### Federal Register/Vol. 64, No. 122/Friday, June 25, 1999/Proposed Rules

original closing date ofJune 28, 1999 to July 28, 1999. ADDRESSES: Comments on the proposed rule should be mailed or submitted to: Environmental Protection Agency, Air Docket (6102),Attn: Docket No. A-99- 18, Waterside Mall, 401 M St. SW, Washington, DC 20460. Comments must be submitted in duplicate. Comments may be submitted on disk in WordPerfect or Word formats. FOR FURTHER INFORMATION CONTACT: James Belke, Chemical Engineer, Chemical Emergency Preparedness and Prevention Office, Environmental Protection Agency, 401 M St. SW (5104),Washington, DC 20460, (202) 260-7314.

Dated: June 18, 1999. Jim Makris, Director, ChemicalEmergencyPreparedness andPreventionOffice. [FRDoc. 99 16236 Filed 6 24 99; 8:45 am]

BILLING CODE 6560-50-P



### ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 272 [FRL-6364-1]

Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: The EPA proposes to codify in part 272 ofTitle 40 ofthe Code of Federal Regulations (CFR) Idaho's authorized hazardous waste program. EPA will incorporate by reference into the CFR those provisions ofthe State statutes and regulations that are authorized and federally enforceable. In the "Rules and Regulations" section of this Federal Register, the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule without prior proposal becauseEPA views this action as noncontroversial and anticipates no adverse comments. The Agency has explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. IfEPA does not receive adverse written comments, the immediate final rule will become effective and the Agency will not take further action on this proposal. IfEPA receives adverse written comments, EPA will withdraw the immediate final rule and it will not take effect. EPA will then address public comments in a later final rule based on this proposal. EPA may not provide further opportunity for
comment. Any parties interested in commenting on this action must do so atthis time. DATES: Written comments must be received on or before July 26, 1999. ADDRESSES: Mail written comments to JeffHunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone number (206) 553- 0256. SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the "Rules and Regulations" section ofthis Federal Register.

Dated: June 9, 1999. Chuck Findley, ActingRegionalAdministrator,U.S. Environmental ProtectionAgency, Region 10. [FR Doc. 99 16089 Filed 6 24 99; 8:45 am]

BILLING CODE 6560-50-P



### ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 300 [FRL-6365-6]

National Oiland Hazardous Substances PollutionContingency Plan; National Priorities ListUpdate

ACTION: Notice ofintent to delete the Munisport Landfill Superfund Site from the National Priorities List (NPL); request for comments.

SUMMARY: EPA, Region IV, announces its intent to delete the MunisportLandfill Superfund (Site) in North Miami, Dade County, Florida, from the NPL and requests public comment on this action. The NPLconstitutes Appendix B, 40 CFR Part 300;the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) promulgated by the United States Environmental Protection Agency (EPA)pursuant to Section 105 ofthe Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended. EPA and the Florida Department ofEnvironmental Protection (FDEP) have determined that all appropriate response actions under CERCLA have been implemented by the Potentially Responsible Party, the City ofNorth Miami, and that no further response actions under CERCLA are needed. Moreover, EPA and the FDEP have determined that the remedial actions conducted atthe Site to date are protective ofhuman health and the environment, such that further federal response under CERCLA is not warranted. DATES: Comments on theproposed deletion from the NPL should be submitted on or before July 26, 1999. ADDRESSES: Comments may be mailed
to: Kevin S. Misenheimer, Remedial Project Manager, South Site Management Branch, Waste Management Division, U.S. Environmental Protection Agency, Region IV, 61 Forsyth St., SW, Atlanta, Georgia 30303.

