### Federal Register / Vol. 55, No. 235 / Thursday, December 6, 1990 / Rules and Regnbetions 5037'

List of Subjects in 40 CFR Part 180

Administrative practice and procedure, Agricultural commodities, Pesticides and pests; Reporting and recordkeeping requirements.

Dated: November 23, 1990. Douglas D.Campt, Director, Officeof Pesticide Programs. Therefore, 40 CFR part 180 is amended

as follows:

PART 180-AMENDED]

1. The authority citation forpart 160 continues to read as follows:

Authority: 21 U.S.C. 346a and371.
2. New §180.1102 is added, to read as follows:
§ 180.1102 Trlchoderma harzianum, Rifal Strain KRL-AG2; exemption fromthe requirement ofatolerance.

An exemption from the requirement of

a tolerance-is established forresidues of the biofungicide Trichoderma harzianum,Rifai Strain KRL-AG2, in or

on beans (green and dry), cabbage, corn (field and sweet), cotton, cucumbers, peanuts, potatoes, sorghum, soybeans,
sugar beets, and tomatoes when used as
a fungicide for the treatment of seeds of these crops in accordance with good agricultural practices. [FR Doc. 90-28529 Filed12-5-90: 8:45 am]

BILLING COOE 6580-0-F

40 CFR Part 272 [FRL-3866-71

Hazardous Waste Management Program Codificationof Approved State Hazardous Waste Program for
Idaho
AGENCY: Environmental Protection Agency. ACTION: Immediate final rule.

SUMMARY: The Resource Conservation and Recovery Act of1976, as amended (RCRA) authorizes the United States Environmental Protection Agency (EPA)
to grant Final and Interim Authorization
to States to operate their hazardous
waste management programs in lieu of the Federal program. Title 40 Code of Federal Regulations (CFR) part 272 codifies EPA's prior authorization of State programs and incorporates by reference those provisions ofthe State
statutes and regulations that EPA will enforce under RCRA section 3008.This rule codifies Idaho's authorized State
program in part 272. DATES: The codification of Idaho's authorized hazardous waste program Background

Section 3006 ofthe Resource Conservation and Recovery Act of1976,

as amended, (RCRA), 42 U.S.C. 6926et. seq., allows the U.S. Environmental Protection Agency (ERA)to authorize State hazardous waste programs to operate in the State in lieu ofthe Federal hazardous waste program. On March 26, 1990,EPA published a Federal Register notice-announcing its decision to grant final and interim authorization to Idaho (See 55 FR 11015). Idaho received final authorization for the RCRA base
program and those HSWA proyisions promulgated as ofJuly 7, 1987. Interim authorization was granted for the HSWA corrective action provisions promulgated as ofJuly 7, 1987. Interim authorization is a temporary authorization which a state can request and which is granted ifthe evidence submitted shows the state requirements

are at least substantially equivalent to the federal program requirement. (See section 3006(g)(2) 42 U.S.C. 6926(g)). All interim authorizations pursuant to section 3006(g) expire on January 1, 1993. Responsibility for the portion of" the program returns (reverts) to EPA on that date, ifa state has not received final authorization for those provisions.

Since that time, EPA has decided to codify its approval ofState programs in part 272 oftitle40, Code ofFederal Regulations (CFR), and toincorporate by reference therein the State statutes and regulations that EPA will enforce under section 3008. The intended codifications reflects the State program that was in effect when EPA granted Idaho final and interim authorization shall be effective February 4, 1991, unless EPA publishes a prior Federal Register actionwithdrawing this immediate final rule. All comments on the Idaho authorized program codification must be received by the close ofbussiness January 7, 1991. The incorporation by reference ofcertain publications listed in the regulations is approved by the Director ofthe Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51. ADDRESSES: Written comments should .be sent to Nina Kocourek, HW-112, Waste Management Branch, U.S. EPA, Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101 or call'(206) 442- 6502.
FOR FURTHER INFORMATION CONTACT: Nina Kocourek HW-112, Waste Management Branch, U.S. EPA, Waste Management Branch, Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101, (206) 442-6502.
SUPPLEMENTARY INFORMATION: 

### under section 3006(b) for itshazardous wasteprogram.

This effort will provide clearer notice to the public of the scope of the authorized program in each State. Such notice is particularly important in light ofthe Hazardous and Solid Waste Act Amendments of 1984 (HSWA), Public Law 98-618.Revisions ofState hazardous waste programs are necessary when Federal statutory or regulatory authority is modified. Because HSWA extensively amended RCRA, State programs must be mbdified to reflect those amendments. By codifying the authorized Idaho program, and by amending the Code ofFederal Regulations whenever a new or different setofrequirements is authorized in Idaho, the status of the Federally approved requirements ofthe Idaho hazardous waste program will be readily discernible.

