

decision up until 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 of this notice.

Approval of Idaho's program revision

shall become effective in 60 days unless

an adverse comment pertaining to the

State's revision discussed in this notice

is received by the end of the comment

period. If a relevant adverse comment is

received EPA will publish either (1) a

withdrawal of the 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 of Health

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 of Federal Register, as of July 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:

the Toxicity 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 of the requirements for a 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 of Idaho's initial base authorization

approval EPA determined that the State

of Idaho's hazardous waste public

availability information regulation

(IDAPA 16.01.5750) was equivalent to

RCRA section 3006(0. On July 1, 1990

the State of Idaho 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 et seq.) meets the

requirements of RCRA Section 3006(f).

Pursuant the Idaho Public Records Act

the Idaho Department of Health 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 and published thd

"Guidelines for Public Records" adopted

December 31,1990 revised March 7,

1991. specifying the public record

procedures and fees for the Department.

This program revision will not

authorize the State to operate'the RCRA

program over any Indian lands; this

authority remains with EPA.

C. Decision

I conclude 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 of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. Idaho also has

primary enforcement responsibilities,

although EPA retains the right to

conduct inspections under section 3007

of RCRA and to take enforcement

actions under section 3008, 3013 and

7003 of RCRA.

D. Codification in Part 272

EPA uses part 272 for codification of

the decision to authorize Idaho's

.program and for incorporation by

reference of those provisions of Idaho's

statutes and regulations that EPA will

enforce under section 3008 of RCRA.

Therefore, EPA is amending § 272.651.

Compliance with Executive Order 12291

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 U.S.C,

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Idaho's program,

thereby eliminating duplicate

requirements for handlers of hazardous

waste in the State. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 272

Administrative practice and

procedure, Confidential business

information, Hazardous materials

transportation. Hazardous waste,

Incorporation by reference, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authorlty. This notice 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), 6928, 6974(b).

Dated: June 1, 1992.

Dana A. Rasmussen,

Regional Administrator.

For reasons set forth in the preamble,

40 CFR part 272 is amended as follows:

PART 272-APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS

1. The authority for part 272 continues

to read 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, 42 U.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 of Idaho is authorized to

administer and enforce a hazardous

waste management program in lieu of

the Federal program under subtitle C of

the Resource Conservation and

Recovery Act (RCRA), 42 U.S.C. 6921 et

seq, subject to the Hazardous and Solid

Waste Amendments of 1984 (HSWA),

(Pub. L 98-16, Nov. 8,1984), 42 U.S.C.

6928 (c) and (g)). The Federal program

for which a State may receive

authorization is defined in 40 CFR part

271. The State's program as

administered by the Idaho Department

of Health and Welfare, was approved by

EPA pursuant to 42 U.S.C. 6926 (b) and

(g) and part 271 of this chapter. EPA's

initial approval of Idaho's program for

the base, HSWA and non-HSWA

provisions promulgated as of July 1,

1987, was effective on April 9, 1990 (see

55 FR 11015 dated March 26, 1990).

EPA's approval of Idaho's corrective

action program for those provisions

promulgated as of July 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 of EPA unless EPA has

explicitly indicated its intent to allow

such action in a Federal 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) of RCRA.

42 U.S.C. 6926(b): Idaho has final

authorization for the following 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 of the 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) State Statutes and Regulations.

(1) The requirements in 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. This

incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from the Michie Company,

Law Publishers, 1 Town 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 of Idaho, Board of Health and

Welfare, by the Hazardous Waste

Management Act of 1983 (HWMA). This

includes the following statutes as

contained in Chapter 44 "Hazardous

Waste Management". section 39 of the

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 the Idaho

Department of Health 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 of March 6,

1991, are part of the 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 of the

authorized state program. These statutes

are as contained in chapter 44

"Hazardous Waste Management",

section 39 of the Idaho Code (I.C.),

General Laws of Idaho Annotated,

Volume 7A, published in 1985 by the

Michie Company, Law Publishers,

Charlottesville, Virginia: I.C. 39-4413

("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 7A republished in

September 1991; by the Michie

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 of the

authorized state program. These statutes

are as contained in Chapter 3 "Public

Writings", Section 9 of the Idaho Code

(I.C.), General Laws of Idaho 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,

published in 1991; by the Michie

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 not part

of the authorized program, but remain

part of the State hazardous waste

program requirements. The statutes are

as contained in chapter 44 "Hazardous

Waste Management", Section 39 of the

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 of March

6, 1991, hereinafter referred to as

"IDHW Regulations" are: IDHW

Regulations section 16.01.5500, 01 and

02.

(b) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region 10 and Idaho Department 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 C of RCRA 42 U.S.C. 6921 et

seq.

(c) Statement of legal authority. 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 the July 5, 1988 Attorney

General Statement, signed by the

Attorney General of Idaho on July 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 of Idaho on February 13, 1992,

are part of the authorized hazardous

waste management program under

Subtitle C of RCRA 42 U.S.C. 6921 et

seq.

(d) Program description. Program

descriptions dated July 1988, and revised

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 C of 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 Approval of State

Underground Storage Tank Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

Maine's application for final approval.

SUMMARY. The State of Maine has

applied for final approval of its

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 tank program satisfies all the

requirements necessary to qualify for

final approval. Thus, EPA is granting

final approval to the State of Maine to

operate its program.

EFFECTIVE DATE: Final approval for

Maine shall be effective at 1 p.m. on July

13, 1992.

FOR FURTHER INFORMATION COWTACT.

Rhona Julien, Office of Underground

Storage Tanks, HPU-7, U.S. EPA, Region

I, JFK Federal Building, Boston, MA

02203, 617/573-9655.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of RCRA enables EPA to

approve state underground storage tank

programs to operate in a state in lieu of

the Federal underground storage tank

program. To qualify for final

authorization, a state's program must:

(1j Be "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 of Maine 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 of its

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 of the application for public

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

of public interest. Since there was no

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 of Maine's

application for final approval meets all

of the statutory and regulatory

requirements established by subtitle I of

RCRA. Accordingly, Maine is granted

final approval to operate its

underground storage tank program. The

State of Maine now has the

responsibility for managing all regulated

underground storage tank facilities

within its borders and carrying out all

aspects of the Federal underground

storage tank program except with regard

I I I II II I II I I II I II I II I I I I I I I I I i i ,,l.

S24759

HeinOnline -- 57 Fed. Reg. 24759 1992
OFFICE 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: "Rul 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

National Archives andRecords Administration
•

•

•

•

"~-,

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