Federal Register / Vol. 70, No. 44/Tuesday, March 8, 2005 / Rules and Regulations

Applicable geographic State submittal date/ EPA approval date Explanations

Name of nonregulatory SIP provision or non-attainment adopted date and citations

area

V. Stack Height Demonstration Analysis ....... Statewide ................... Submitted: 8/20/96 67/89, 54 FR 24334.

and 12/3/86.

VI. Commitment to revise stack height rules Statewide ................... Submitted: 5/11/88 ..... 9/2/88, 53 FR 34077.

in response to NRDC v. Thomas, 838 F.2d

1224 (DC Cir. 1988).

VII. PM10 Committal SIP ............................... Statewide ................... Submitted: 7/12/88 ..... 10/5/90, 55 FR 4083.1

VIII. Small Business Assistance Program ..... Statewide ................... Submitted: 11/10/92 10/25/94, 59 FR

and 4/1/94. 53589.

IX. Commitment regarding permit Rapid City .................. Submitted: 7/19/95 ..... 6/10/02, 67 FR 39619.

exceedences of the PM10 standard in

Rapid City.

5 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.

[FR Doc. 05-4338 Filed 3-7-05; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

(FRL-7877-4]

Idaho: Incorporation by Reference of

Approved State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Resource Conservation

and Recovery Act, as amended (RCRA),

allows EPA to authorize State hazardous

waste management programs if EPA

finds that such programs are equivalent

and consistent with the Federal program

and provide adequate enforcement of

compliance. Title 40 of the Code of

Federal Regulations (CFR) part 272 is

used by EPA to codify its decision to

authorize individual State programs and

incorporates by reference those

provisions of the State statutes and

regulations that are subject to EPA's

inspection and enforcement authorities

as authorized provisions of the State's

program. This final rule revises the

codification of the Idaho authorized

program.

DATES: This final rule is effective on

March 8, 2005. The incorporation by

reference of authorized provisions in the

Idaho statutes and regulations contained

in this rule is approved by the Director

of the Federal Register as of March 8,

2005, in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51.

FOR FURTHER INFORMATION CONTACT: Jeff

Hunt, U.S. EPA, Region.10, 1200 Sixth

Avenue,.Mail stop WCM-122, Seattle,

WA 98101, e-mail: hunt.jeff@epa.gov,

phone number (206) 553-0256.

SUPPLEMENTARY INFORMATION:

I. Incorporation by Reference

A. What Is Codification?

Codification is the process of

including the statutes and regulations

that comprise the State's authorized

hazardous waste management program.

in the CFR. Section 3006(b) of RCRA, as

amended, allows the Environmental

Protection Agency (EPA) to authorize

State hazardous waste management

programs. The State regulations

authorized by EPA supplant the federal

regulations concerning the same matter

with the result that after authorization

EPA enforces the authorized

regulations. Infrequently, State statutory

language which acts to regulate a matter

is also authorized by EPA with the

consequence that EPA enforces the

authorized statutory provision. EPA

does not authorize State enforcement

authorities-and does not authorize State

procedural requirements. EPA codifies

the authorized State program in 40 CFR

part 272 and incorporates by reference

State statutes and regulations that make

up the approved program which is

federally enforceable. EPA retains the

authority to exercise its inspection and

enforcement authorities in accordance

with sections 3007, 3008, 3013 and 7003

of RCRA, 42 U.S.C. 6927, 6928, 6934

and 6973, and any other applicable

statutory and regulatory provisions.

Today's action codifies EPA's

authorization of revisions to Idaho's

hazardous waste management program.

This codification reflects the State

program in effect at the time EPA

authorized revisions to the Idaho

hazardous waste management program

in a final rule dated March 10, 2004 (69

FR 11322). Notice and an opportunity

for comment regarding the revisions to

the authorized State program were

provided to the public at the time those

revisions were proposed.

B. What Is the History of the

Authorization and Codification of

Idaho's Hazardous Waste Management

Program?