Comprehensive information on this Site is available through the EPA, Region IV, public docket located atthe regional office. The deletion docket is available for viewing, by appointment, from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays. Requests for appointments or copies of the background information from the EPA regional office should be directed
to Debbie Jourdan, EPA, Region IV, docket office at 61 Forsyth St, SW, Atlanta, Georgia 30303. Ms. Jourdan may also be contacted bytelephone at (404) 562-8862. The Deletion Docket and background information from the regional public docket is also available forviewing at the Site information repository located
atFlorida International University, North Campus Library, 3000 NE 145th St, North Miami, FL 33181-3601. Appointments can be scheduled to review the documents locally by contacting the library at (305) 919-5726. FOR FURTHER INFORMATION CONTACT: Kevin S. Misenheimer, Remedial Project Manager, EPA, Region IV, 61 Forsyth St. SW, Atlanta, Georgia 30303, (404)562- 8922. SUPPLEMENTARY INFORMATION:
Table ofContents I.Introduction II.NPL Deletion Criteria III. Deletion Procedures IV.Basis forIntended Site Deletion


### I.Introduction

EPA, Region IV, announces its intent
to delete the Munisport Landfill Superfund Site from the NPL (Appendix 

### BoftheNCP), and requests public
comment on thisproposed action. EPA identifies sites that pose a significant threat to public health, welfare, or the environment and maintains an inventory ofthese sites through the NPL. Sites on the NPL may be the subject ofremedial actions financed by the Hazardous Substances Superfund Response Trust Fund (Fund).Pursuant
to 40CFR 300.66(c) (8), any site deleted 

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elected officials and other representatives ofState, local and tribal governments "to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates."

Today's rule does not create a mandate on State, local or tribal governments. The rule does not impose any enforceable duties on these entities. It only extends an existing temporary exemption ofthe low-sulfur diesel fuel requirements in the State ofAlaska. Accordingly, the requirements of section 1(a) ofExecutive Order 12875 do not apply to thisrule.

G.Executive Order13084:Consultation and CoordinationWith IndianTribal Governments

Under Executive Order 13084, EPA may not issue aregulation that is not required by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance
costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those governments. IfEPA complies by consulting, Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section ofthe preamble to the rule, a description ofthe extent ofEPA's prior consultation with representatives ofaffected tribal governments, a summary ofthe nature oftheir concerns, and a statement supporting the need to issue theregulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected officials and other representatives ofIndian tribal governments "to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities."

Today's rule does not significantly or uniquely affect the communities of Indian tribal governments. EPAhas determined that this final rule imposes

no new federal requirements, but rather extends an existing temporary exemption ofthe low-sulfur diesel fuel requirements in the State ofAlaska. Accordingly, the requirements of section 3(b) ofExecutive Order 13084 do not apply to thisrule.

H. Executive Order13045: Children's HealthProtection
"Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997) applies to anyrule that: (1) Is determined to be "economically significant" as defined under E.O. 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

This State ofAlaska Petition from Exemption from Diesel Fuel Sulfur Requirements rule is not subject to the Executive Order because it is not economically significant as defined in E.O. 12866, and because in the circumstances present in this rulemaking, the analysis required under section 5-501 ofthe Order would not have the potential to influence the regulation. The decision to extend the exemption in this rulemaking is based primarily on factors other than health and safety, because those factors will be addressed separately in a related national rulemaking that will address the appropriate level ofsulfurin diesel fuel. EPA has issued an Advanced Notice ofProposed Rulemaking (64 FR 26142, May 13, 1999) involving the appropriate level ofdiesel sulfur nationwide. This national rulemaking will include any analysis that is required under Executive Order 13045.

I.NationalTechnology Transferand AdvancementAct of1995(NTTAA)
Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (NTTAA),Pub L.No. 104- 113, section 12(d) (15 U.S.C. 272 note) directs 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 standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.

This action does not involve technical standards. Therefore, EPA did not consider the useofany voluntary

consensus standards.
Listof Subjects in 40 CFRPart69

Environmental protection, Air pollution control, Alaska. Dated:June 18, 1999. CarolM.Browner, Administrator.

For the reasons set out in the preamble, title 40chapter Iofthe Code ofFederal Regulations is amended as follows:

PART 69-SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT

1. The authority citation for part 69 continues to read as follows:

Authority: 42 U.S.C. 7545(1) and (g), 7625 1. 

