[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Rules and Regulations]
[Pages 56086-56089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27702]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6176-6]


Idaho: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Idaho has applied for final authorization of the revision to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). This authorization addresses regulations 
promulgated between July 1, 1993 and July 1, 1996 with the exception of 
the Organic Air Emission Standards for Tanks, Surface Impoundments and 
Containers (Subpart CC standards). The EPA has reviewed Idaho's 
application and determined that its hazardous waste program revision 
satisfies all of the requirements necessary to qualify for final 
authorization. Unless adverse written comment is received during the 
review and comment period provided in this rule, EPA's decision to 
authorize Idaho's hazardous waste program revision will take effect.

DATES: This Final authorization for Idaho will become effective without 
further notice on January 19, 1999, if the EPA receives no adverse 
comment by November 20, 1998. Should the EPA receive adverse written 
comment, the EPA will withdraw this rule before the effective date by 
publishing a timely withdrawal in the Federal Register.

ADDRESSES: Mail written comments to Jeff Hunt, U.S. EPA, Region 10, 
1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone, (206) 
553-0256. Copies of the materials submitted by Idaho are available 
during normal business hours at the following locations: EPA Region 10 
Library, 1200 Sixth Avenue, Seattle, WA, 98101, phone (206) 553-1289 
and the Idaho Department of Health and Welfare, Division of 
Environmental Quality, Planning and Evaluation Division, 1410 N. 
Hilton, Boise, Idaho 83706, phone, (208) 373-0502 (Refer to Docket 
numbers: 0105-9401, 0105-9502, 0105-9601; contact is Pam Smolczynski).

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA Region 10, Office 
of Waste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM-
122, Seattle, WA, 98101; phone (206) 553-0256.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under Section 3006(b) of the RCRA, 
42 U.S. C. 6926(b), have a continuing obligation to maintain a 
hazardous waste program that is equivalent to, consistent with, and no 
less stringent than the Federal hazardous waste program. As the Federal 
hazardous waste program changes, the states must revise their programs 
and apply for authorization of the revisions. Revisions to state 
hazardous waste programs may be necessary when federal or state 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, states must revise their programs because 
of changes to the EPA's regulations in 40 Code of Federal Regulation 
(CFR) Parts 124, 260 through 266, 268, 270, 273 and 279.

B. Idaho

    Effective on April 9, 1990 (55 FR 11015, March 26, 1990), Idaho was 
granted final base authorization for those non-HSWA (Hazardous and 
Solid Waste Amendments of 1984) and HSWA requirements promulgated as of 
July 1, 1987, and interim authorization for the HSWA Corrective Action 
provisions promulgated as of July 1, 1987. Final authorization for 
those HSWA Corrective Action provisions was granted effective on June 
5, 1992 (57 FR 11580, April 6, 1992). Effective on August 10, 1992 (57 
FR 24757, June 11, 1992), Idaho was granted final authorization for 
those HSWA and non-HSWA provisions promulgated as of July 1, 1990. On 
March 30, 1995, Idaho was granted final authorization for HSWA and non-
HSWA provisions promulgated as of July 1, 1993.
    Through two codification actions dated December 6, 1990 (55 FR 
50327), and June 11, 1992 (57 FR 24757), the EPA has codified at 40 CFR 
272 Subpart N all authorization actions for the State of Idaho RCRA 
program, which reflect non-HSWA and HSWA requirements promulgated as of 
June 30, 1990.
    On September 17, 1996, the Administrator of the Idaho Division of 
Environmental Quality submitted a revised application to obtain final 
authorization for those non-HSWA and HSWA requirements promulgated as 
of July 1, 1995. This application was determined complete on October 
10, 1996. On October 11, 1996 a petition was submitted to the EPA 
asking that the EPA initiate withdrawal proceedings of Idaho's's 
authorization to administer Subtitle C of RCRA. The petition claimed 
that Idaho's Environmental Audit Protection Act warranted program 
withdrawal. Idaho's Environmental

[[Page 56087]]

