76684 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(B) If ConocoPhillips fails to submit the information described in paragraph (A) or if any other 

information is received from any source, the EPA will make a preliminary determination as to 

whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate 

response necessary to protect human health and the environment. 

(C) If the EPA determines that the reported information requires the EPA action, the EPA will 

notify the facility in writing of the actions the agency believes are necessary to protect 

human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to 

why the proposed the EPA action is not necessary. The facility shall have 30 days from the 

date of the notice to present such information. 

(D) If after 30 days ConocoPhillips presents no further information or after a review of any submitted information, the EPA will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the EPAs determination shall become effective immediately, unless the EPA provides otherwise. 

(E) Notification Requirements: ConocoPhillips must do the following before transporting the 

delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (1) Provide a one-time written notification to 

any State Regulatory Agency to which or through which it will transport the delisted waste 

described above for disposal, 60 days before beginning such activities. (2) Update the onetime written notification, if it ships the delisted waste to a different disposal facility. (3) Failure 

to provide this notification will result in a violation of the delisting variance and a possible 

revocation of the decision. 

[FR Doc. 2011–31533 Filed 12–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R10–UST–2011–0896; FRL–9502–6] 

Idaho: Tentative Approval of State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Idaho has 

applied for final approval of its 

Underground Storage Tank (UST) 

Program under Subtitle I of the Resource 

Conservation and Recovery Act (RCRA). 

EPA has reviewed Idaho’s application 

and made the tentative decision that the 

State’s UST program satisfies all 

requirements necessary to qualify for 

final approval. 

DATES: A public hearing will be held on 

December 19, 2011 from 9 a.m.–12 p.m. 

at the Idaho Department of 

Environmental Quality, Conference 

Room B, 1410 North Hilton, Boise, 

Idaho 83706. The State of Idaho will be 

invited to participate in any public 

hearing held by EPA on this subject. 

Please see SUPPLEMENTARY INFORMATION, 

Item C, for details. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

UST–2011–0896, by one of the 

following methods: 

• http://www.regulations.gov Follow 

the online instructions for submitting 

comments. 

• Email: sirs.erik@epa.gov. 

• Mail: Erik Sirs, U.S. Environmental 

Protection Agency, Region 10, 1435 

North Orchard, Boise, ID 83706. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–UST–2011– 

0896. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identify 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy. 

Please see SUPPLEMENTARY

INFORMATION, Item D, for details on the 

location of the documents in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Erik 

Sirs, U.S. Environmental Protection 

Agency, Idaho Operations Office, 1435 

North Orchard, Boise, ID 83706. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 9004 of RCRA enables EPA to 

approve implementation of State UST 

programs in lieu of the Federal UST 

program. Approval is granted when it 

has been determined that the State 

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Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 76685 

program: (1) Is no less stringent than the 

overall Federal program and includes 

the notification requirements of Section 

9004(a)(8), 42 U.S.C. 6991c(a)(8), and (2) 

provides for adequate enforcement of 

compliance with UST standards of 

Section 9004(a), 42 U.S.C. 6991c(a). 

B. State of Idaho 

The Idaho Department of 

Environmental Quality (IDEQ) is the 

lead implementing agency for the UST 

program in Idaho. IDEQ has broad 

statutory authority to regulate UST 

releases under Idaho Code, Title 39, 

Chapter 1, Environmental Quality— 

Health; Title 39, Chapter 72, Idaho Land 

Remediation Act; Chapter 88, Idaho 

Underground Storage Tank Act; and the 

Idaho Rules for Civil Procedure. 

Specific authorities to regulate the 

installation, operation, maintenance, 

and closure of USTs is found under the 

Idaho Administrative Procedures Act 

58.01.02 Water Quality Standards; 

58.01.07 Rules Regulating Underground 

Storage Tank Systems; 58.01.18 Idaho 

Land Remediation Rules; 58.01.23 Rules 

of Administrative Procedure Before the 

Board of Environmental Quality; 

58.01.24 Standards and Procedure for 

Application of Risk Based Corrective 

Action at Petroleum Release Sites. 

Idaho is not authorized to carry out its 

UST program in Indian Country. This 

includes all lands within the exterior 

boundaries of the Coeur d’Alene, Duck 

Valley, Fort Hall, Kootenai, and Nez 

Perce Reservations; any land held in 

trust by the United States for an Indian 

Tribe, and any other lands that are 

Indian Country within the meaning of 

18 U.S.C. 1151. 

C. Public Hearing 

It is EPA’s policy to make reasonable 

accommodation to persons with 

disabilities wishing to participate in the 

Agency’s programs and activities, 

pursuant to the Rehabilitation Act of 

1973, 29 U.S.C. 791, et seq. Any request 

for accommodation should be made to 

Erik Sirs, (208) 378–5762, preferably a 

minimum of two weeks in advance of 

the public hearing date, so that EPA will 

have sufficient time to process the 

request. 

Please bring this notice to the 

attention of any persons known by you 

to have an interest in this 

determination. 

D. Location of Documents 

All documents that are in the 

electronic docket are also available in 

hard copy during normal business hours 

at the following locations: 

1. U.S. Environmental Protection Agency, 

Idaho Operation Office, Region 10, 1435 

North Orchard, Boise, ID 83706 from 9 a.m. 

to 12 p.m. and 1 p.m. to 4 p.m. 

2. Idaho Department of Environmental 

Quality, 1410 North Hilton, Boise, ID 83706 

from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m. 

3. IDEQ Boise Regional Office, 1445 North 

Orchard, Boise, ID 83706 from 10 a.m. to 12 

p.m. and 1 p.m. to 4 p.m. 

