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, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is amended

as follows:

PART 180-AMENDED]

1. The authority citation for part 160

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. New § 180.1102 is added, to read as

follows:

§ 180.1102 Trlchoderma harzianum, Rifal

Strain KRL-AG2; exemption from the

requirement of a tolerance.

An exemption from the requirement of

a tolerance-is established for residues 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 Filed 12-5-90: 8:45 am]

BILLING COOE 6580-0-F

40 CFR Part 272

[FRL-3866-71

Hazardous Waste Management

Program Codification of Approved

State Hazardous Waste Program for

Idaho

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The Resource Conservation

and Recovery Act of 1976, 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 of the 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 of the Resource

Conservation and Recovery Act of 1976, as amended, (RCRA), 42 U.S.C. 6926 et.

seq., allows the U.S. Environmental

Protection Agency (ERA)to authorize

State hazardous waste programs to

operate in the State in lieu of the 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 of July 7, 1987. Interim

authorization was granted for the

HSWA corrective action provisions

promulgated as of July 7, 1987. Interim

authorization is a temporary

authorization which a state can request

and which is granted if the 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, if a state has not received

final authorization for those provisions.

Since that time, EPA has decided to

codify its approval of State programs in

part 272 of title 40, Code of Federal

Regulations (CFR), and to incorporate

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 action withdrawing this

immediate final rule. All comments on

the Idaho authorized program

codification must be received by the

close of bussiness January 7, 1991. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the 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 its hazardous

waste program.

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

of the Hazardous and Solid Waste Act

Amendments of 1984 (HSWA), Public

Law 98-618. Revisions of State

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 of Federal

Regulations whenever a new or different

set of requirements is authorized in

Idaho, the status of the Federally

approved requirements of the Idaho

hazardous waste program will be

readily discernible.

The Agency will only codify for

enforcement purposes those provisions

of the 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 of July 7, 1987, all other

State HSWA-type requirements

promulgated as of July 7, 1987, all other

State HSWA-type requirements

promulgated since that date are not

authorized and will not be 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 of title 40 of the

CFR. Subpart N has previously been'

reserved for Idaho. 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 of RCRA.

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, the Agency will rely on Federal sanctions, Federal

inspection authorities, and the Federal

Administrative Procedures Act rather

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50323 Federal Register I Vol. 55, No. 235 / Thursday, December 6, 1990 / Rules and Regulations

than the authorized State analog 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 also needs to be aware

that some provisions of the State's

hazardous waste management program

are not part of the Federally authorized

State program. These non-authorized

provisions are not part of RCRA subtitle

C program 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 the Federal program are not

codified for purposes of enforcement in

part 272. Section 272.651(a)(3) of the

intended codification simply lists for

reference and clarity the Idaho statutory

and regulatory provisions which are

"broader in scope" than the Federal

program and which are not, therefore,

part of the authorized program being

codified. "Broader in scope" provisions

will not be enforced by EPA; the State,

however, will continue to enforce such

provisions.

As noted above, the Agency is not

amending part 272 to include any

unauthorized HSWA requirements and

prohibitions that are immediately

effective in Idaho and other States.

Section 3006(g) of RCRA provides that

any requirement or prohibition of

HSWA (including implementing

regulations) takes effect in authorized

States at the same time that it takes

effect in non-authorized States. Thus,

EPA has immediate authority to

implement a HSWA requirement or

prohibition once it is effective. A HSWA

requirement or prohibition supersedes

any less stringent or inconsistent State

provision which may have been

previously authorized by EPA. (See 50

FR 28702, July 15, 1985.) Because of the

vast number of HSWA statutory and,

regulatory requirements taking effect

over the next few years, EPA expects

that many previously authorized and

codified State provisions will be

affected. The States are required to

revise their programs to adopt the

HSWA requirements and prohibitions

by deadlines set forth in 40 CFR 271.21,

and then to seek authorization for those

revisions pursuant to section 271. EPA

expects that the States will be modifying

their programs substantially and

repeatedly. In general, persons wanting

to know whether a HSWA requirement

or prohibition is in effect should refer to

40 CFR 271.1(j), as amended, which lists

each such provision.

The codification of State 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 of Federal enforcement

authority. This will be particularly true

as more State program revisions to

adopt additional HSWA provisions are

authorized.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.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 or upon

small entities. This rule, therefore, does

not require a regulatory flexibility

analysis.

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.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq. 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.

List of Subjects in 40 CFR Part 272

Administrative practice and

procedure, Confidential business

information, Hazardous waste

transportation, Hazardous waste,

Incorporation by reference, 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 set forth in the

preamble, 40 CFR part 272 is revised as

follows:

PART 272-APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS

1. The authority for 40 CFR part 272

continues to read as follows:

Authority: Sec. 2002(a), 3006, and 7004(b) of

the Solid Waste Disposal Act, as amended by

the Resources Conservation and Recovery

Act of 1976, as amended. 42 U.S.C. 6912(a).