Idaho initially received final

authorization for its hazardous waste

management program, effective April 9,

1990 (55 FR 11015). Subsequently, EPA

authorized revisions to the State's

program effective June 5, 1992 (57 FR

11580), August 10, 1992 (57 FR 24757),

June 11, 1995 (60 FR 18549), January 19,

1999 (63 FR 56086), July 1, 2002 (67 FR

44069), and March 10, 2004 (69 FR

11322). EPA first codified Idaho's

authorized hazardous waste iprogram

effective February 4, 1991 (55 FR

50327), and updated the codification of

Idaho's program on June 5, 1992 (57 FR

11580), August 10, 1992 (57 FR 24757),

and August 24, 1999 (64 FR 34133). In

this action, EPA revises Subpart N of 40

CFR part 272, to include the recent

authorization revision actions effective

July 1, 2002 (67 FR 44069) and March

10, 2004 (69 FR 11322).

C. What Decisions Have We Made in

This Action?

Today's action codifies EPA's

authorization of revisions to Idaho's

hazardous waste management program.

This codification incorporates by

reference the most recent version of the

State's authorized hazardous waste

management regulations. This action

does not reopen any decision EPA

previously made concerning the

authorization of the State's hazardous

waste management program.

EPA is incorporating by reference the

authorized revisions to the Idaho

hazardous waste program by revising

subpart N of 40 CFR part 272. 40 CFR

part 272, subpart N, § 272.651

previously incorporated by reference

Idaho's authorized hazardous waste

program, as amended, through 1999.

Section 272.651 also references the

demonstration of adequate enforcement

authority, including procedural and

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enforcement provisions, which provide

the legal basis for the State's

implementation of the hazardous waste

management program. In addition,

§ 272.651 references the Memorandum

of Agreement, the Attorney General's

Statement and the Program Description

which were evaluated as part of the

approval process of the hazardous waste

management program in accordance

with subtitle C of RCRA.

D. What Is the Effect of Idaho's

Codification on Enforcement?

EPA retains the authority under

statutory provisions, including but not

limited to, RCRA sections 3007, 3008,

3013 and 7003, and any othei applicable

statutory and regulatory provisions, to

undertake inspections and enforcement

actions and to issue orders in all

authorized States. With respect to

enforcement actions, EPA will rely on

Federal sanctions, Federal inspection

authorities, and Federal procedures

rather than the State analogues to these

provisions. Therefore, the EPA is not

incorporating by reference Idaho's

inspection and enforcement authorities

nor are those authorities part of Idaho's

approved State program which operates

in lieu of the Federal program. 40 CFR

272.651(b)(2) lists these authorities for

informational purposes, and also

because EPA considered them in

determining the adequacy of Idaho's

enforcement authorities. This action

revises this listing for informational

purposes where these authorities have

changed under Idaho's revisions to State

law and were considered by EPA in

determining the adequacy of Idaho's

enforcement authorities. Idaho's

authority to inspect and enforce the

State's hazardous waste management

program requirements continues to

operate independently under State law.

E. What State Provisions Are Not Part of

the Codification?

The public is reminded that some

provisions of Idaho's hazardous waste

management program are not part of the

federally authorized State program.

These non-authorized 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 rules for which Idaho is

not authorized, but which have been

incorporated into the State regulations

because of the way the State adopted

Federal regulations by reference;

(3) State procedural and efiforcement

authorities which are necessary to

establish the ability of the program to

enforce compliance but which do not

supplant the Federal statutory

enforcement and procedural authorities.

State provisions that are "broader in

scope" than the Federal program are not

incorporated by reference in 40 CFR

part 272. For reference and clarity, 40

CFR 272.651(b)(3) lists the Idaho

regulatory provisions which are

"broader in scope" than the Federal

program and which are not part of the

authorized program being incorporated

by reference. This action updates that

list for "broader in scope" provisions.

While "broader in scope" provisions are

not part of the authorized program and

cannot be enforced by EPA, the State

may enforce such provisions under

State law.

Idaho has adopted but is not

authorized for certain sections of the

Post Closure rule (Standards Applicable

to Owners.and Operators of Closed and

Closing Hazardous Waste Management

Facilities: Post-Closure Permit

Requirement and Closure Process; Final

Rule) promulgated by EPA on October

22, 1998 (63 FR 56710). These

unauthorized sections of the Post

Closure rule include the State analogs to

Federal citations 40 CFR 270.1(c)(7), 40

CFR 265.121, 40 CFR 265.110(c), and 40

CFR 265.118(c)(4). Additionally, Idaho

is authorized for State analogs to

Federal 40 CFR 264.90(e), 264.90(f),

264.110(c), 264.112(b)(8),

264.112(c)(2)(iv), 264.118(b)(4),

264.118(d)(2)(iv), 264.140(d), 265.90(f),

265.110(d), 265.112(b)(8), 265.118(c)(5),

265.140(d), 270.1(c) introductory text,

and 270.28 except where those sections

reference the use of enforceable

documents in the context of the Post

Closure rule. Idaho did not seek, nor

receive, 'authorization for language in

those sections which state as follows:

