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

original closing date of June 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, Chemical Emergency Preparedness

and Prevention Office.

[FR Doc. 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 of Title 40 of the Code of

Federal Regulations (CFR) Idaho's

authorized hazardous waste program.

EPA will incorporate by reference into

the CFR those provisions of the 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 because EPA

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. If EPA does not

receive adverse written comments, the

immediate final rule will become

effective and the Agency will not take

further action on this proposal. If EPA

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

at this time.

DATES: Written comments must be

received on or before July 26, 1999.

ADDRESSES: Mail written comments to

Jeff Hunt, 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 of this

Federal Register.

Dated: June 9, 1999.

Chuck Findley,

Acting Regional A dm inistrator, U.S.

Environmental Protection Agency, 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 Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

ACTION: Notice of intent 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 Munisport Landfill

Superfund (Site) in North Miami, Dade

County, Florida, from the NPL and

requests public comment on this action.

The NPL constitutes 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 of the Comprehensive

Environmental Response, Compensation

and Liability Act of 1980 (CERCLA), as

amended. EPA and the Florida

Department of Environmental Protection

(FDEP) have determined that all

appropriate response actions under

CERCLA have been implemented by the

Potentially Responsible Party, the City

of North Miami, and that no further

response actions under CERCLA are

needed. Moreover, EPA and the FDEP

have determined that the remedial

actions conducted at the Site to date are

protective of human health and the

environment, such that further federal

response under CERCLA is not

warranted.

DATES: Comments on the proposed

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 at the

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 by telephone at

(404) 562-8862.

The Deletion Docket and background

information from the regional public

docket is also available for viewing at

the Site information repository located

at Florida 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 of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

EPA, Region IV, announces its intent

to delete the Munisport Landfill

Superfund Site from the NPL (Appendix

B of the NCP), and requests public

comment on this proposed action. EPA

identifies sites that pose a significant

threat to public health, welfare, or the

environment and maintains an

inventory of these sites through the

NPL. Sites on the NPL may be the

subject of remedial actions financed by

the Hazardous Substances Superfund

Response Trust Fund (Fund). Pursuant

to 40 CFR 300.66(c) (8), any site deleted

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elected officials and other

representatives of State, 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 of the low-sulfur diesel fuel

requirements in the State of Alaska.

Accordingly, the requirements of

section 1(a) of Executive Order 12875 do

not apply to this rule.

G. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governm ents

Under Executive Order 13084, EPA

may not issue a regulation 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. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA's

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian 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. EPA has

determined that this final rule imposes

no new federal requirements, but rather

extends an existing temporary

exemption of the low-sulfur diesel fuel

requirements in the State of Alaska.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

H. Executive Order 13045: Children's

Health Protection

"Protection of Children from

Environmental Health Risks and Safety

Risks" (62 FR 19885, April 23, 1997)

applies to any rule 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 of Alaska 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 of the 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 of sulfur in diesel

fuel. EPA has issued an Advanced

Notice of Proposed Rulemaking (64 FR

26142, May 13, 1999) involving the

appropriate level of diesel sulfur

nationwide. This national rulemaking

will include any analysis that is

required under Executive Order 13045.

I. National Technology Transfer and

A dvancement Act of 1995 (NTTAA)

Section 12(d) of the 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 use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 69

Environmental protection, Air

pollution control, Alaska.

Dated: June 18, 1999.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40 chapter I of the Code

of Federal 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) of this section are applicable

only to 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

their hazardous waste management

programs in lieu of the Federal program.

EPA uses part 272 of Title 40 Code of

Federal Regulations (CFR) to provide

notice of the authorization status of

State programs and to incorporate by

reference those provisions of the State

statutes and regulations that are part of

the authorized State program. The

purpose of this action is to codify

Idaho's authorized hazardous waste

program in 40 CFR part 272. This rule

incorporates by reference provisions of

Idaho's hazardous waste statutes and

regulations and clarifies which of these

provisions are authorized and federally

enforceable. Unless adverse written

comments are received, the EPA's

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decision to incorporate by reference

Idaho's authorized hazardous waste

program will take effect as provided

below.

DATES: This incorporation by reference

of the approved state hazardous waste

management program for Idaho will

become effective on August 24, 1999, if

EPA receives no adverse comment.

Should EPA receive such comments,

EPA will withdraw this rule before its

effective date by publishing a notice of

withdrawal in the FR. Any comments

on Idaho's incorporation by reference of

the approved state hazardous waste

management program must be filed by

July 26, 1999.

ADDRESSES: Mail written comments to

Jeff Hunt, 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 of RCRA, 42 U.S.C. 6926

et seq., allows the EPA to authorize

State hazardous waste programs to

operate in the State in lieu of the

Federal hazardous waste program. EPA

provides notice of its authorization of

State programs in 40 CFR part 272 and

incorporates by reference therein the

State statutes and regulations that are a

part of the authorized State program

under RCRA. This effort provides

clearer notice to the public of the scope

of the authorized programs. The

incorporation by reference 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.

