[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50794-50797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20726]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2015-0307; FRL-9932-87-Region 10]


Idaho: Final Authorization of State Hazardous Waste Management 
Program; Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Idaho applied to the Environmental Protection Agency (EPA) for 
final authorization of certain changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. On 
June 2, 2015, the EPA published a proposed rule to authorize the 
changes and opened a public comment period under Docket ID No. EPA-R10-
RCRA-2015-0307. The comment period closed on July 2, 2015. The EPA 
received no comments on the proposed rule. The EPA has determined that 
the revisions to the Idaho hazardous waste management program satisfy 
all the requirements necessary to qualify for final authorization. The 
EPA is approving these revisions to Idaho's authorized hazardous waste 
management program in this final rule.

DATES: Final authorization for the revisions to the hazardous waste 
management program in Idaho shall be effective at 1 p.m. EST on 
September 21, 2015.

ADDRESSES: Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information 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 www.regulations.gov or 
in hard copy at the EPA Region 10 Library, 1200 Sixth Avenue, Suite 
900, Seattle, Washington 98101. The EPA Region 10 Library is open from 
9:00 a.m. to noon, and 1:00 to 4:00 p.m. pst Monday through Friday, 
excluding legal holidays. The EPA Region 10 Library telephone number is 
(206) 553-1289.

FOR FURTHER INFORMATION CONTACT: Barbara McCullough, U.S. EPA, Region 
10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT-150, Seattle, 
Washington 98101, email: [email protected], phone number (206) 
553-2416.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States which have received final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal program. As the Federal program changes, 
states must change their programs and ask the EPA to authorize their 
changes. Changes to state programs may be necessary when Federal or 
state statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, states must change their programs 
because of changes to the EPA's regulations codified in Title 40 of the 
Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, 
and 279.
    Idaho's hazardous waste management program received final 
authorization effective on April 9, 1990 (55 FR 11015, March 29, 1990). 
Subsequently, the EPA authorized revisions to the State's program 
effective June 5, 1992 (57 FR 11580, April 6, 1992), August 10, 1992 
(57 FR 24757, June 11, 1992), June 11, 1995 (60 FR 18549, April 12, 
1995), January 19, 1999 (63 FR 56086, October 21, 1998), July 1, 2002 
(67 FR 44069, July 1, 2002), March 10, 2004 (69 FR 11322, March 10, 
2004), July 22, 2005 (70 FR 42273, July 22, 2005), February 26, 2007 
(72 FR 8283, February 26, 2007), December 23, 2008 (73 FR 78647, 
December 23, 2008), and July 11, 2012 (77 FR 34229, June 11, 2012).
    This final rule addresses a program revision application that Idaho 
submitted to the EPA in February 2015, in accordance with 40 CFR 
271.21, seeking authorization of changes to the State program. On June 
2, 2015, the EPA published a proposed rule (80 FR 31338) stating the 
Agency's intent to grant final authorization for revisions to Idaho's 
hazardous waste management program. The public comment period on this 
proposed rule ended on July 2, 2015, with no comments received.

B. What decisions have we made in this final rule concerning 
authorization?

    The EPA has made a final determination that Idaho's revisions to 
its authorized hazardous waste management program meet all the 
statutory and regulatory requirements established by RCRA for 
authorization. Therefore, the EPA is authorizing the revised State of 
Idaho hazardous waste management program for all delegable Federal 
hazardous waste regulations codified by Idaho as of July 1, 2013, as 
described in the Attorney General's Statement in the February 2015 
program revision application, and as discussed in Section E of this 
rule. Idaho's authorized program will be responsible for carrying out 
the aspects of the RCRA program described in its program revision 
application subject to the limitations of RCRA, including the Hazardous 
and Solid Waste Amendments (HSWA) 42 U.S.C. 6924, et seq. (1984). New 
Federal requirements and prohibitions imposed by Federal regulations 
that the EPA promulgates under the authority of HSWA, and which are not 
less stringent than existing requirements, take effect in authorized 
states before the states are authorized for the requirements. Thus, the 
EPA will implement those requirements and prohibitions in Idaho, 
including issuing permits, until the State is granted authorization to 
do so.

C. What will be the effect of this action?

    The effect of this action is that a facility in Idaho subject to 
RCRA must comply with the authorized state program requirements in lieu 
of the corresponding Federal requirements to comply with RCRA. 
Additionally, such persons must comply with any applicable Federal 
requirements, such as, for example, HSWA regulations issued by the EPA 
for which the State has not received authorization, and RCRA 
requirements that are not supplanted by authorized state requirements. 
Idaho continues to have enforcement responsibilities under its state 
hazardous waste management program for violations of this program, but 
the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable 
statutory and regulatory provisions, which includes, among others, the 
authority to:
     Conduct inspections;
     Require monitoring, tests, analyses, or reports;
     Enforce RCRA requirements;
     Suspend, terminate, modify or revoke permits; and

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     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This final action authorizing these revisions will not impose 
additional requirements on the regulated community because the 
regulations for which Idaho will be authorized are already effective 
under state law and are not changed by the act of authorization.