"* * * or in an enforceable document

(as defined in 270.1(c)(7)." Therefore,

these Federal amendments, included in

Idaho's adoption by reference at IDAPA

58.01.05.000, et seq., are not part of the

State's authorized program included in

this codification.

F. What Will Be the Effect of

Codification on Federal HSWA

Requirements?

With respect to any requirement(s)

pursuant to the Hazardous and Solid

Waste Amendments of 1984 (HSWA) for

which the State has not yet been

authorized and which EPA has

identified as taking effect immediately

in States with authorized hazardous

waste management programs, EPA will

enforce those Federal HSWA standards

until the State is authorized for those

provisions.

The Codification does not affect

Federal HSWA requirements for which

the State is not authorized. EPA has

authority to implement HSWA

requirements in all States, including

States with authorized hazardous waste

management programs, until the States

become authorized for such

requirements or prohibitions unless

EPA has identified the HSWA

requirement(s) as an optional or as a less

stringent requirement of the Federal

program. A HSWA requirement or

prohibition, unless identified by EPA as

optional or as less stringent, supersedes

any less stringent or inconsistent State

provision which may have been

previously authorized by EPA (50 FR

28702, July 15, 1985).

Some existing State requirements may

be similar to the HSWA requirements

implemented by EPA. However, until

EPA'authorizes those State

requirements, EPA enforces the HSWA

requirements and not the State analogs.

II. Statutory and Executive Order

Reviews

This action codifies EPA-authorized

hazardous waste management

requirements pursuant to RCRA Section

3006 and imposes no requirements

other than those imposed by State law

(see SUPPLEMENTARY INFORMATION).

Therefore, this action complies with

applicable executive orders and

statutory provisions as follows:

1. Executive Order 12866: Regulatory

Planning Review-The Office of

Management and Budget (OMB) has

exempted this action from the

requirements of Executive Order 12866

(58 FR 51735, October 4, 1993).

2. Paperwork Reduction Act-This

action does not impose an information

collection burden under the Paperwork

Reduction Act.

3. Regulatory Flexibility Act-This

action codifies Idaho's authorized

hazardous waste management

regulations in the CFR and does not

impose new burdens on small entities.

After considering the economic impacts

of today's action on small entities under

the Regulatory Flexibility Act, I certify

that this action will not have a

significant economic impact on a

substantial number of small entities.

4. Unfunded Mandates Reform ActBecause this action codifies pre-existing

requirements under State law which

EPA already approved under 40 CFR

part 271 and does not impose any

additional enforceable duty beyond that

required by State law or existing Federal

law, it does not contain any unfunded

mandate or significantly or uniquely

affect small governments, as described

in the Unfunded Mandates Reform Act

of 1995 (Public Law 104-4).

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5. Executive Order 13132:

Federalism-Executive Order 13132

does not apply to this action because it

will not have federalism implications

(i.e. substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government). This action

codifies existing authorized State

hazardous waste management program

requirements without altering the

relationship or the distribution of power

and responsibilities established by

RCRA.

6. Executive Order 13175:

Consultation and Coordination With

Indian Tribal Governments-Executive

Order 13175 does not apply to this

action because this action does npt have

tribal implications (i.e. substantial

direct effects on one or more Indian

tribes, on the relationship between the

Federal government and the Indian

tribes, or on the distribution of power

and responsibilities between the Federal

government and Indian tribes).

7. Executive Order 13045: Protection

of Children From Environmental Health

and Safety Risks-This action is not

subject to Executive Order 13045

because it is not economically

significant and it does not make

decisions based on environmental

health or safety risks.

8. Executive Order 13211: Actions

That.Significantly Affect Energy Supply,

Distribution, or Use-This action is not

subject to Executive Order 13211

because it is not a significant regulatory

action under Executive Order 12866.