Effective February 4, 1991 (55 FR

50327) and subsequently revised

effective August 10, 1992 (57 FR 24757),

EPA incorporated by reference Idaho's

then authorized hazardous waste

program, including all HSWA and nonHSWA Federal requirements

promulgated as of June 30, 1990. The

purpose of today's Federal Register

document is to incorporate by reference

EPA's authorization of Idaho's

subsequent two revisions to that

program. This rule incorporates by

reference provisions of State hazardous

waste statutes and regulations and

clarifies which of these 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 (55 FR 11015). EPA

incorporated by reference the then

authorized hazardous waste program in

Subpart N of 40 CFR part 272. The State

statutes and regulations are

incorporated by reference at Sec.

272.651(a), and the Memorandum of

Agreement, the Attorney General's

Statement and the Program Description

are referenced at 40 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

of Idaho's authorized hazardous waste

program in Subpart N of 40 CFR part

272, to include these revisions.

The Agency retains the authority

under sections 3007, 3008, 3013 and

7003 of RCRA 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) of 40 CFR lists those

enforcement authorities that are part of

the authorized program but are not

incorporated by reference.

The public also needs to be aware that

some provisions of a State's hazardous

waste management program are not part

of the Federally authorized State

program. These nonauthorized

provisions include:

(1) Provisions that are not part of the

RCRA subtitle C program because they

are "broader in scope" than RCRA

subtitle C (see 40 CFR 271.1(i));

(2) Federal 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.

State provisions that are "broader in

scope" than the Federal program are not

part of the RCRA authorized program

and EPA will not enforce them.

Therefore, they are not incorporated by

reference in 40 CFR part 272. For

reference and clarity, section

272.651(a)(3) of 40 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) of RCRA

provides that any HSWA requirement or

prohibition (including implementing

regulations) take effect in authorized

and not authorized States at the same

time. A HSWA requirement or

prohibition supersedes any less

stringent or inconsistent State provision

which may have been previously

authorized by EPA (50 FR 28702, 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

their programs to adopt the HSWA

requirements and prohibitions, and then

to seek authorization for those revisions

pursuant to 40 CFR part 271.

Instead of amending the 40 CFR part

272 every time a new HSWA provision

takes effect under the authority of RCRA

section 3006(g), EPA will wait until the

State receives authorization for its

analog to the new HSWA provision

before amending the State's 40 CFR part

272 incorporation by reference. Until

then, 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.

Some existing State requirements may

be similar to the HSWA requirement

implement by EPA. However, until EPA

authorizes those State requirements,

EPA can only enforce the HSWA

requirements and not the State analogs.

EPA will not codify those State

requirements until the State receives

authorization for those requirements.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104-4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

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

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA 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/or tribal governments in the

aggregate, or the private sector. Today's

action contains no Federal mandates for

State, local or tribal governments or the

private sector because 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

same reason, this action will not result

in annual expenditures of $100 million

or more for State, local, and/or tribal

governments in the aggregate, or the

private sector because 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 a voluntary federal

program.

The requirements of section 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

CFR part 271. Small governments are

not subject to any additional significant

or unique requirements by virtue of this

action.

Certification Under the Regulatory

Flexibility Act

Pursuant to the Regulatory Flexibility

Act (5 U.S.C. 601 et seq., as amended by

the Small Business Regulatory

Enforcement Fairness Act of 1996),

whenever an agency is required to

publish a notice of rulemaking for any

proposed or final rule, it must prepare

and make available for public comment

a regulatory flexibility analysis that

describes the effect of the rule on small

entities (i.e., small businesses, small

organizations, and small governmental

jurisdictions). This analysis is

unnecessary, however, if the agency's

administrator certifies that the rule will

not have a significant economic impact

on a substantial number of small

entities.

The EPA has determined that this

codification will not have a significant

economic impact on a substantial

number of small 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 40 CFR part 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 of small entities.

This codification incorporates Idaho's

requirements which have been

authorized by EPA under 40 CFR part

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 and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., 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 a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives and the Comptroller

General of the United States prior to

publication of the 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 of Management and Budget

has exempted this rule from the

requirements of Executive 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 of Management

and Budget a description of the extent

of EPA's prior consultation with

representatives of affected State, local

and tribal governments, the nature of

their concerns, copies of any 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 of State, 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 or tribal 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 or tribal governmental

entities arise from that program, not

from this today's action. This rule

merely incorporates by reference

existing requirements with which

regulated entities must already comply

under State and Federal law.

Accordingly, the requirements 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 of Management

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 the planned regulation is

preferable to other potentially 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 a regulation 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. If EPA complies

with consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA's

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian 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 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.

National Technology Transfer and

Advancement Act

Section 12(d) of the 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 use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 272

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 of Sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

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

Dated: June 9, 1999.

Chuck Findley,

Acting Regional A dm inistrator, U.S.

Environmental Protection Agency, Region 10.

For the 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 citation 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 of 1976, as amended, 42 U.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: Final Authorization.

(a) Pursuant to section 3006(b) of

RCRA, 42 U.S.C. 6926(b), Idaho has

final authorization for the following

elements as submitted to 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) State statutes and regulations. (1)

The Idaho statutes and regulations cited

in this paragraph are incorporated by

reference as part of the hazardous waste

management program under subtitle C

of RCRA, 42 U.S.C. 6921 et seq.

