[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.
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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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