### Subpart E-[Amended]

2. Section 69.51 is amended by revising paragraph (c) to read as follows:
§69.51 Exemptions.

(c) Beginning January 1, 2004, the exemptions provided in paragraphs (a) and (b) ofthis section are applicable onlyto fuel used in those areas of Alaska that are not served by the Federal Aid Highway System. [FR Doc. 99 16228 Filed 6 24 99; 8:45 am]
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272 [FRL-6364-2]

Idaho: Incorporation by Reference of Approved State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate final rule.

SUMMARY: Under the Resource Conservation and Recovery Act of 1976,

as amended (RCRA), the EPA may grant States Final Authorization to operate theirhazardous wastemanagement programs in lieu ofthe Federal program. EPA uses part 272 ofTitle 40 Code of Federal Regulations (CFR) to provide notice ofthe authorization status of Stateprograms and to incorporate by reference those provisions ofthe State
statutes and regulations that arepart of the authorized State program. The purpose ofthis action is to codify Idaho's authorized hazardous waste program in 40 CFRpart 272. This rule incorporates by reference provisions of Idaho's hazardous waste statutes and regulations and clarifies which ofthese provisions are authorized and federally enforceable. Unless adverse written
comments arereceived, the EPA's

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decision to incorporate by reference Idaho's authorized hazardous waste program will take effect asprovided below. DATES: This incorporation byreference ofthe approved state hazardous waste management program for Idaho will become effective on August 24, 1999, if EPA receives no adverse comment. Should EPAreceive such comments, EPA will withdraw this rule before its effective dateby publishing a notice of withdrawal in the FR. Any comments

on Idaho's incorporation byreference of the approved state hazardous waste management program must be filed by July 26, 1999. ADDRESSES: Mail written comments to JeffHunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone number (206) 553- 0256.
SUPPLEMENTARY INFORMATION:

A. Background

Section 3006 ofRCRA, 42 U.S.C. 6926
etseq., allows the EPA to authorize State hazardous waste programs to operate in the State in lieu ofthe Federal hazardous waste program. EPA provides notice ofits authorization of State programs in 40 CFRpart 272 and incorporates by reference therein the State statutes and regulations that are a part ofthe authorized State program under RCRA. This effort provides clearer notice to the public ofthe scope ofthe authorized programs. The incorporation by reference 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.

Effective February 4, 1991 (55 FR 50327) and subsequently revised effective August 10, 1992 (57 FR24757), EPA incorporated byreference Idaho's then authorized hazardous waste program, including all HSWA and nonHSWA Federal requirements promulgated as ofJune 30, 1990. The purpose oftoday's Federal Register document is to incorporate byreference EPA's authorization ofIdaho's subsequent two revisions to that program. This rule incorporates by reference provisions ofState hazardous waste statutes and regulations and clarifies which ofthese provisions are included in the authorized and Federally enforceable program. B. Idaho Authorized Hazardous Waste Program

Idaho received Final Authorization for its RCRA hazardous waste base program on March 26, 1990, effective April 9, 1990 (55FR 11015). EPA incorporated byreference the then authorized hazardous waste program in Subpart N of40 CFRpart 272. The State
statutes and regulations are incorporated byreference at Sec. 272.651(a), and the Memorandum of Agreement, the Attorney General's Statement and the Program Description

arereferenced at40 CFR 272.65 1(b), 272.651(c) and 272.651(d), respectively. Since the most recent codification, Idaho has received authorization for revisions to its program on April 12, 1995, effective June 11, 1995 (60 FR 18549) and on October 21, 1998, effective January 19, 1999 (63 FR 56086). In this document EPA is revising the incorporation by reference ofIdaho's authorized hazardous waste program in Subpart N of40 CFRpart 272, to include these revisions.