TheAgency will only codify for enforcement purposes those provisions ofthe Idaho hazardous waste management program for which authorization approval has been granted by EPA. Concerning HSWA, some State requirements may be similiar to HSWA requirements that are in effect under Federal.statutory authority in that State. However, as Idaho is only-authorized, for those federal requirements promulgated as ofJuly 7,1987, all other State HSWA-type requirements promulgated as ofJuly 7, 

### 1987, all other State HSWA-type requirements promulgated since that date are not authorized and will notbe codified into the CFR until the Regional Administrator publishes his final decision to authorize the State for additional specific non-HSWA and HSWA requirements: Until such time, EPA will enforce the IISWA requirements and not the State analog.

To codify the Idaho authorized hazardous waste program, EPA will add subpart N to part 272 oftitle 40ofthe CFR. Subpart N has previously been' reserved forIdaho. Section 272.651(a)(1), (b)-(d), and §272.652(a)(1) codifies for enforcement purposes,'the State statutes and regulations, the Memorandum of Agreement, the Attorney General Statement; and the Program Description, which are authorized and made part of the hazardous waste management program under subtitle C ofRCRA.

The Agency retains the authority under sections 3008,3013 and 7003 of RCRA to undertake enforcement actions in authorized States. With respect to such enforcement action, theAgency will rely on Federal sanctions, Federal inspection authorities, and the Federal Administrative Procedures Act rather

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than the authorized Stateanalog to these requirements. Therefore, the Agency does not intend to codify such authorized Idaho enforcement authorities. Section 272.651(a)(2) lists those authorized Idaho authorities that would fall into this category.

The public alsoneeds tobe aware that some provisions ofthe State's hazardous waste management program

are notpart ofthe Federally authorized State program. These non-authorized provisions arenot partofRCRA subtitle Cprogram because they are "broader in scope" than RCRA subtitle C.See 40 CFR 271.1(i). As a result, State provisions which are "broader in scope" than theFederal program are not codified for purposes ofenforcement in part272. Section 272.651(a)(3) ofthe intended codification simply lists for reference and clarity theIdaho statutory and regulatory provisions which are "broader in scope" than the Federal program and which are not,therefore, partof the authorized program being codified. "Broader in scope" provisions willnotbe enforcedby EPA; the State, however, willcontinue to enforce such provisions.

As noted above, the Agency is not amendingpart 272 to include any unauthorized HSWA requirements and prohibitions that are immediately effective in Idaho and other States. Section 3006(g) ofRCRA provides that any requirement orprohibition of HSWA (includingimplementing regulations) takes effect in authorized States atthe same timethat it takes effect in non-authorized States. Thus, EPA has immediate authority to implement aHSWArequirement or prohibition once it is effective. AHSWA requirement orprohibition supersedes any less stringent or inconsistent State provision which may havebeen previously authorized byEPA. (See 50 FR 28702, July 15, 

### 1985.) Because of the vast number ofHSWA statutory and, regulatory requirements takingeffect

over the next few years, EPA expects that many previously authorized and codified State provisions will be affected. The States are required to revise theirprograms to adopt the HSWA requirements and prohibitions by deadlines set forth in 40 CFR271.21, and then to seek authorization for those revisions pursuant to section 271.EPA expects that the States willbe modifying theirprograms substantially and repeatedly. Ingeneral, persons wanting to know whether a HSWArequirement

or prohibition is in effect shouldreferto 40CFR 271.1(j), as amended,which lists each such provision. The codification ofState authorized
programs in the CFR should substantially enhance the public's ability to discern the current status of the authorized State program and clarify the extent ofFederal enforcement authority. This will be particularly true

as more Stateprogram revisions to adopt additional HSWA provisions are authorized.

Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of 5U.S.C. 605(b), I hereby certify that this action will not have a significant economic impact on a substantial number of small entities. It codifies the decision already made to authorize Idaho's program and has no separate effect on handlers of hazardous waste in the State orupon small entities. This rule, therefore, does
not require aregulatory flexibility analysis. Compliance With Executive Order 12291

The Office ofManagement and Budget has exempted this rule from the requirements ofsection 3 ofExecutive Order 12291. Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 etseq.Federal agencies
must consider the paperwork burden imposed by any information request contained in a proposed rule or a final rule. This rule will not impose any information requirements upon the regulated community.

Listof Subjects in 40 CFR Part272

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

Dated: November 28,1990. Dana A. Rasmussen, RegionalAdministrator.