4. IDEQ Coeur d’Alene Regional Office, 

2110 Ironwood Parkway, Coeur d’Alene, ID 

83814 from 10 a.m. to 12 p.m. and 1 p.m. to 

4 p.m.; and 

5. IDEQ Idaho Falls Regional Office, 900 N. 

Skyline, Suite B, Idaho Falls, ID 83402 from 

10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; and 

6. IDEQ Lewiston Regional Office, 1118 

‘‘F’’ Street, Lewiston, ID 83501 from 10 a.m. 

to 12 p.m. and 1 p.m. to 4 p.m.; and 

7. IDEQ Pocatello Regional Office, 444 

Hospital Way, #300, Pocatello, ID 83201, 

from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; 

and 

8. IDEQ Twin Falls Regional Office, 1363 

Fillmore Street, Twin Falls, ID 83301, from 

10 a.m. to 12 p.m. and 1 p.m. to 4 p.m. 

E. Statutory and Executive Order (EO) 

Review 

This proposed rule only applies to 

Idaho’s UST Program requirements 

pursuant to RCRA Section 9004 and 

imposes no requirements other than 

those imposed by State law. It complies 

with applicable EOs and statutory 

provisions as follows: 

1. Executive Order 12866 

The Office of Management and Budget 

(OMB) has exempted this rule from its 

review under Executive Order 12866. 

2. Paperwork Reduction Act 

This proposed action does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

because this proposed rule does not 

establish or modify any information or 

recordkeeping requirements for the 

regulated community and only seeks to 

authorize the pre-existing requirements 

under State law and imposes no 

additional requirements beyond those 

imposed by State law. Burden means 

the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing, and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An Agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in Title 40 of the CFR 

are listed in 40 CFR part 9. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of 

today’s proposed rule on small entities, 

small entity is defined as: (1) A small 

business defined by the Small Business 

Administration’s size regulations at 13 

CFR part 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. I certify that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

proposed rule will only have the effect 

of authorizing pre-existing requirements 

under State law and imposes no 

additional requirements beyond those 

imposed by State law. EPA continues to 

be interested in the potential impacts of 

the proposed rule on small entities and 

welcomes comments on issues related to 

such impacts. 

4. Unfunded Mandates Reform Act 

This proposed rule does not have any 

impacts as described in the Unfunded 

Mandates Reform Act because this rule 

codifies pre-existing requirements under 

State law and does not impose any 

additional enforceable duty beyond that 

required by State law. It does not 

contain any unfunded mandates or 

significantly or uniquely affects small 

governments. 

5. Executive Order 13132: Federalism 

This proposed rule does not have 

Federalism implications. It will not 

have substantial direct effects on the 

States, on the relationship between the 

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76686 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Proposed Rules 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). This rule proposes to authorize 

pre-existing State rules. Thus, Executive 

Order 13132 does not apply to this 

proposed rule. In the spirit of Executive 

Order 13132, and consistent with EPA 

policy to promote communications 

between EPA and State and local 

governments, EPA specifically solicits 

comment on this proposed rule from 

State and local officials. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ This proposed rule does 

not have Tribal implications, as 

specified in Executive Order 13175 

because EPA retains its authority over 

Indian Country. Thus, Executive Order 

13175 does not apply to this proposed 

rule. EPA specifically solicits additional 

comment on this proposed rule from 

Tribal officials. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it 

proposes to approve a state program. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272), 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 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 proposed 

rulemaking does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this proposed rule 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations. This proposed 

rule does not affect the level of 

protection provided to human health or 

the environment because this rule 

proposes to authorize pre-existing State 

rules which are no less stringent than 

existing Federal requirements. 

List of Subjects in 40 CFR Part 281 

Environmental protection, 

Administrative practice and procedure, 

Hazardous materials, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Authority: This notice is issued under the 

authority of Sections 2002(a), 7004(b), and 

9004 of the Solid Waste Disposal Act, as 

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

6991c. 

Dated: November 30, 2011. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2011–31531 Filed 12–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 830 

Notification and Reporting of Aircraft 

Accidents or Incidents and Overdue 

Aircraft, and Preservation of Aircraft 

Wreckage, Mail, Cargo, and Records 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The NTSB is proposing to 

amend its regulations concerning 

notification and reporting requirements 

with regard to aircraft accidents or 

incidents, found at paragraph (a)(10) of 

section 830.5, entitled, ‘‘Immediate 

notification.’’ Currently, 49 CFR 

830.5(a)(10) requires reports of Airborne 

Collision and Avoidance System 

(ACAS) advisories issued under certain 

specific circumstances. The NTSB now 

proposes to narrow the ACAS reporting 

requirement in section 830.5(a)(10). 

DATES: Submit comments on or before 

February 6, 2012. 

ADDRESSES: You may send comments 

using any of the following methods: 

1. Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

2. Mail: Mail comments concerning 

this proposed rule to Scott Dunham, 

AS–30, National Transportation Safety 

Board, 490 L’Enfant Plaza SW., 

Washington, DC 20594–2000. 

3. Fax: (202) 314–6308, Attention: 

Scott Dunham. 

4. Hand Delivery: 6th Floor, 490 

L’Enfant Plaza SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Scott Dunham, National Resource 

Specialist—ATC, Office of Aviation 

Safety, (202) 314–6387. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On January 7, 2010, the NTSB 

published a final rule entitled, 

‘‘Notification and Reporting of Aircraft 

Accidents or Incidents and Overdue 

Aircraft, and Preservation of Aircraft 

Wreckage, Mail, Cargo, and Records,’’ in 

the Federal Register (75 FR 922). The 

final rule implemented several changes 

to section 830.5, requiring immediate 

notification of a variety of specific 

incidents, one of which was certain 

ACAS advisories. In accordance with 

the Administrative Procedure Act, prior 

to issuing the final rule, the NTSB 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

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