The Agency retains the authority under sections 3007, 3008, 3013 and 7003 ofRCRA to undertake enforcement actions in authorized States. With respect to such an enforcement action, the Agency will rely on Federal sanctions, Federal inspection authorities, and the Federal Administrative Procedure Act rather than the authorized State analogues to these requirements. Therefore, the Agency does not intend to incorporate by reference for purposes of enforcement such particular, authorized Idaho enforcement authorities. Section 272.651(a)(1) of40 CFR lists those enforcement authorities that are part of the authorized program but are not incorporated byreference.

The public also needs to be aware that

someprovisions ofa State's hazardous
waste management program arenot part ofthe Federally authorized State program. These nonauthorized provisions include: (1) Provisions that are not part ofthe RCRA subtitle C program because they

are "broader in scope" than RCRA subtitle C (see40 CFR 271.1(i));

(2) Federal provisions which the State incorporated into its regulations when the State adopted Federal regulations by reference, but for which the State is not authorized;

(3) Unauthorized amendments to authorized State provisions.

Stateprovisions that are "broader in scope" than the Federal program are not part ofthe RCRA authorized program and EPA will not enforce them. Therefore, they are not incorporated by reference in 40CFRpart 272. For reference and clarity, section 272.651(a)(3) of40 CFR lists the Idaho statutory and regulatory provisions which are "broader in scope" than the Federal program. Although EPA will not enforce these provisions, the State may enforce them under State law.
C. HSWA Provisions

The Agency is not amending 40 CFR part 272 to include HSWA requirements and prohibitions that are implemented by EPA. Section 3006(g) ofRCRA provides that any HSWA requirement or prohibition (including implementing regulations) take effect in authorized and not authorized States atthe same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by EPA (50 FR28702, July 15, 1985). EPA has the authority to implement HSWA requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise theirprograms to adopt the HSWA requirements and prohibitions, and then
to seek authorization for those revisions pursuant to 40 CFRpart 271.

Instead ofamending the 40 CFRpart 272 every time a new HSWA provision takes effect under the authority ofRCRA section 3006(g), EPA will wait until the Statereceives authorization for its analog to the new HSWA provision before amending the State's 40CFRpart 272 incorporation by reference. Until then, persons wanting to know whether

a HSWArequirement orprohibition is in effect should refer to 40 CFR 271.1(j),

as amended, which lists each such provision. Some existing State requirements may be similar to the HSWA requirement implement byEPA. However, until EPA authorizes those Staterequirements, EPA can only enforce the HSWA requirements and not the State analogs. EPA will not codify those State requirements until the Statereceives authorization for those requirements.
Unfunded Mandates Reform Act

Title II ofthe Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requirements for Federal agencies to assess the effects of theirregulatory actions on State, local, and tribal governments and the private
sector. Under section 202 ofthe UMRA, EPA generally mustprepare awritten statement, including a cost-benefit analysis, for proposed and final rules with "Federal mandates" that may result in expenditures to State, local, 

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and tribal governments, in the aggregate,

or to the private sector, of$100 million

or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 ofthe UMRA generally requires EPA to identify and consider areasonable number ofregulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives oftherule. The provisions ofsection 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allowsEPA to adopt an alternative other than the least costly, most cost-effective

or least burdensome alternative ifthe Administrator publishes with the final rule an explanation why that alternative

was not adopted. Before EPA establishes anyregulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it musthave developed under section 203 ofthe UMRA a small government agency plan. The plan must provide for notifyingpotentially affected small governments, enabling officials ofaffected small governments to have meaningful and timely input in the development ofEPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements.

The section 202 and 205 requirements do not apply to today's action because it is not a "Federal mandate" and because it does not impose annual costs of$100 million or more for State, local and/ortribal governments in the aggregate, or theprivate sector. Today's action contains noFederal mandates for State, local or tribal governments or the private sectorbecause it does not impose new or additional enforceable duties on any State, local or tribal governments or the private sector. This rule merely incorporates by reference existing requirements with which regulated entities must already comply under State and Federal law. For this

samereason, this action will notresult in annual expenditures of$100 million

or more for State, local, and/or tribal governments in the aggregate, or the private sectorbecause it incorporates by reference an existing State program that EPA previously authorized. Costs to the State, local and/or tribal governments, and to regulated entities already exist under the authorized program. Further,

as it applies to the State, this action does not impose a Federal intergovernmental mandate because UMRA does not include duties arising from participation in avoluntary federal program.