For the reasons setforth in the preamble, 40 CFR part 272 is revised as follows:

PART 272-APPROVED STATE HAZARDOUS WASTE MANAGEMENT

PROGRAMS

1.The authority for40 CFR part 272 continues to read as follows:

Authority: Sec. 2002(a), 3006, and7004(b) of the Solid Waste DisposalAct, as amended by the Resources Conservation andRecovery Act of1976, asamended. 42 U.S.C.6912(a). 6926, and6974(b). 2. Part 272 is amended by adding subpart N to read as follows: SubpartN-Idaho 8

Sec.
272.650 State authorization. 272.651 State-administered program: Final authorization. 272.52 State-administered program: Interim authorization. 272.653 through 272.699 [Reserved]
Subpart N-Idaho
§272.650 State authorization.

(a) The State ofIdaho 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 (HISWA), (Pub. L. 98-616,Nov. 8, 1984), 42 U.S.C. 6926(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 ofHealth and Welfare, was approved by EPApursuant to 42 U.S.C. 6926(b) and (g) and part 271 ofthis chapter. EPA's approval ofIdaho's program was effective on April 9, 1990, see 55 FR 11015, March 26, 1990.

(b)Idaho is not authorized to implement any other HSWA requirements promulgated afterJuly 7, 1987, in lieu ofEPAunless EPA has explicitly indicated its intent to allow. such action in a Federal Register notice granting Idaho authorization. (c) Idaho has primary responsibility forenforcing its hazardous waste program. However, EPA retains the authority to exercise its enforcement authorities under sections 3007, 3008, 3013, and 7003 ofRCRA, 42 U.S.C.6927, 6928, 6934, and 6973, as well as under other Federal laws and regulations.

(d) Idaho must revise its approved
program to adopt new changes to the Federal subtitle C program, in accordance with section 3006(b) of RCRA and 40 CFR part 271, subpart A. Idaho must seek final authorization for all program revisions pursuant to section 3006(b) ofRCRA, but, on a temporary basis, may seek interim authorizatiori for revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 U.S.C. 6926(g). IfIdaho obtains final authorization for the revised requirements pursuant to section 3006(g), the newly authorized provision will be listed in § 272.651 of thissubpart. If Idaho obtains interim authorization for the revised requirements pursuant to 

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### Federal Register / Vol. 55, No. 235 / Thursday, December 6, 1990 / Rules and Regulations

section 3006(g), the newly authorized provisions will be listed in § 272.652.
§272.651 State-administered program:

- Final authorization.

Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b): Idaho has final authorization for the following elements submitted toEPA in Idaho's program application for final authorization and approved by EPA effective on April 9,' 1990.

(a)State statutes and regulations. (1) The requirements in the Idaho statutes and regulations cited in this paragraph

are incorporated by reference and codified as part ofthe hazardous waste management program under subtitle C. ofRCRA, 42 U.S.C. 6921 etseq.This incorporation by reference was approved by the Director ofthe Federal Registerin accordance with 5U.S.C. 552 (a) and I CFR part 51.

(i) Statutory authority is vested in the StateofIdaho, Board ofHealth and Welfare, by the Hazardous Waste Management Act of1983 (HWMA). This includes the following statutes as contained in chapter 44 "Hazardous Waste Management", section 39 ofthe Idaho Code (I.C.), General Laws of Idaho Annotated, Volume 7A, published in May 1985 by the Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4401; 39-4402; 39-4406; 39-4407; 39-4412; 39-4416; 39-4417; 39- 4418; 39-4419; 39-4420; 39-4421; 39-4422; 39-4427; 39;4428; 39-4429; 39-4430; 39- 4431; 39-4432; and as contained in the 1988 Cumulative Pocket Supplement Idaho Code, Volume 7A, published in June 1988; by The Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4403; 39-4404; 39-4405; 39-4408; 39- 4409 (1). (2), (3), (4), (6), (7). (8), 39-4410 (3); 39-4411; 39-4417B; 39-4423; and 39-- 4426. (ii) The following are the Idaho Department ofHealth and Welfare Rules and Regulations, as contained in title 1, chapter 5, "Rules and Regulations and Standards for Hazardous Waste", published December 13, 1988, in effect * as ofJune 10, 1988, (hereinafter referred
to as "IDHW Regulations") are part of the approved program under RCRA: IDHW Regulations, §§ 16.01.5000; 

### 16.01.5001; 16.01.5002, 01, 02; 16.01.5003; 16.01.5004; 16.01.5005; 16.01.5006, 01, 02; 16.01.5007; 16.01.5008 (with the exception of 16.01.5008, 06-appendix A, which is the counterpart to 40 CFR 264.101); 16.01.5009; 16.01.5010, 01, 02; 16.01.5011; 16.01.5012; 16.01.5013; 16.01.5356, 01, 02, 03, 04. 05; and appendix A. (Copies of the IDHW Regulations, edition dated December 13, 1988, in effect as ofJune 10, 1988, that are incorporated by reference in this paragraph are availablc 

### from Idaho Department ofHealth and Welfare, Administrative Procedures Section, 1410 N.Hilton Boise,Idaho, 83720).

(2)The following statutes although not codified herein for enforcement purposes, are part ofthe authorized state program. These 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 May 1985 by the Michie Company, LawPublishers, Charlottesville, Virginia: I.C. 39-4414 ("Remedies") and I.C. 39-4415 ("Violations constituting misdemeanors") and as contained in the 1988Cumulative Pocket Supplement Idaho Code, Volume 7A, published in June 1988; by The Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4413 ("Enforcement procedures").