9. National Technology Transfer and

Advancement Act (NTTAA)-EPA

previously addressed the nonapplicability of the NTTAA in its final

approvals to revisions of the State's

authorized hazardous waste

management program. Section 12(d) of

the NTTAA does not apply to this

action.

10. Executive Order 12988-EPA has

taken the necessary steps in this action

to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. 11. Congressional Review Act-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 document 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 in the Federal Register.

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 action 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: February 15, 2005.

Ronald A. Kreizenbeck,

Acting Regional Administrator, EPA Region

10.

m For the reasons set forth in the

preamble, EPA amends 40 CFR part 272

as follows:

PART 272-APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS

m 1. The authority citation for part 272

continues to read as follows:

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

of the Solid Waste Disposal Act, as amended

by the Resource Conservation and Rec'overy

Act, as amended, 42 U.S.C. 6912(a), 6926,

and 6974(b).

m 2. Subpart N is amended by revising

§ 272.651 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, January 19, 1999, July 1, 2002,

and March 10, 2004.

(b) The State of Idaho has primary

responsibility for enforcing its

hazardous waste management program.

However, EPA retains the authority to

exercise its inspection and enforcement

authorities in accordance with sections

3007, 3008, 3013, 7003 of RCRA, 42

U.S.C. 6927, 6928, 6934, 6973, and any

other applicable statutory and

regulatory provisions, regardless of'

whether the State has taken its own

actions, as well as in accordance with

other statutory and regulatory

provisions.

(c) 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

sei.) The EPA-Approved Idaho Statutory

and Regulatory Requirements

Applicable to the Hazardous Waste

Management Program, March 2004.

(ii) (Reserved]

(2) EPA considered the following

statutes and regulations in evaluating

the State program but is not

incorporating them herein for

enforcement purposes:

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

General Laws of Idaho Annotated, Title

39, Chapter 44, "Hazardous Waste

Management", published in 2002 by the

Michie Company, Law Publishers:

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; 39-4411(1); 39-4411(3); 39-

4411(6); 39-4412 through 39-4416; 39-

4418; 39-4419; 39-4421; 39-4422; and

39-4423(3)(a)&(b).

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

General Laws of Idaho Annotated, Title

39, Chapter 58, "Hazardous Waste

Facility Siting Act", published in 2002

by the Michie Company, Law

Publishers: sections 39-5804; 39-5809;

39-5810; 39-5813(2); 39-5814; 39-

5816; 39-5817; and 39-5818(1).

(iii) 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).

(iv) 2002 Cumulative Pocket

Supplement to the Idaho Code (I.C.),

Volume 2, Title 9, Chapter 3, "Public

Writing", published in 2002 by the

Michie Company, Law Publishers,

Charlottesville, Virginia:.sections 9-

340A, 9-340B, and 9-343.

(v) Idaho Department of

Environmental Quality Rules and

Regulations, Idaho Administrative Code,

IDAPA 58, Title 1, Chapter 5, "Rules

and Standards for Hazardous Waste", as

published July 2002: sections

58.01.05.000; 58.01.05.356.02 through.

58.01.05.356.05; 58.01.05.800;

58.01.05.850; 58.01.05.996;

58.01.05.997; and 58.01.05.999.

(3) The following statutory and

regulatory provisions are broader in

scope than the Federal program, are not

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part of the authorized program, are not

incorporated by reference, and are not

federally enforceable:

(i) Idaho Code containing the General

Laws of Idaho Annotated, Title 39,

Chapter 44, "Hazardous Waste

Management", published in 2002 by the

Michie Company, Law Publishers:

sections 39-4403(6)&(14); 39-4427; 39-

4428 and 39-4429.

(ii) Idaho Code containing the General

Laws of Idaho Annotated, Title 39,

Chapter 58, "Hazardous Waste Siting

Act", published in 2002 by the Michie

Company, Law Publishers: section 39-

5813(3).

(iii) Idaho Department of

Environmental Quality Rules and

Regulations, Idaho Administrative Code,

IDAPA 58, Title 1, Chapter 5, "Rules

and Standards for Hazardous Waste", as

published July 2002: sections

58.01.05.355; and 58.01.05.500.

