[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Rules and Regulations]
[Pages 18549-18550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8606]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5185-3]


Idaho; Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Idaho has applied for final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed Idaho's application and has made a decision, 
subject to public review and comment, that Idaho's hazardous waste 
program revision satisfies all of the requirements necessary to qualify 
for final authorization. Thus, EPA intends to approve Idaho's hazardous 
waste program revisions. Idaho's application for program revision is 
available for public review and comment.

DATES: Final authorization for Idaho shall be effective June 11, 1995 
unless EPA publishes a prior Federal Register action withdrawing this 
immediate final rule. All comments on Idaho's program revision 
application must be received by the close of business May 12, 1995.

ADDRESSES: Copies of Idaho's program revision application are available 
Monday through Friday, 8 a.m. to 5 p.m., at the following addresses for 
inspection and copying: Idaho Department of Health and Welfare, 
Division of Environmental Quality, Technical Services Bureau, 1410 N. 
Hilton, Boise, Idaho 83706-1290; phone: (208) 334-5898; USEPA Region 
10, Record Center M/S HW-070, 1200 Sixth Avenue, Seattle, WA 98101; 
phone: (206) 553-4763. Written comments should be sent to Michael Le, 
USEPA, Region 10, 1200 Sixth Avenue, Mail Stop HW-107, Seattle, WA 
98101; phone: (206) 553-1099.

FOR FURTHER INFORMATION CONTACT: Michael Le, USEPA, Region 10, 1200 
Sixth Avenue, Mail Stop HW-107, Seattle, WA 98101; phone: (206) 553-
1099.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA or ``the Act''), 42 
U.S.C. 6929(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal [[Page 18550]] hazardous waste program. In 
addition, as an interim measure, the Hazardous and Solid Waste 
Amendments of 1984 (Pub. L. 98-616, November 8, 1984, hereinafter 
``HSWA'') allows States to revise their programs to become 
substantially equivalent instead of equivalent to RCRA requirements 
promulgated under HSWA authority. States exercising the latter option 
receive ``interim authorization'' for the HSWA requirements under 
section 3006(g) of RCRA, 42 U.S.C. 6926(g), and later apply for final 
authorization for the HSWA requirements.
    Revisions to State hazardous waste programs are necessary when 
Federal or State statutory or regulatory authority is modified or when 
certain other changes occur. Most commonly, State program revisions are 
necessitated by changes to EPA's regulations in 40 CFR parts 260-266, 
268, 124 and 270.

B. Idaho

    Effective on April 9, 1990, Idaho received final authorization for 
the base program, non-HSWA and HSWA requirements promulgated as of July 
1, 1987 and interim authorization for those HSWA corrective action 
provisions of section 3004(u), promulgated as of July 7, 1987 (see 55 
FR 11015 dated March 26, 1990). Effective on June 5, 1992, Idaho 
received final authorization for those HSWA corrective action 
provisions of section 3004(u) promulgated as of July 7, 1987 (see 57 FR 
11580 dated April 6, 1992). Effective on August 10, 1992, Idaho 
received final authorization for those HSWA and non-HSWA federal 
provisions promulgated during the period of July 1, 1987 to June 30, 
1990 (see 57 FR 24757 dated June 11, 1992). On January 12, 1995, Idaho 
submitted its program revision application for all RCRA (non-HSWA and 
HSWA) federal provisions promulgated during the period of July 1, 1990 
to June 30, 1993. Today, Idaho is seeking approval of its program 
revision in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Idaho's application, and has made an immediate 
final decision that Idaho's hazardous waste program revision satisfies 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant final authorization for the 
additional program modifications to Idaho. The public may submit 
written comments on EPA's immediate final decision up until May 12, 
1995. Copies of Idaho's application for program revision are available 
for inspection and copying at the locations indicated in the 
``Addresses'' section of this notice.
    Approval of Idaho's program revision shall become effective in 60 
days unless an adverse comment pertaining to the State's revision 
discussed in this notice is received by the end of the comment period. 
If an adverse comment is received EPA will publish either (1) a 
withdrawal of the immediate final decision or (2) a notice containing a 
response to comments which either affirms that the immediate final 
decision takes effect or reverses the decision.
    Idaho's revision application includes all those RCRA federal 
provisions promulgated during the period of July 1, 1990 through June 
30, 1993. To insure state consistency with federal regulations, the 
Idaho Board of Health and Welfare's regulatory rule-making incorporated 
by reference those delegable Federal Regulations in 40 CFR parts 124, 
260-266, 268, and 270 that were promulgated and codified in the Code of 
Federal Regulations, as of June 30, 1993. Thus, at this time, the State 
is not seeking authorization for any changes made to the Federal 
program after July 1, 1993. Therefore, the scope, structure, coverage 
and processes of the Idaho hazardous waste management program is 
virtually identical to the federal provisions through June 30, 1993.
    The Idaho Department of Health and Welfare Rules, Title 1, Chapter 
5, ``Rules and Standards for Hazardous Waste'' incorporate by reference 
all federal RCRA regulations required for final authorization through 
July 1, 1993. Accordingly, the State rules are equivalent to the 
federal regulations. Idaho Administrative Procedures Act, IDAPA 
16.01.05.000 et seq. The more substantive changes included in this 
revision application are: Wood Preserving Listings, Land Disposal 
Restrictions for Newly Listed Waste and Hazardous Debris, Recycled Used 
Oil Management Standards, and Corrective Action Management Units and 
Temporary Units. These regulatory changes in this program revision 
became State regulations effective on February 11, 1994 and amended on 
June 1, 1994.
    This program revision will not authorize the State to operate the 
RCRA program over any Indian lands; this authority remains with EPA.

C. Decision

    I conclude that Idaho's application for program revision meets all 
of the statutory and regulatory requirements established by RCRA. 
Accordingly, Idaho is granted final authorization to operate its 
hazardous waste program as revised.
    Idaho now has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and carrying out the aspects of 
the RCRA program described in its revised program application, subject 
to the limitations of the HSWA. Idaho also has primary enforcement 
responsibilities, although EPA retains the right to conduct inspections 
under section 3007 of RCRA and to take enforcement actions under 
sections 3008, 3013 and 7003 of RCRA.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Idaho's program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. It does not impose any new 
burdens on small entities. This rule, therefore, does not require a 
regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

    Administrative practice and procedure, Confidential business 
information, Hazardous materials transportation, Hazardous waste, 
Indian lands, Intergovernmental relations, Penalties, Reporting and 
recordkeeping requirements, Water pollution control, Water supply.

    Authority: This notice is issued under the authority of Sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

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