The requirements ofsection 203 of UMRA also do not apply to today's action because it contains no regulatory requirements that might significantly or uniquely affect small governments. Although small governments may be hazardous waste generators, transporters, or own and/or operate treatment, storage, and disposal facilities, this codification incorporates into the CFR Idaho's requirements which EPA already authorized under 40 CFRpart 271. Small governments are not subject to any additional significant

or unique requirements byvirtue ofthis action. 

### CertificationUnderthe Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 etseq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996), whenever an agency is required to publish anotice ofrulemaking for any proposed orfinal rule, it mustprepare and make available for public comment

aregulatory flexibility analysis that describes the effect ofthe rule on small entities (i.e., smallbusinesses, small organizations, and small governmental jurisdictions). This analysis is unnecessary, however, ifthe agency's administrator certifies that therule will not have a significant economic impact

on a substantial number ofsmall entities.

The EPAhas determined that this codification will not have a significant economic impact on a substantial number ofsmall entities. Such small entities which are hazardous waste generators, transporters, or which own and/or operate treatment, storage, or disposal facilities are already subject to the State requirements authorized by EPA under 40CFRpart 271. The EPA's codification does not impose any additional burdens on these small entities.

Pursuant to the provision at 5 U.S.C. 605(b),the Agency hereby certifies that this codification will not have a significant economic impact on a substantial number ofsmall entities. This codification incorporates Idaho's requirements which have been authorized by EPA under 40 CFRpart 271 into the CFR. It does not impose any
new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis. 

### Submission to Congress andthe ComptrollerGeneral

The Congressional Review Act, 5 U.S.C. 801 etseq., as added 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 arule report, which includes a copy ofthe rule,to each House ofthe Congress and to the Comptroller General ofthe United States. The EPA will submit areport containing this rule and otherrequired information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe United States prior to publication ofthe rule in today's Federal Register. This rule is not a "major rule" as defined by 5 U.S.C. 804(2). 

### Compliance With Executive Order 12866

The Office ofManagement and Budget 

### has exempted this rulefrom the requirements ofExecutive Order 12866. 

### Compliance With Executive Order 12875

Under Executive Order 12875, EPA may not issue a regulation that is not required by statute and that creates a mandate upon a State, local or tribal government, unless the Federal government provides the funds necessary to pay the direct compliance
costs incurred by those governments, or EPA consults with those governments. If EPA complies with consulting, Executive Order 12875 requires EPA to provide to the Office ofManagement and Budget a description ofthe extent ofEPA's prior consultation with representatives ofaffected State, local and tribal governments, the nature of theirconcerns, copies ofany written communications from the governments, and a statement supporting the need to issue the regulation. In addition, Executive Order 12875 requires EPA to develop an effective process permitting elected officials and other representatives ofState, local and tribal governments "to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates."

This rule does not create a mandate

on State, local ortribal governments. The rule does not impose any enforceable duties on these entities. The State administers its hazardous waste program voluntarily, and any duties on other State, local ortribal governmental entities arise from that program, not from this today's action. This rule merely incorporates by reference existingrequirements with which regulated entities must already comply under State and Federal law. Accordingly, therequirements of

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Executive Order 12875 do not apply to this rule. Compliance With Executive Order 13045

Executive Order 13045, "Protection of Children from Environmental Health Risks and Safety Risks," applies to any rule that: (1) The Office ofManagement and Budget determines is "economically significant" as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children and explain why theplanned regulation is preferable to otherpotentially effective and reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045 because it is not an economically significant rule as defined by E.O. 12866, and because it does not involve decisions based on environmental health or safety risks. Compliance With Executive Order 13084

Under Executive Order 13084, EPA may not issue aregulation that is not required by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments, or EPA consults with those governments. IfEPA complies with consulting,Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section ofthe preamble to the rule, a description ofthe extent ofEPA's prior consultation with representatives ofaffected tribal governments, a summary ofthe nature oftheir concerns, and a statement supporting the need to issue theregulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected officials and other representatives ofIndian tribal governments "to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities."