6926, and 6974(b).

2. Part 272 is amended by adding

subpart N to read as follows:

Subpart N-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 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 (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 of Health and

Welfare, was approved by EPApursuant to 42 U.S.C. 6926(b) and (g) and

part 271 of this chapter. EPA's approval

of Idaho'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 after July 7,

1987, in lieu of EPA unless EPA has

explicitly indicated its intent to allow.

such action in a Federal Register notice

granting Idaho authorization.

(c) Idaho has primary responsibility

for enforcing its hazardous waste

program. However, EPA retains the

authority to exercise its enforcement

authorities under sections 3007, 3008,

3013, and 7003 of RCRA, 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) of RCRA, 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). If Idaho

obtains final authorization for the

revised requirements pursuant to section

3006(g), the newly authorized provision

will be listed in § 272.651 of this subpart.

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 to EPA 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 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 I CFR part 51.

(i) Statutory authority is vested in the

Stateof 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 (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 of Health 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 of June 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 of June

10, 1988, that are incorporated by

reference in this paragraph are availablc

from Idaho Department of Health and

Welfare, Administrative Procedures

Section, 1410 N. Hilton Boise, Idaho,

83720).

(2) The following statutes although not

codified herein for enforcement

purposes, 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 May 1985 by the Michie Company,

Law Publishers, Charlottesville,

Virginia: I.C. 39-4414 ("Remedies") and

I.C. 39-4415 ("Violations constituting

misdemeanors") 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.

39-4413 ("Enforcement procedures").

(3) The following statutes and

regulations concerning routing of

hazardous waste shipments are

"broader in scope" than the Federal

program, are not codified herein for

enforcement purposes and are not part of the authorized program. The statutes

are as contained in chapter 44

"Hazardous Waste Management",

section 39 of the Idaho Code (I.C.) 1988

Cumulative Pocket Supplement, Volume

7A, published June 1988; 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", published December

13, 1988, in effect as of June 10, 1988.

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 X and Idaho Department of

Health and Welfare signed by the EPA

Regional Administrator on March 26, .1990, is codified as part of the

authorized hazardous waste

management program under Subtitle C

of RCRA 42 U.S.C. 6921 etseq.

(c) Statement of legal authority. (1)

"Attorney General's Statement for Final

Authorization", signed by the Attorney General of Idaho on July 5, 1988; and (2)

Letter by the Attorney General of Idaho

to EPA signed on July 3, 1989, amending and supplementing the July 5, 1988

Attorney General's Statement for Final

Authorization, are codified as part of the

approved hazardous waste management

program under Subtitle C of RCRA, 42

U.S.C. 6921 et seq.

(d) Program description. The Program

Description and any other materials

submitted as part of the original

application or as supplements thereto

are codified as part of the approved

hazardous waste management program

under Subtitle C of RCRA, 42 U.S.C. 6921

et seq.

§ 272.652 State-administered program:

Interim authorization.

Pursuant to section 3006(g) of RCRA

as amended by the HSWA, 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 on April 9, 1990 (see 55 FR 11015,

March 26, 1990).

(a) State Statutes and Regulations. (1)

The requirements in the Idaho statutes

and regulations cited in paragraphs

(a)(1)(i) and (a)(1)(ii) of this section are

incorporated by reference and codified

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.

(i) Statutory authority is vested in the

State of Idaho, Board of Health and

Welfare, by the Hazardous Waste

Management Act of 1983 (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; by The 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 the corrective action

provision for which Idaho received

interim authorization is as contained in

Title 1, chapter 5, "Rules, Regulations and Standards for Hazardous Waste" as

published December 13, 1988, in effect

as of June 10, 1988, (hereinafter referred

to as "IDHW Regulations") and is part of the approved program under RCRA:

IDHW Regulations, section 16.01.5008,

06 (with the exception of 16.01.5008, 06-

Appendix A, which is the counterpart to

40 CFR 264.101). (Copies of this

regulation and all other IDHW

Regulations, edition dated December 13, 1988. in effect as of June 10, 1988, that

are incorporated by reference in this

paragraph are available from Idaho

Department of Health and Welfare.

Administrative Procedures Section, 1410

Hilton, Boise, Idaho, 83720).

§§ 272.652-272.699 [Reserved)

[FR Doc. 90-28539 Filed 12-5-90; 8:45 amj

HILUlNG CODE 6500-5-

50329

Sfl 2fl

HeinOnline -- 55 Fed. Reg. 50329 1990