(i) The 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 State procedures

and enforcement, although not

incorporated by reference, are part of

the authorized State program:

(i) Idaho Code (I.C.) containing the

General Laws of Idaho 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, Chapter 44, "Hazardous

Waste Management", published in 1996

34136

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Federal Register/Vol. 64, No. 122/Friday, June 25, 1999/Rules and Regulations

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 of Idaho 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 of Idaho 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 of Health 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 are broader in

scope than the Federal program, are not

part of the authorized program, and are

not incorporated by reference:

(i) Idaho Code containing the General

Laws of Idaho Annotated, Volume 7A,

Title 39, Chapter 44, "Hazardous Waste

Management", published in 1993 by the

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 of Idaho Annotated,

Volume 7A, Title 39, Chapter 58,

"Hazardous Waste Siting Act",

published in 1993 by the Michie

Company, Law Publishers,

Charlottesville, Virginia: section 39-

5813(3).

(iv) Idaho Department of Health 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)Memorandum ofAgreement. The

Memorandum of Agreement between

EPA Region 10 and the Division of

Environmental Quality, signed by the

EPA Regional Administrator on October

6, 1998, is referenced as part of the

authorized hazardous waste

management program under subtitle C

of RCRA, 42 U.S.C. 6921 et seq.

(5) Statement of Legal Authority.

"Attorney General's Statement for Final

Authorization", signed by the Attorney

General of Idaho on July 5, 1988 and

revisions, supplements and addenda to

that Statement dated July 3, 1989,

February 13, 1992, December 29, 1994,

September 16, 1996, and October 3,

1997 are referenced as part of the

authorized hazardous waste

management program under subtitle C

of RCRA, 42 U.S.C. 6921 et seq.

(6) Program Description. The Program

Description and any other materials

submitted as part of the original

application or as supplements thereto

are referenced as part of the authorized

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

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 of Idaho 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 of Idaho Annotated, Volume 7A,

Title 39, Chapter 58, "Hazardous Waste

Facility Siting Act", published in 1993

by the Michie Company, Law

Publishers, Charlottesville, Virginia:

sections 39-5802; 39-5803; 39-5808;

39-5811; 39-5813(1); and 39-5818(2).

Copies of the Idaho statutes that are

incorporated by reference are available

from Michie Company, Law Publishers,

1 Town Hall Square, Charlottesville, VA

22906-7587.

The regulatory provisions include:

Idaho Department of Health 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 a typographical error

discovered during codification. The reference

to "39 4403(16)" should read "39 4403(17)".

Idaho has subsequently corrected this

typographical error in the 1998 Idaho Code

and will submit the corrected version in the

next authorization package.

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

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 51

[CC Docket No. 98-147]

Deployment of Wireline Services

Offering Advanced

Telecommunications Capability;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document corrects the

announcement of effective date of a

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 FR 23229

(April 30, 1999) are effective June 1,

1999.

FOR FURTHER 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 Carrier Bureau's

TTY number: 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.

Office ofthe Federal Register

Washington, DC 20408

•

•

Mr. Chuck Clarke

Regional Administrator

Region 10

U.S. Environmental Protection Agency

1200 Sixth Avenue

Seattle, WA 98101

Dear Mr. Clarke:

I approve the following material for incorporation by reference in 40 CFR 272:

EPA Approved Idaho Statutory and Regulatory Requirements Applicable to the

Hazardous Waste Management Program, dated April 1999.

The approval to incorporate by reference these statutes and regulations is effective on the effective

date of your 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 the Federal Register, and amend the Code ofFederal

Regulations.

2. Ensure that a copy of that edition, in a new binder with a revision date on the cover page, is on

file at the Office of the Federal Register 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 this incorporation by reference, please call our Legal Staff on

202-275-4292 .

National Archives and Records Administration
e·

•

•

June 4, 1999

Martha Girard

Director

Office of Federal Register

800 North Capitol Street, N.W., suite 700

Washington, DC

Dear Ms. Girard:

Enclosed is a package containing a Federal Register notice to incorporate by reference approval

of the RCRA hazardous waste program of the State of Idaho. Also enclosed is a copy of the

material to be incorporated by reference. Our office requests that the Director incorporate by

reference the enclosed statutes and regulations ofthe State of Idaho into 40 CFR § 272.651. This

incorporation by reference will substantially reduce the volume of material that will need to be

published in the Federal Register.

These materials are available to the public and copies may be inspected at the U.S. EPA Region

10 Library, 1200 Sixth Avenue, Seattle, Washington 98101, the EPA Hazardous Waste Division

Docket at 401 M Street, SW, Washington, DC 20460, the Office of Federal Register, 800 North

Capitol Street, NW, Suite 700, Washington, DC.

Any questions or comments regarding this.incorporation by reference should be addressed to Jeff

Hunt, EPA Region 10, at phone number (206) 553-0256.

Sincerely yours,

Chuck wi Clarke

Regional Administrator,

1200 Sixth Avenue

Seattle, WA 98101

Enclosures