### 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.

5In 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 ifEPA finds that such programs are equivalent and consistent with the Federal program and provide adequate enforcement of compliance. Title 40 ofthe 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 ofthe State's program. This final rule revises the codification of theIdaho authorized program. DATES: This final rule is effective on March 8, 2005. The incorporation by reference ofauthorized provisions in the Idaho statutes and regulations contained inthis rule is approved by the Director ofthe Federal Register as ofMarch 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. Incorporationby Reference

A. WhatIs 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) ofRCRA, 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 ofRCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable statutory and regulatory provisions.

Today's action codifies EPA's authorization ofrevisions to Idaho's hazardous waste management program. This codification reflects the State
program in effect atthe 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. WhatIs theHistoryofthe AuthorizationandCodificationof Idaho'sHazardousWasteManagement 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 of40 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. WhatDecisionsHave We Madein ThisAction?

Today's action codifies EPA's authorization ofrevisions to Idaho's hazardous waste management program. This codification incorporates by reference the mostrecent version of the State's authorized hazardous waste management regulations. This action does not reopen any decision EPA previously made concerning the authorization ofthe State's hazardous waste management program.

EPA is incorporating by reference the authorized revisions to the Idaho hazardous waste program by revising subpart N of40 CFRpart 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 ofadequate enforcement authority, including procedural and 

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enforcement provisions, which provide the legal basis for the State's implementation ofthe hazardous waste management program. In addition, § 272.651 references the Memorandum ofAgreement, the Attorney General's Statement and the Program Description which were evaluated as part ofthe approval process ofthe hazardous waste management program in accordance with subtitle C ofRCRA.

D. WhatIs theEffect ofIdaho's CodificationonEnforcement?

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 ofIdaho's approved State program which operates in lieu ofthe Federal program. 40 CFR 272.651(b)(2) lists these authorities for informational purposes, and also because EPA considered them in determining the adequacy ofIdaho'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 ofIdaho'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. WhatStateProvisions AreNotPartof the Codification?

The public is reminded that some provisions ofIdaho's hazardous waste management program are not part ofthe federally authorized State program. These non-authorized provisions include:

(1) Provisions that are not part ofthe RCRA subtitle C program because they

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

(2) Federal rules for which Idaho is not authorized, but which have been incorporated into the State regulations because ofthe way the State adopted Federal regulations by reference; (3) State procedural and efiforcement authorities which are necessary to establish the ability ofthe 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 ofthe authorized program being incorporated by reference. This action updates that list for "broader in scope" provisions. While "broader in scope" provisions are not part ofthe 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 ofthe Post Closure rule (Standards Applicable to Owners.and Operators ofClosed 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 ofthe 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 ofenforceable documents in the context ofthe 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 atIDAPA 58.01.05.000, et seq., are not part ofthe State's authorized program included in this codification.

F. What WillBe theEffect of CodificationonFederal 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 ofthe 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. Statutoryand 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 Order12866:Regulatory Planning Review-The Office of Management and Budget (OMB) has exempted this action from the requirements ofExecutive Order 12866 (58 FR 51735, October 4, 1993).

2. Paperwork ReductionAct-This action does not impose an information collection burden under the Paperwork Reduction Act.

3. RegulatoryFlexibility 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 oftoday's action on small entities under the Regulatory Flexibility Act,I certify that this action will nothave a significant economic impact on a substantial number of small entities.

4. UnfundedMandatesReform 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 actionbecause 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 ofpower and responsibilities among the various levels ofgovernment). This action codifies existing authorized State hazardous waste management program requirements without altering the relationship orthe distribution ofpower and responsibilities established by
RCRA.

6.

Executive Order13175: ConsultationandCoordinationWith Indian TribalGovernments-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 ofpower and responsibilities between the Federal government and Indian tribes).

7. Executive Order13045:Protection ofChildrenFromEnvironmentalHealth andSafetyRisks-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 Order13211:Actions That.Significantly Affect EnergySupply, 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 Transferand AdvancementAct (NTTAA)-EPA previously addressed the nonapplicability ofthe NTTAA in its final approvals to revisions ofthe State's authorized hazardous waste management program. Section 12(d) of the NTTAA does not apply to this action.

10. Executive Order12988-EPAhas taken the necessary steps in this action to eliminate drafting errors and ambiguity, minimize potential litigation, and provide aclear legal standard for affected conduct.

11. Congressional ReviewAct-The Congressional Review Act, 5-U.S.C. 801
etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House ofthe Congress and to the Comptroller.General ofthe 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 ofthe United States prior to publication in the Federal Register.
List ofSubjects in 40 CFR Part272

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

Dated: February 15, 2005. Ronald A. Kreizenbeck, ActingRegionalAdministrator, EPARegion 10.

mForthe 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 forpart 272 continues to read as follows:

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

m2. Subpart N is amendedby 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 inIdaho'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 ofIdaho 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) StateStatutesandRegulations. (1) The Idaho statutes and regulations cited in this paragraph are incorporated by reference as part ofthe hazardous
waste management program under subtitle C ofRCRA, 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 ofIdaho 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 ofIdaho 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 ofIdaho Annotated, Volume 2, Title 9, Chapter 3, "Public Writings", published in 1990 by the Michie Company, Law-Publishers, Charlottesville, Virginia: sections 9- 337(10); 9-337(11); 9-338; 9-339; and 9-344(2).

(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 ofthe authorized program, are not incorporated by reference, and are not federally enforceable:

(i) Idaho Code containing the General Laws ofIdaho 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 ofIdaho 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 ofAgreement between EPARegion 10 and the State ofIdaho (IDEQ), signed by the EPA Regional Administrator on August 1, 2001, although not incorporated by reference, is referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 42 U.S.C. 6921 etseq.