This rule is not subject to E.O. 13084 because it does not significantly or uniquely affects the communities of Indian tribal governments. Idaho is not authorized to implement the RCRA hazardous waste program in Indian country. This action has no effect on the hazardous waste program that EPA implements in the Indian country within the State. 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.

National Technology Transferand Advancement Act

Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Pub L.No. 104-113, § 12(d) (15 U.S.C. 272 note) directs 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 standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.

This action does not involve technical standards. Therefore, EPA did not consider the useofany voluntary

consensus standards.

Listof Subjects in 40 CFRPart272

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

Authority: This rule is issued under the authority ofSections 2002(a), 3006 and 7004(b) oftheSolid Waste DisposalAct as amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: June 9, 1999. Chuck Findley, ActingRegionalAdministrator, U.S. Environmental ProtectionAgency,Region 10.

For the reasons set forth in the preamble, 40CFRpart 272 is amended

as follows: 

### PART272-APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

1. The authority citation for part 272 continues to read as follows:

Authority: Sections 2002(a), 3006, and 7004(b)oftheSolid Waste DisposalAct, as amended by the Resource Conservation and RecoveryAct of 1976, as amended, 42U.S.C. 6912(a), 6926, and 6974(b). 

### Subpart N-[Amended] 

### §272.650 [Amended]

2. Section 272.650 is removed and reserved.

3. Section 272.651 is revised to read

as follows: 

### §272.651 Idaho State-Administered Program: FinalAuthorization.

(a) Pursuant to section 3006(b) of 

### RCRA, 42 U.S.C. 6926(b), Idahohas final authorization for the following elements as submitted to EPA in Idaho's base program application for final authorization which was approved by EPA effective on April 9, 1990. Subsequent program revision applications were approved effective on June 5, 1992, August 10, 1992, June 11, 1995, and January 19, 1999.

(b) Statestatutesandregulations.(1) The Idaho statutes and regulations cited in thisparagraph are incorporated by reference as part ofthe hazardous waste management program under subtitle C ofRCRA, 42U.S.C. 6921 etseq.

(i) The EPA Approved Idaho Statutory Requirements Applicable to the Hazardous Waste Management Program, dated April 1999.

(ii) The EPA Approved Idaho Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated April 1999.

(2) The following statutes and regulations concerning Stateprocedures and enforcement, although not incorporated byreference, arepart of the authorized State program:

(i) Idaho Code (I.C.) containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter 44, "Hazardous Waste Management", published in 1993 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 39- 

### 4404; 39-4405 (except 39-4405(8)); 39- 4406; 39-4407; 39-4408(4); 39-4409(2) (except first sentence); 39-4409(3); 39- 4409(4) (first sentence); 39-4410; 39- 4412 through 39-4416; 39-4418; 39- 

### 4419; 39-4421; 39-4422; and 39- 4423(3) (a)&(b). (ii) 1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, Title 39, Chapter44, "Hazardous Waste Management", published in 1996 

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by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 39-4411(1); 39-4411(3); and 39-4411(6).

(iii) Idaho Code (I.C.) containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter 58, "Hazardous Waste Facility Siting Act", published in 1993 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 39- 5804; 39-5809; 39-5810; 39-5813(2); 39-5814; 39-5816; 39-5817; and 39- 5818(1).

(iv) Idaho Code (I.C.) containing the General Laws ofIdaho Annotated, Volume 2, Title 9, Chapter 3, "Public Writings", published in 1990 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 9- 337(10); 9-337(11); 9-338; 9-339; and 9-344(2).

