Federal Register / Vol. 60, No. 70 / Wednesday, April' 12, 1995 / Rules and Regulations 18549

materially altering the budgetary

impacts of entitlement, grants, user. fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President's priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not "significant" and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Parts 180,

185, and 186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: March 31, 1995.

Susan Lewis,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, chapter I of title 40 of the

Code of Federal Regulations is amended

as follows:

PART 180-[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

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

b. In § 180.472, by amending

paragraph (a) in the table therein by

adding and alphabetically inserting the

following commodities, to read as

follows:

§ 180.472 1-[(6-Chloro-3-pyrldinyl) methyl]-

N-nitro-2-imidazolldinimine; tolerances for.

residues.

(a)* * *

Commodity Parts per million

Brassica vegetables crop group

Fruiting vegetables crop group

Grapes ....... .........

Lettuce, head and leaf ..............

1.0

Commodity Parts per million

PART 185--[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. In § 185.900, by designating the

existing text as paragraph (a.) and adding

new paragraph (b), to read as follows:

§ 185.900 1-[(6-Chloro-3-pryridinyl)

methyl]-N-nltro-2-lmldazolidlnimlne;

tolerances for residues.

(b) A food additive regulation is

established premitting residues of the

insecticide 1-[(6-chloro-3-

pyridinyl)methyl]-N-nitro-2-

imidazolidimine in or on the following

food commodities:

Part per mil- Food lion

Grape, juice .............................. 1.5

Grape, raisin ............................. 1.5

Tomato, paste ........................... 6.0

Tomato, puree .......................... 3.0

PART 186---[AMENDED]

3. In part 186: a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. In § 186.900, by adding new

paragraph (c), to read as follows:

§ 186.900 1-[(6-Chloro-3-pyrlflnyl)methyl]-

N-nitro-2 imidazolidlnimlne; tolerances for

residues.

(c) A feed additive regulation is

established premitting residues of the

insecticide 1-[(6-chloro-3-

pyridinyl)methyl]-N-2-

imidazolidinimine in or on the

following feed commodities resulting

from application of the insecticide to

tomato and grapes:

Feed Part per mil- lion

Grape, pomace (wet or dried) 5.0

Grape, raisin waste ................... 15.0

Tomato, pomace (wet or dried) 4.0

. [FR Doc. 95-8733 Filed 4-11-95; 8:45 am)

3.5 BILUNG CODE 6560-60-F

40 CFR Part 271

[FRL-6185-3]

Idaho; Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Idaho has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA).

The Environmental Protection Agency

(EPA) has reviewed Idaho's application

and has made a decision, subject to

public review and comment, that

Idaho's hazardous waste program

revision satisfies all of the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve Idaho's hazardous waste

program revisions. Idaho's application

for program revision is available for

public review and comment.

DATES: Final authorization for Idaho

shall be effective June 11, 1995 unless

EPA publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Idaho's program

revision application must be received by

the close of business May 12, 1995.

ADDRESSES: Copies.of Idaho's program

revision application are available

Monday through Friday, 8 a.m. to 5

p.m., at the following addresses for

inspection and copying: Idaho

Department of Health and Welfare,

Division of Environmental Quality,

Technical Services Bureau, 1410 N.

Hilton, Boise, Idaho 83706-1290;

phone: (208) 334-5898; USEPA Region

10, Record Center M/S HW-070, 1200

Sixth Avenue, Seattle, WA 98101;

phone: (206) 553-4763. Written

comments should be sent to Michael Le,

USEPA, Region 10, 1200 Sixth Avenue,

Mail Stop HW-107, Seattle, WA 98101;

phone: (206) 553-1099.

FOR FURTHER INFORMATION CONTACT:

Michael Le, USEPA, Region 10, 1200

Sixth Avenue, Mail Stop HW-107,

Seattle, WA 98101; phone: (206) 553-

1099.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act ("RCRA

or "the Act"), 42 U.S.C. 6929(b), have a

continuing obligation to maintain a

hazardous waste program that is

equivalent to, consistent with, and no

less stringent than the Federal

HeinOnline -- 60 Fed. Reg. 18549 1995
18550 Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Rules and Regulations

hazardous waste program. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Pub. L. 98-616, November 8, 1984,

hereinafter "HSWA") allows States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive "interim authorization" for the

HSWA requirements under section

3006(g) of RCRA, 42 U.S.C. 6926(g), and

later apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA's regulations in 40 CFR parts 260-

266. 268, 124 and 270.