Audit Protection Act expired on December 31, 1997 rendering the basis 
of the petition's assertions moot. No withdrawal proceedings were 
initiated.
    On October 3, 1997, Idaho submitted an updated program revision 
application, seeking authorization of its September 17, 1996 program 
revision amending it with additional regulations in accordance with 40 
CFR 271.21. The EPA reviewed Idaho's application, and now makes an 
immediate final decision, subject to receipt of adverse written 
comment, that Idaho's hazardous waste program revision satisfies all of 
the requirements necessary to qualify for Idaho's Authorization. 
Consequently, the EPA intends to grant Final Authorization for the 
program modifications contained in the revision.
    The public may submit written comments on EPA's final decision 
until November 20, 1998. Copies of Idaho's application for program 
revision are available for inspection and copying at the locations 
indicated in the ADDRESSES section of this document.
    If the EPA does not receive adverse written comment pertaining to 
Idaho's program revision by the end of the comment period, the 
authorization of Idaho's revision will become effective 90 days from 
the date this document is published and EPA will take no further action 
on the companion document appearing in the Proposed Rules Section of 
today's Federal Register. If the Agency does receive adverse written 
comment, it will publish a document withdrawing this immediate final 
rule before its effective date. The EPA will then address the comments 
in a later final rule based on the companion document appearing in the 
Proposed Rules section of today's Federal Register. The EPA may not 
provide additional opportunity for comment. Any parties interested in 
commenting should do so at this time.
    This revision maintains Idaho's regulatory equivalency with the 
federal RCRA program by incorporating by reference all delegable 
hazardous waste regulations revised between July 1, 1993 through July 
1, 1996 with the exception of the Organic Air Emission Standards for 
Tanks, Surface Impoundments, and Containers (59 FR 62896). The 
following table identifies all the Federal provisions being requested 
for authorization and are effective state law.

------------------------------------------------------------------------
 Federal Citation as incorporated by Idaho with Idaho      State rule
              annotations and exceptions               Citation  (IDAPA)
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40 CFR Part 260
    All subparts as of July 1, 1996. For the purposes
     of 40 CFR 260.22, Federal Register shall be
     defined as the Idaho Administrative Bulletin....       16.01.05.004
40 CFR Part 261
    All subparts including appendices as of July 1,
     1996. Idaho has adopted a state-specific rule
     which delists chemically stabilized K061 waste
     at EnviroSafe Services of Idaho, Inc............       16.01.05.005
40 CFR Part 262
    All subparts as of July 1, 1996 except reference
     to 40 CFR 265 Subpart CC and that advance
     notification, annual reports, and exception
     reports in accordance with 262.53, 262.55, and
     262.56 shall be filed with the EPA Regional
     Administrator and the Director of IDHW shall be
     copied. All references to EPA in 262.51,
     262.54(g)(1) and 262.57(b) shall remain defined
     as EPA. In addition to the Emergency
     Notification Requirements in 40 CFR
     262.34(a)(4), the State Communications Center
     must also be contacted at 1-800-362-8000........       16.01.05.006
40 CFR Part 263
    All subparts as of July 1, 1996..................       16.01.05.007
40 CFR Part 264
    All subparts as of July 1, 1996 except 264.149,
     264.150, 264.301(l) and Subpart CC. All
     references to the Regional Administrator in
     264.12(a) shall be defined as the EPA Regional
     Administrator...................................       16.01.05.008
40 CFR Part 265
    All subparts except Subpart R, Subpart CC,
     265.149 and 265.150 as of July 1, 1996..........       16.01.05.009
40 CFR Part 266
    All subparts except Subparts A and B as of July
     1, 1996.........................................       16.01.05.010
40 CFR Part 268
    All subparts except 268.1(e)(3), 268.5, 268.6,
     and 268.42(b)as of July 1, 1996. If the
     Administrator of EPA grants a case-by-case
     variance pursuant to 268.5, that variance will
     simultaneously create the same case-by-case
     variance in the equivalent Idaho rule...........       16.01.05.011
40 CFR Part 270
    All subparts as of July 1, 1996 except reference
     to 40 CFR 264 Subpart CC and 40 CFR 265 Subpart
     CC. For purposes of 40 CFR 270.2, 270.5,
     270.10(e)(2), 270.10(e)(3), 270.10(f)(3),
     270.72(a)(5) and 270.72(b)(5), EPA shall remain
     defined as EPA..................................       16.01.05.012
40 CFR Part 273
    All subparts as of July 1, 1996..................       16.01.05.016
40 CFR Part 279
    All subparts as of July 1, 1996..................       16.01.05.015
40 CFR Part 124
    Subparts A and B only as of July 1, 1996, except
     that the fourth sentence of 40 CFR 124.31(a),
     the third sentence of 40 CFR 124.32(a), and the
     second sentence of 40 CFR 124.33(a) are
     expressly omitted from the incorporation by
     reference of each of those subsections. For
     purposes of 40 CFR 124.6(e), 124.10(b) and
     124.10(c)(1)(ii) EPA shall remain defined as EPA       16.01.05.013
RCRA 3005(j).........................................       16.01.05.014
RCRA 3006(f).........................................       16.01.05.997
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[[Page 56088]]

