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

materially altering the budgetary impacts of entitlement, grants, user.fees,

orloan programs; or (4) raising novel legal or policy issues arising out oflegal mandates, the President's priorities, or the principles set forth in this Executive Order.

Pursuant to the terms ofthis Executive Order, EPA has determined that this ruleis not "significant" and is therefore not subject to OMB review.

Pursuant to the requirements ofthe 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

orraising tolerance levels or establishing exemptions from tolerance requirements do nothave a significant economic impact on a substantial number ofsmall entities. A certification statement tothis effect was published in the Federal Register ofMay 4, 1981 (46 FR 24950).
List ofSubjects in40 CFRParts 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, ActingDirector, Registration Division,Office ofPesticide Programs. Therefore, chapter I oftitle 40 ofthe Code ofFederal 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) inthe 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 vegetablescrop group Grapes

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

.............. 1.0 Commodity Parts per million

PART 185--[AMENDED]

2. In part 185:

a. The authority citation forpart 185 continues to read as follows:

Authority: 21 U.S.C. 346a and 348. b.In §185.900, by designating the existing text asparagraph (a.) and adding

new paragraph (b), to read as follows:
§185.900 1-[(6-Chloro-3-pryridinyl) methyl]-N-nltro-2-lmldazolidlnimlne; tolerancesfor residues.

(b) A food additive regulation is established premitting residues ofthe insecticide 1-[(6-chloro-3- pyridinyl)methyl]-N-nitro-2- imidazolidimine in oronthe 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 forpart 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-2imidazolidlnimlne; tolerances for residues.

(c) A feed additive regulation is established premitting residues ofthe insecticide 1-[(6-chloro-3- pyridinyl)methyl]-N-2- imidazolidinimine in or on the following feed commodities resulting from application ofthe insecticide to tomato and grapes:

Feed Part per mil- lion

Grape, pomace (wet ordried) 5.0 Grape, raisin waste

................... 15.0 Tomato, pomace (wetor 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; FinalAuthorization ofState Hazardous Waste Management Program Revisions
AGENCY: Environmental Protection Agency. ACTION: Immediate final rule.
SUMMARY: The State ofIdaho has applied for final authorization of revisions to its hazardous waste program under theResource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed Idaho's application and has made a decision, subject to publicreview and comment, that Idaho's hazardous waste program revision satisfies all ofthe 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 publicreview 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 mustbe received by theclose ofbusiness May 12, 1995. ADDRESSES: Copies.ofIdaho'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 ofHealth and Welfare, Division ofEnvironmental Quality, Technical Services Bureau, 1410 N. Hilton, Boise, Idaho 83706-1290; phone: (208) 334-5898; USEPA Region 10, Record CenterM/S HW-070, 1200 Sixth Avenue, Seattle, WA 98101; phone: (206) 553-4763. Written
comments shouldbe 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

Stateswith final authorization under section 3006(b) ofthe 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 Statesto revise their programs tobecome 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) ofRCRA, 42 U.S.C. 6926(g), and laterapply for final authorization for the HSWA requirements.

Revisions to State hazardous waste programs are necessary when Federal or State statutory orregulatory authority is modified orwhen 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 thebase program, non-HSWA andHSWA requirements promulgated as ofJuly 1, 1987 and interim authorization for those HSWA corrective action provisions of section 3004(u), promulgated as ofJuly 7, 1987 (see 55 FR 11015 dated March 26, 1990). Effective onJune 5, 1992, Idaho received final authorization for those HSWA corrective action provisions ofsection 3004(u) promulgated as ofJuly 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 ofJuly 1, 1987 to June 30, 1990 (see57 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 ofJuly 1, 1990 toJune 30, 1993. Today, Idaho is seeking approval ofits program revision in accordance with40 CFR 271.21(b)(3).

EPAhas 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, EPAintends togrant final authorization for the additional program modifications to Idaho. The public may submit written comments on EPA's immediate final decision upuntil May 12, 1995. Copies ofIdaho's application forprogram revision are available for inspection and copying atthe locations indicated inthe "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 inthis notice is received by the end ofthe comment period. If anadverse comment is received EPAwill publish either (1)a withdrawal ofthe immediate final decision or (2) a notice containing a response to comments which either affirms that the immediate final decision takes effect orreverses the decision.

Idaho's revision application includes all those RCRA federal provisions promulgated during the period ofJuly 1, 1990 through June 30, 1993. To insure state consistency with federal regulations,the Idaho Board ofHealth and Welfare's regulatory rule-making incorporated by reference those delegable Federal Regulations in 40 CFR parts 124, 260-266, 268, and 270that were-promulgated and codified in the Code ofFederal Regulations, as ofJune 30, 1993. Thus, at thistime, 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 ofthe Idaho hazardous waste management program is virtually identical tothe federal provisions through June 30, 1993.

The IdahoDepartment ofHealth 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 inthis 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 inthis 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
Iconclude that Idaho's application for program revision meets all ofthe statutory and regulatory requirements established by RCRA. Accordingly, Idaho is granted.final authorization to operate its hazardous waste program as revised.

Idaho nowhas responsibility for permitting treatment, storage, and disposal facilities within itsborders and carrying out the aspects ofthe RCRA program described in its revised program application, subject to the limitations ofthe HSWA. Idaho also has primary enforcement responsibilities, although EPA retains the right to conduct inspections under section 3007 ofRCRA and to take enforcement actions under sections 3008, 3013 and 7003 ofRCRA. ComplianceWith Executive Order 12866

The Office ofManagement and Budget has exempted this rule from the requirements ofSection 6 ofExecutive Order 12866. CertificationUndertheRegulatory Flexibility Act
Pursuant to the provisions of4 U.S.C. 605(b), Ihereby certify that this authorization will nothave a significant economic impact on a substantial number of small entities. This authorization effectively suspends the applicability ofcertain Federal regulations in favor ofIdaho's program, thereby eliminating duplicative requirements for handlers ofhazardous 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 ofSubjects in 40 CFRPart271

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 underthe authority ofSections 2002(a), 3006 and 7004(b) ofthe SolidWaste Disposal Actas amended 42 U.S.C. 6912(a), 6926,6974(b).

Dated: March 30, 1995. Chuck Clarke, Regional Administrator. [FRDoc. 95-8606 Filed 4-11-95; 8:45 am]

BILLING CODE 6560-60-P

HeinOnline -- 60 Fed. Reg. 18550 1995