(4) Memorandum of-Agreement. The

Memorandum of Agreement between

EPA Region 10 and the State of Idaho

(IDEQ), signed by the EPA Regional

Administrator on August 1, 2001,

although not incorporated by reference,

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. The

"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, October 3, 1997,

April 6, 2001, and September 11, 2002,

although not incorporated by reference,

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,

although not incorporated by reference,

are referenced as part of the authorized

hazardous waste management program

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

6921 et seq.

m 3. Appendix A to part.272, State

Requirements, is amended by revising

the listing for "Idaho" to read as follows:

Appendix A to Part 272-State

Requirements

Idaho

(a) The statutory provisions include:

Idaho Code containing the General Laws of

Idaho Annotated, Title 39, Chapter 44,

"Hazardous Waste Management", 2002:

sections 39-4402; 39-4403 (.Xcept 39-

4403(6)&(14)); 39-44081)-(3); 39-4409(1) .

(except fourth and fi.fth sentences); 39-

4409(2) (first sentence); 39-4409(4) (except

first sentence); 39-4409(5); 39-4409(6); 39-

4409(7); 39-4409(8); 3-441'1(2); 39-4411(4);

39-4411(5); 39-4423 (except 39- '

4423(3)(a)&(b)); and 39-4424.

Idaho Code containing the General Laws of

Idaho Annotated, Title 39, Chapter 58;

"Hazardous Waste Facility Siting Act",

published in 2002 by the'Michie Company,

Law Publishers: 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.

(b) The regulatory provisions include:

Idaho Department of Environmental

Quality Rules and Regulations, Idaho

Administrative Code, IDAPA 58, Title 1,

Chapter 5, "Rules and Standards for

Hazardous Waste", as published on July

2002: sections 58.01.05.001; 58.01.05.002;

58.01.05.003; 58.01.05.004; 58.01.05.005;

58.01.05.006; 58.01.05.007; 58.01.05.008;

58.01.05.009; 58.01.05.010; 58.01.05.011;

58.01.05.012; 58.01.05.013; 58.01.05.014;

58.01.05.015; 58.01.05.016; 58.01.05.356.01;

and 58.01.05.998, except where any of those

sections reference the use of enforceable

documents in the context of the Post Closure

rule. Idaho did not seek, nor receive,

authorization for language in those sections

which states as follows: "* * * or in an

enforceable document (as defined in

270.1(c)(7)." Therefore, these Federal

amendments included in Idaho's adoption by

reference at IDAPA 58.01.05.000, et seq., are

not part of the State's authorized program.,

Nor does Idaho's authorized program include

the Federal regulations at 40 CFR 270.1(c)(7),

40 CFR 265.121, 40 CFR 265.110(c) or 40 CFR

265.119(c)(4) because Idaho did not seek

authorization for those'sections.

[FR Doc. 05-4342 Filed 3-7-05; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials

Safety Administration

49 CFR Parts 190, 191,192, 193, 194,

195, 198, and 199

RIN 2137-AD77

Agency Reorganization: Nomenclature

Change and Technical Amendments

AGENCY: Pipeline and Hazardous

Materials Safety Administration

(PHMSA); Department of Transportation

(DOT).

ACTION: Final rule.

SUMMARY: In accordance with the

Norman Y. Mineta Research and Special

Programs Improvement Act, which

reorganized the Department's pipeline

and hazardous materials safety

programs into the new Pipeline and

Hazardous Materials Safety

Administration (PHMSA), this

document revises all references to the

former Research-and Special Programs

Administration (RSPA) in 49 CFR parts

190 through 199 to reflect the creation

of PHMSA. This document also updates

the Office of Pipeline Safety's internet

and mailing addresses, docket

procedures, titles, section numbers,

penalty considerations and cap

adjustments, terminology, and other

changes conforming part 190 with the

Pipeline Safety Improvement Act of

2002. The amendments made by this

rule reflect the changed organizational

posture of the agency and update the

part 190 enforcement procedures to

reflect current public law. This rule

does not impose any new operating

requirements on pipeline owners and

operators.

DATES: This final rule is effective March

8, 2005.

FOR FURTHER INFORMATION CONTACT:

Lawrence White, Attorney-Advisor

Pipeline and Hazardous Materials Safety

Administration, Office of the Chief

Counsel, 400 7th Street, SW.,

Washington, DC 20590. Tel: (202) 366-

4400. Fax: (202) 366-7041. E-mail:

lawrence. white@dot.gov.