B. Idaho

Effective on April 9, 1990, Idaho

received final authorization for the base

program, non-HSWA and HSWA

requirements promulgated as of July 1,

1987 and interim authorization for those

HSWA corrective action provisions of

section 3004(u), promulgated as of July

7, 1987 (see 55 FR 11015 dated March

26, 1990). Effective on June 5, 1992,

Idaho received final authorization for

those HSWA corrective action

provisions of section 3004(u)

promulgated as of July 7, 1987 (see 57

FR 11580 dated April 6, 1992). Effective

on August 10, 1992, Idaho received final

authorization for those HSWA and nonHSWA federal provisions promulgated

during the period of July 1, 1987 to June

30, 1990 (see 57 FR 24757 dated June

11, 1992). On January 12, 1995, Idaho

submitted its program revision

application for all RCRA (non-HSWA

and HSWA) federal provisions

promulgated during the period of July 1,

1990 to June 30, 1993. Today, Idaho is

seeking approval of its program revision

in accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Idaho's

application, and has made an immediate

final decision that Idaho's hazardous

waste program revision satisfies all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to grant final authorization

for the additional program

modifications to Idaho. The public may

submit written comments on EPA's

immediate final decision up until May

12, 1995. Copies of Idaho's application

for program revision are available for

inspection and copying at the locations

indicated in the "Addresses" section of

this notice.

Approval of Idaho's program revision

shall become effective in 60 days unless

an adverse comment pertaining to the

State's revision discussed in this notice

is received by the end of the comment

period. If an adverse comment is

received EPA will publish either (1) a withdrawal of the immediate final

decision or (2) a notice containing a

response to comments which either

affirms that the immediate final

decision takes effect or reverses the

decision.

Idaho's revision application includes

all those RCRA federal provisions

promulgated during the period of July 1,

1990 through June 30, 1993. To insure

state consistency with federal

regulations, the Idaho Board of Health

and Welfare's regulatory rule-making

incorporated by reference those

delegable Federal Regulations in 40 CFR

parts 124, 260-266, 268, and 270 that

were-promulgated and codified in the

Code of Federal Regulations, as of June

30, 1993. Thus, at this time, the State is

not seeking authorization for any

changes made to the Federal program

after July 1, 1993. Therefore, the scope,

structure, coverage and processes of the

Idaho hazardous waste management

program is virtually identical to the

federal provisions through June 30,

1993.

The Idaho Department of Health and

Welfare Rules, Title 1, Chapter 5, "Rules

and Standards for Hazardous Waste"

incorporate by reference all federal

RCRA regulations required for final

authorization through July 1, 1993.

Accordingly, the State rules are

equivalent to the federal regulations.

Idaho Administrative Procedures Act,

IDAPA 16.01.05.000 et seq. The more

substantive changes included in this

revision application are: Wood

Preserving Listings, Land Disposal

Restrictions for Newly Listed Waste and

Hazardous Debris, Recycled Used Oil

Management Standards, and Corrective

Action Management Units and

Temporary Units. These regulatory

changes in this program revision

became State regulations effective on

February 11, 1994 and amended on June

1, 1994.

This program revision will not

authorize the State to operate the RCRA

program over any Indian lands; this

authority remains with EPA.

C. Decision

I conclude that Idaho's application for

program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Idaho is granted. final authorization to

operate its hazardous waste program as

revised.

Idaho now has responsibility for

permitting treatment, storage, and

disposal facilities within its borders and

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. Idaho also has

primary enforcement responsibilities,

although EPA retains the right to

conduct inspections under section 3007

of RCRA and to take enforcement

actions under sections 3008, 3013 and

7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

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

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Idaho's program,

thereby eliminating duplicative

requirements for handlers of hazardous

waste in the State. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

Administrative practice and

procedure, Confidential business

information, Hazardous materials

transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of Sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

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

Dated: March 30, 1995.

Chuck Clarke,

Regional Administrator.

[FR Doc. 95-8606 Filed 4-11-95; 8:45 am]

BILLING CODE 6560-60-P

HeinOnline -- 60 Fed. Reg. 18550 1995