(3)Thefollowing statutes and regulations concerning routing of hazardous waste shipments are "broader in scope" than the Federal program, are notcodified herein for enforcement purposes and are notpart ofthe authorized program. The statutes
are as contained in chapter 44 "Hazardous Waste Management", section 39 ofthe Idaho Code (I.C.) 1988 Cumulative Pocket Supplement, Volume 7A, published June 1988; by The-Michie Company, LawPublishers, Charlottesville, Virginia: I.C.39-4410 (1), (2), (4), and (5); and the regulations as contained inTitle 1, chapter 5, "Rules, 

### Regulations and Standards for Hazardous Waste", published December 13, 1988, in effect as ofJune 10, 1988. hereinafter referred to as "IDHW Regulations" are: IDHW Regulations section 16.01.5500, 01 and 02.

(b)Memorandumof Agreement.The Memorandum ofAgreement between EPA Region X and Idaho Department of Health andWelfare signed by the EPA Regional Administrator on March 26,

.1990, is codified aspart ofthe authorized hazardous waste management program under Subtitle C ofRCRA 42 U.S.C. 6921 etseq.

(c) Statementoflegalauthority. (1) "Attorney General's Statement for Final Authorization", signed by theAttorney General ofIdaho onJuly 5,1988; and (2) Letter bythe Attorney General ofIdaho toEPA signed onJuly 3, 1989, amending and supplementing theJuly 5, 1988 Attorney General's Statement forFinal Authorization, are codified aspart ofthe approved hazardous waste management program under Subtitle CofRCRA, 42 U.S.C. 6921 etseq.



### (d)Program description. The Program Description and any other materials submitted as part ofthe original application oras supplements thereto are codified as part ofthe approved hazardous waste management program under Subtitle CofRCRA, 42U.S.C. 6921 etseq. §272.652 State-administered program: Interim authorization.



### Pursuant to section 3006(g) ofRCRA

as amended by theHSWA, 42 U.S.C. 6926(g): Idaho has interim authorization for the following elements submitted to EPA in Idaho's program application for interim authorization and approved by EPA onApril 9, 1990 (see 55 FR 11015, March 26, 1990).



### (a)StateStatutesandRegulations.(1) Therequirements in the Idaho statutes and regulations citedin paragraphs (a)(1)(i) and (a)(1)(ii) of this section are incorporated by reference and codified

as part ofthehazardous waste management program under Subtitle C ofRCRA, 42 U.S.C. 6921 etseq.This incorporation byreference was approved by the Director oftheFederal Register inaccordance with 5U.S.C. 552(a) and 1CFRpart 51.

(i)Statutory authority is vested in the State ofIdaho, Board ofHealth and Welfare, by the Hazardous Waste Management Act of1983 (HWMA). The following statute concerns the HSWA corrective action provision that received interim authorization as contained in the chapter 44 "Hazardous Waste Management", section 39 of the Idaho Code (I.C.), 1988 Cumulative Pocket Supplement, Volume 7A, published June 1988; byThe Michie Company, Law Publishers, Charlottesville, Virginia: I.C. 39-4409(5).



### (ii) The following Idaho Department of Health and Welfare Rule and Regulation which contains thecorrective action provision forwhich Idaho received interim authorization is as contained in Title 1,chapter 5, "Rules, Regulations and Standards forHazardous Waste" as published December 13, 1988, in effect

as ofJune 10, 1988, (hereinafter referred to as "IDHW Regulations") and is part ofthe approved program under RCRA: IDHW Regulations, section 16.01.5008, 06 (withtheexception of16.01.5008, 06- Appendix A, which is the counterpart to 40 CFR 264.101). (Copies ofthis regulation and all otherIDHW Regulations, edition dated December 13, 1988. in effect as ofJune 10, 

### 1988, that

are incorporated by reference in this paragraph are available from Idaho Department ofHealth andWelfare. Administrative Procedures Section, 1410 Hilton,Boise, Idaho, 83720).

§§ 272.652-272.699 [Reserved) [FRDoc. 90-28539 Filed 12-5-90; 8:45 amj HILUlNG CODE 6500-5- 

### 50329 Sfl 2fl

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