(v) 1994 Cumulative Pocket Supplement to the Idaho Code (I.C.), Volume 2, Title 9, Chapter 3, "Public Writing", published in 1994 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 9-340 and 9-343.

(vi) Idaho Department ofHealth and Welfare Rules and Regulations, Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, "Rules and Standards for Hazardous Waste", as published on July 1, 1997: sections 16.01.05.000; 16.01.05.356.02 through 16.01.05.356.05; 16.01.05.800; 16.01.05.850; 16.01.05.996; 16.01.05.997; and 16.01.05.999.

(3) The following statutory and regulatory provisions arebroader in scope than the Federal program, are not part ofthe authorized program, and are not incorporated by reference:

(i) Idaho Code containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter 44, "Hazardous Waste Management", published in 1993 bythe Michie Company, Law Publishers, Charlottesville, Virginia: sections 39- 

### 4428 and 39-4429.

(ii) 1996 Cumulative Pocket Supplement to the Idaho Code, Volume 7A, Title 39, Chapter 44, "Hazardous Waste Management", published in 1994 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 39-4403 (6)&(14) and 39-4427.

(iii) Idaho Code containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter 58, "Hazardous Waste SitingAct", published in 1993 by the Michie Company, Law Publishers, Charlottesville, Virginia: section 39- 5813(3).

(iv) Idaho Department ofHealth and Welfare Rules and Regulations, Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, "Rules and Standards for Hazardous Waste", as published on July 1, 1997: sections 16.01.05.355; and 16.01.05.500.

(4)MemorandumofAgreement.The Memorandum ofAgreement between EPA Region 10 and the Division of Environmental Quality, signed bythe EPA Regional Administrator on October 6, 1998, is referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 42U.S.C. 6921 etseq. (5) StatementofLegalAuthority. "Attorney General's Statement for Final Authorization", signed bythe Attorney General ofIdaho 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, and October 3, 1997 are referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 42U.S.C. 6921 etseq. (6) ProgramDescription.The Program Description and any other materials submitted aspart ofthe original application or as supplements thereto

arereferenced aspart ofthe authorized hazardous waste management program under subtitle CofRCRA, 42 U.S.C. 6921 etseq.

4. Appendix A to part 272, State Requirements, is amended by adding in alphabetical order the listing for "Idaho" to read as follows:

Idaho

The statutory provisions include: Idaho Code containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter 44, "Hazardous Waste Management", 1993: sections 39-4402; 39-4408 (1)-(3); 39-4409(1) (except fourth and fifth sentences); 39-4409(2) (first sentence); 39-4409(4) (except first sentence); 39-4409(5); 39-4409(6); 39- 4409(7); 39-4409(8); 39-4423 (except 39-4423(3)(a)&(b)); and 39-4424.

1996 Cumulative Pocket Supplement
to the Idaho Code, Volume 7A, Title 39, Chapter 44, "Hazardous Waste Management", 1996: sections 39-4403 (except 39-4403 (6)&(14)); 39-4411(2); 39-4411(4); and 39-4411(5).

Idaho Code containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter 58, "Hazardous Waste Facility SitingAct", published in 1993 by the Michie Company, Law Publishers, Charlottesville, Virginia: sections 39-5802; 39-5803; 39-5808; 39-5811; 39-5813(1); and 39-5818(2).

Copies ofthe Idaho statutes that are incorporated byreference are available from Michie Company, Law Publishers, 1 Town Hall Square, Charlottesville, VA 22906-7587.

The regulatory provisions include: Idaho Department ofHealth and Welfare Rules and Regulations, Idaho Administrative Code, IDAPA 16, Title 1, Chapter 5, "Rules and Standards for Hazardous Waste", as published on July 1, 1997: sections 16.01.05.001; 16.01.05.002; 16.01.05.003; 16.01.05.004; 16.01.05.005; 16.01.05.006; 16.01.05.007; 16.01.05.008; 16.01.05.009; 16.01.05.010; 16.01.05.011; 16.01.05.012; 16.01.05.013; 16.01.05.014; 16.01.05.015; 16.01.05.016; 16.01.05.356.01; and 16.01.05.998.