    The State of Idaho is not being authorized to operate in any Indian 
country.

C. Decision

    I conclude that Idaho's application for program revision 
authorization meets all of the statutory and regulatory requirements 
established by RCRA. Accordingly, the EPA grants Idaho Final 
Authorization to operate its hazardous waste program as revised. Idaho 
now has responsibility for permitting treatment, storage, and disposal 
facilities within its borders (except in Indian country) and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the HSWA. Any 
subsequent changes to the Federal program that occurred after July 1, 
1996 are not part of Idaho's authorized RCRA program. Idaho also has 
primary enforcement responsibilities, although the EPA retains the 
right to conduct inspections under section 3007 of RCRA, 42 U.S.C. 
6927, and to take enforcement actions under sections 3008, 3013 and 
7003 of RCRA, 42 U.S.C. 6928, 6934 and 6973.

D. Codification in Part 272

    The EPA uses 40 CFR part 272 for codification of the decision to 
authorize Idaho's program and for incorporation by reference of those 
provisions of its statutes and regulations the EPA will enforce under 
sections 3008, 3013 and 7003 of RCRA. The EPA reserves amendment of 40 
CFR part 272, Subpart N until a later date.

E. Unfunded Mandates

    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

F. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601, et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency is required to publish a notice of proposed 
rulemaking under the Administrative Procedure Act or any other statute, 
it must prepare and make available for public comment a regulatory 
flexibility analysis that describes the effect of the rule on small 
entities (i.e., small businesses, small organizations, and small 
governmental jurisdictions). This analysis is not required, however, if 
the agency's administrator certifies that the rule will not have a 
significant economic impact on a substantial number of small entities.
    The EPA has determined that this rule will not have a significant 
economic impact on a substantial number of small entities. Today's rule 
does not impose any federal requirements on regulated entities, whether 
large or small. Instead, today's rule effects an administrative change 
by authorizing the State to implement its hazardous waste program in 
lieu of the Federal RCRA program. Today's rule carries out Congress' 
intent under RCRA that states should be authorized to implement their 
own hazardous waste programs as long as those programs are equivalent 
to, and no less stringent than, the Federal hazardous waste program. In 
this case, to the extent that the State's hazardous waste program is 
more stringent than the Federal program, any new requirements imposed 
on the regulated community apply by virtue of state law, not because of 
any new Federal requirement imposed pursuant to today's rule.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. This rule, therefore, does not 
require a regulatory flexibility analysis.

G. Submission to Congress and the Comptroller General

    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. EPA will submit a report containing this rule 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 of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

H. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.

I. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

J. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``'economically significant''' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involve decisions intended to mitigate environmental health or safety 
risks.

K. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the

[[Page 56089]]

Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, representatives of Indian tribal governments 
``to provide meaningful and timely input in the development of 
regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

L. Paperwork Reduction Act

    Under the Paperwork Reduction act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

M. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 section 12(d) (15 U.S.C. 
272) directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be standards inconsistent 
with applicable law or otherwise impractical. Voluntary consensus 
standard are technical standards (e.g., materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards 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 action does not involve technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous Waste 
transportation, Indian land, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This document 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: October 6, 1998.
Chuck Clarke,
Regional Administrator, U.S. Environmental Protection Agency, Region 
10.
[FR Doc. 98-27702 Filed 10-20-98; 8:45 am]
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