SUPPLEMENTARY INFORMATION:

Background and Summary

In accordance with the Norman Y.

Mineta Research and Special Programs

Improvement Act (Pub. L. 108-426, 118

Stat. 2423; Nov. 30, 2004) (the "Mineta

Act"), which reorganized the

Department's pipeline and hazardous

materials safety programs into the new

PHMSA, this document revises all

references to the former RSPA in 49 CFR

parts 190-199 to reflect the creation of

PHM'SA. This document also makes

conforming changes reflecting the

enactment of the Pipeline Safety

Improvement Act of 2002 (Pub. L. 107-

355, 116 Stat. 2985; Dec. 17, 2002) (the

"PSI Act") including changes to the

Office of Pipeline Safety's'(OPS')

Infernet and mailingaddresses, docket

procedures, titles, section numbers,

penalty considerations and cap

adjustments, terminology, and other

editorial changes to enhance the clarity

and consistency of the part 190

enforcement procedures used by the

agency. The amendments made by this

rule reflect the changed organizational

posture of the agency and update the

part 190 enforcement procedures to

reflect current public law. This rule

does not impose any new operating

.113135

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. .~. ®1~' National Archives and RecordsAdmin~stration w , .. ' . . .:­ ; .,.. ~';: , ,..."," ~.

.

, , Office ofthe Federal Register . .~. r-: .. 

MAR 1· 2005 

Mr. Ronald A. Kreizenbeck 

Acting Regional Administrator 

EPA Region 10 

1200 Sixth Avenue 

Mail Code RA-140 

Seattle, WA 98101 

Dear Mr. Krcizenbeck: 

I approve the following standard(s) for incorporation by reference into Part 272 of Title 40 of the 

Code ofFederal Regulations as listed in the attachment. . 

This approval is contingent upon the final rule containing the language changes, which were 

agreed upon by our staffs. The approval to incorporate by reference this publication(s) is 

effective on the effective date of your final rule. 

• If you wish to enforce some other edition ofthe publicationfs) approved, you must: 

1. Publish notice ofthe change in the Federal Register, amend the Code ofFederal Regulations; 

lUld 

2. Ensure that a copy ofthat edition is on file at the Office of the Federal Register; and i 

I 

3. Notify me in writing of the change. 

If you have any questions concerning this incorporation by reference, please call our Legal Staff 

on 202-741-6030. 

Sincerely, 

RA MONDA.M~· Director of the Federal Register 

Attaclunent 

• u.s. mail address: 700Pe-nnt>y!vilnia Avenue, NW, WashingtJ.m, DC 20408-0001 

Office I.oc:atlon: 800 Norlh Cepirol Strw.I, NW, Suilc 700, Washi..'glon DC 20002-4244 

Pederal RegUlter web si~; http://www.~hive8.govI /\!dL'fi1l.Jc~ter Qrrd httpj-/www.gpOiIC<CUs.gov1!\AJ'a 
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Sent By: NARA; 202 741 6012; Mar·2·05 12:31PMj Page 3/3 . 

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Standards Approved for Incorporation by 

Reference "-_.. ,.__. ----'- ,"' ..- '--" _.'-

Environmental Protection Agency 

Idaho State-administered program 

EPA-Approved Idsho Statutory and Regulatory Requirements Applicable to the Hazardous Waste 

Menagemem Program . 

March Z004 

Section(s) 

272.651 

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 printed on 'I\lcaday, March 01, 200S Pase L of 1 
UNrrEDSTATESE~RONMENTALPROTECnONAGENCY

REGION 10 

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1200SixthAvenue 

Seattle,WA981 01 

FEB 1 5 2005 

Reply To
 

Attn Of: [AWT-122]
 

Raymond A. Mosley
 

Director
 

Office ofFederal Register
 

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

Washington, DC
 

Dear Mr. Mosley: 

• 

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

ofthe RCRA hazardous waste program ofthe State ofIdaho. Also enclosed is a copy ofthe 

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

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

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

published in the Federal Register. 

Any questions or comments regarding this incorporation by reference should be addressed to Jeft' 

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

. Sincerely yours, 

Ronald A. Kreizenbeck 

Acting Regional Administrator, EPA Region 10 

1200 Sixth Avenue 

Seattle, WA 98101 

Enclosures 

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o Prtntedon ReqcI«JPtlptw