Note:The 1997 Idaho Code, section 16.01.05.011, contains atypographical error discovered duringcodification. The reference to "39 4403(16)" should read "39 4403(17)". Idahohas subsequently corrected this typographical error inthe 1998 Idaho Code andwill submit the corrected version inthe next authorization package.

[FR Doc. 99 16088 Filed 6 24 99; 8:45 am]

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMISSION

47CFR Part 51 [CC Docket No. 98-147]
Deployment ofWireline Services Offering Advanced Telecommunications Capability; Correction
AGENCY: Federal Communications Commission. ACTION:Final rule; correction.

SUMMARY: This document corrects the
announcement ofeffective date ofa final rule relating to local competition published in the Federal Register on June 2, 1999. EFECTIVE DATE:The amendment to 47 CFR51.321 (f) and (h) and 51.323 (b) and (i)(3) published at 64 FR23229 (April 30, 1999) are effective June 1, 1999. FORFURTHER INFORMATION CONTACT: Staci Pies, Attorney, Common Carrier Bureau, Policy and Program Planning Division, (202)418-1580 or via the Internet at spiesofcc.gov. Further information may also be obtained by calling the Common CarrierBureau's TTYnumber: 202-418-0484. SUPPLEMENTARY INFORMATION: Background

The Commission amended its rules relating to local competition. See 63 FR 

## 34137

HeinOnline -- 64 Fed. Reg. 34137 1999

## June 16, 1999. 

# OfficeoftheFederalRegister Washington, DC20408



# •

• Mr. Chuck Clarke Regional Administrator Region 10 U.S. Environmental ProtectionAgency 1200 Sixth Avenue Seattle, WA 98101

Dear Mr. Clarke:
I approve the following material for incorporationby reference in 40CFR272:

EPA Approved Idaho Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated April 1999.

The approval toincorporateby reference thesestatutes and regulations is effective on the effective dateofyour final rule.

If

## you wish to enforce some other edition of the statutes and regulations approved, you must:
1. Publish notice of the change in theFederal Register, and amend the Codeof Federal Regulations.
2. Ensure that a copyofthat edition, in a new binder with a revision date on thecoverpage, is on file at the Office of theFederalRegister and at a location at EPA in the Washington, DC area.
3. Notify me in writing of the change.

If

## you have any questions concerning thisincorporationbyreference, please call our Legal Staff on 202-275-4292 .

NationalArchives andRecordsAdministration

# e·



# •

• June 4, 1999

MarthaGirard Director Office of Federal Register 800 North Capitol Street, N.W., suite 700 Washington, DC

DearMs. Girard:

Enclosedis apackagecontainingaFederalRegisternoticetoincorporatebyreference approval of theRCRAhazardous waste programof the State of Idaho. Also enclosedis a copy of the material to beincorporatedbyreference. Ouroffice requeststhattheDirectorincorporateby reference theenclosedstatutes andregulations ofthe State of Idaho into 40 CFR § 

## 272.651. This incorporationbyreferencewill substantiallyreducethe volume ofmaterialthat will need to be publishedin theFederalRegister.

These materials areavailableto the public andcopies may beinspectedat the U.S. EPA Region 10 Library, 1200SixthAvenue, Seattle,Washington98101,the EPA HazardousWasteDivision Docketat 401 MStreet, SW, Washington, DC 20460, the OfficeofFederalRegister, 800 North Capitol Street, NW, Suite700, Washington, DC.

Anyquestions orcommentsregardingthis.incorporationbyreference shouldbe addressedtoJeff Hunt, EPA Region 10, atphonenumber(206) 553-0256.

Sincerelyyours, 

# wi

ChuckClarke RegionalAdministrator, 1200SixthAvenue Seattle, WA 98101

Enclosures