(5) Statementof LegalAuthority.The "Attorney General's Statement forFinal Authorization," signed by the Attorney General ofIdaho on July 5, 1988 and revisions, supplements and addenda.to that Statement, dated July 3, 1989, February 13, 1992, December 29, 1994, September 16, 1996, October 3, 1997, April 6, 2001, and September 11, 2002, although not incorporated by reference,

are referenced as part ofthe 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 ofthe original application or as supplements thereto, although not incorporated by reference,

are referenced as part ofthe authorized hazardous waste management program under subtitle C ofRCRA, 42 U.S.C. 6921 etseq.

m3. Appendix A topart.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 ofthe 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 ofEnvironmental 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 ofthose sections reference the use ofenforceable documents in the context ofthe Post Closure rule. Idaho did not seek, nor receive, authorization for language in those sections which states as follows: "* * * or in an enforceable document (asdefined in 270.1(c)(7)." Therefore, these Federal amendments included in Idaho's adoption by reference atIDAPA 58.01.05.000, et seq., are notpart ofthe State's authorized program., Nordoes Idaho's authorized program include the Federal regulations at 40 CFR270.1(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 ofTransportation (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) in49 CFR parts 190 through 199 to reflect the creation ofPHMSA. This document also updates the Office ofPipeline 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 ofthe 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 ofthe 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 withthe 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 ofthe Pipeline Safety Improvement Act of2002 (Pub.L. 107- 355, 116 Stat. 2985; Dec. 17, 2002) (the "PSI Act") including changes to the Office ofPipeline 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 ofthe part 190 enforcement procedures used by the agency. The amendments made by this rule reflect the changed organizational posture ofthe agency and update the part 190 enforcement procedures to reflect current public law. This rule does notimpose any new operating 

### .113135

HeinOnline -- 70 Fed. Reg. 11135 2005

### Sent 

### By: NARAj 202 741 6012j Mar-2-05 12:31PMj Page 2/3



## •



# ... :

# ..,.. 

# National

# Archives and**RecordsAdmin~stration**

. .

# ~.**®1~'** w 

## , .. ' 

## .

. 

# .:­

; 

## .,..**~';:**

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## .
, , 

# Office of the FederalRegister

.**.~.** r-:

..



## MAR 1· 2005

Mr. Ronald A. Kreizenbeck Acting

### Regional Administrator EPA Region 10 1200 SixthAvenue 

## Mail Code RA-140 

## Seattle, WA 98101

DearMr.Krcizenbeck:



### I approve the following standard(s) for incorporation

### by reference into 

### Part 272 ofTitle40 ofthe 

### Code of FederalRegulations as 

### listed in the 

### attachment.

.

This approval is 

### contingentupon

### the final rule containing 

### the language changes, which were agreed upon 

## byour staffs. 

### The approval to 

### incorporateby reference 

### this publication(s) is effective 

### on the effective date 

### ofyourfinal rule.

• Ifyou 

### wish to enforce some otheredition of

### the publicationfs) approved, you must:

1. Publishnotice ofthe change in 

### the 

### FederalRegister, amendthe 

### Code of Federal Regulations; 

### lUld

2. Ensure that a copy ofthat 

### edition is 

### on file at 

### the Office ofthe Federal 

### Register; and i I



### 3. Notify me in writing ofthe change.



### Ifyou have any 

### questions concerningthis incorporation 

### byreference, 

### please call 

### our Legal Staff

on 202-741-6030.



### Sincerely,



## RA

# MONDA.M~· Directorofthe Federal Register

Attaclunent 

# •

u.s. mailaddress: 700Pe-nnt>y!vilnia Avenue, NW,WashingtJ.m, DC 20408-0001 OfficeI.oc:atlon: 800 NorlhCepirolStrw.I, NW, Suilc700,Washi..'glon DC 20002-4244 PederalRegUlter web**si~; http://www.~hive8.gov**  

### I**/\!dL'fi1l.Jc~ter** Qrrdhttpj-/www.gpOiIC<CUs.gov1!\AJ'a

# •• Sent By: NARA; 202 741 6012; Mar·2·05 12:31PMj Page 3/3



# .

.==::.;,:

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# .. ....... _.::c-_



### ..·:....­ ..

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. 

# Standards Approved for Incorporation by Reference "-_

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### - 

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## Environmental Protection Agency

Idaho State-administeredprogram

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

### Menagemem Program

. March Z004

Section(s)

272.651



# •

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......

__. printedon 'I\lcaday, March 01, 200S Pase L of 1**UNrrEDSTATESE~RONMENTALPROTECnONAGENCY** 

## REGION 10 

# • 1200SixthAvenue Seattle,WA98101



## FEB 1 5 2005
Reply 

### To Attn Of: 

### [AWT-122]



## RaymondA. Mosley Director OfficeofFederalRegister 800 North Capitol Street, N.W., suite 700 Washington, DC

DearMr. Mosley:



# • Enclosedis apackage containingaFederal Registernoticeto incorporatebyreference approval ofthe RCRAhazardous wasteprogramofthe State ofIdaho. Also enclosedis a copyofthe material to be incorporatedby reference. Ourofficerequests thatthe Directorincorporateby referencethe enclosed statutes and regulations ofthe StateofIdahointo 40 CFR 

## §272.651. This incorporationby referencewill substantiallyreducethe volume ofmaterial that will need to be publishedin the Federal Register

.
Anyquestions or commentsregardingthis incorporationby reference shouldbeaddressedto J

## eft' Hunt, EPA Region 10, at phonenumber (206) 553-0256

.

. Sincerelyyours,

Ronald A. 

## Kreizenbeck ActingRegional Administrator, EPA Region 10 1200 SixthAvenue Seattle, WA 98101

Enclosures



# •

o PrtntedonReqcI«JPtlptw