D. What rules are we authorizing with this action?

    On February 11, 2015, Idaho submitted a program revision 
application to the EPA requesting authorization for all delegable 
Federal hazardous waste regulations codified as of July 1, 2012, 
incorporated by reference in IDAPA 58.01.05.000, et seq, which were 
adopted and effective in the State of Idaho on April 4, 2013. This 
authorization revision request includes the following federal rules for 
which Idaho is being authorized for the first time: Removal of 
Saccharin and its Salts from the Lists of Hazardous Constituents, 
Hazardous Wastes, and Hazardous Substances, 75 FR 78918, December 17, 
2010; Technical Corrections to the Academics Lab Rule, 75 FR 79304, 
December 20, 2010; Revisions to the Treatment Standards for Carbamate 
Wastes, 76 FR 34147, June, 13, 2011; Hazardous Waste Manifest Printing 
Specifications Corrections, 76 FR 36363, June 22, 2011; and Hazardous 
Waste Technical Corrections and Clarifications Rule, 77 FR 22229, April 
13, 2012. The EPA is authorizing the state's hazardous waste program in 
its entirety through July 1, 2013. There were no final federal RCRA 
hazardous waste regulations promulgated by the EPA from July 1, 2012 to 
July 1, 2013.

E. Where are the revised state rules different from the Federal rules?

    Under RCRA Section 3009, the EPA may not authorize state law that 
is less stringent than the Federal program. Any state law that is less 
stringent does not supplant the Federal regulations. State law that is 
broader in scope than the Federal program requirements is not 
authorized. State law that is equivalent to, and state law that is more 
stringent than, the Federal program may be authorized, in which case 
those provisions are enforceable by the EPA. This section discusses 
certain rules where the EPA has made the finding that Idaho's program 
is more stringent and will be authorized, and discusses certain 
portions of the Federal program that are not delegable to the State 
because of the Federal government's special role in foreign policy 
matters and because of national concerns that arise with certain 
decisions.
    The EPA does not authorize states to administer Federal import and 
export functions in any section of the RCRA hazardous waste 
regulations. Even though states do not receive authorization to 
administer the Federal government's import and export functions, found 
in 40 CFR part 262, subparts E, F and H, state programs are required to 
adopt the Federal import and export provisions to maintain their 
equivalency with the Federal program. Idaho amended its import and 
export laws to include the Federal rule on Organization for Economic 
Cooperation and Development (OECD) Requirements; Export Shipments of 
Spend Lead-Acid Batteries (75 FR 1236, January 8, 2010). The State's 
rule is found at IDAPA 58.01.05.006. The EPA will continue to implement 
those requirements directly through the RCRA regulations.
    The EPA has found that Idaho's Emergency Notification Requirements 
(IDAPA 58.01.05.006.02), are more stringent than the Federal program. 
This is because the State's regulations require that the State 
Communications Center be contacted along with the Federal Center. The 
EPA has found the State's statutory requirement requiring hazardous 
waste generators and commercial hazardous waste disposal facilities to 
file annual hazardous waste generation reports, Idaho Code Sec.  39-
4411(4) and 39-4411(5), to be more stringent than the Federal program. 
As the EPA can authorize rules that are determined to be more stringent 
than the Federal program, these requirements are authorized.

F. Who handles permits after the authorization takes effect?

    Idaho will continue to issue permits for all the provisions for 
which it is authorized and administer the permits it issues. If the EPA 
issued permits prior to authorizing Idaho for these revisions, these 
permits would continue in force until the effective date of the State's 
issuance or denial of a state hazardous waste permit, at which time the 
EPA would modify the existing EPA permit to expire at an earlier date, 
terminate the existing EPA permit for cause, or allow the existing EPA 
permit to otherwise expire by its terms, except for those facilities 
located in Indian Country. The EPA will not issue new permits or new 
portions of permits for provisions for which Idaho is authorized after 
the effective date of this authorization. The EPA will continue to 
implement and issue permits for HSWA requirements for which Idaho is 
not yet authorized.

G. How does this action affect Indian country (18 U.S.C. 1151) in 
Idaho?

    Idaho is not authorized to carry out its hazardous waste program in 
Indian country, as defined in 18 U.S.C. 1151. Indian country includes:
    1. All lands within the exterior boundaries of Indian reservations 
within or abutting the State of Idaho;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation, that 
qualifies as Indian country.
    Therefore, this action has no effect on Indian country. The EPA 
will continue to implement and administer the RCRA program on these 
lands.

H. Statutory and Executive Order Reviews

    This final rule revises the State of Idaho's authorized hazardous 
waste management program pursuant to Section 3006 of RCRA and imposes 
no requirements other than those currently imposed by state law. This 
final rule complies with applicable executive orders and statutory 
provisions as follows:

1. Executive Order 12866 and 13563

    This action authorizes revisions to the federally approved 
hazardous waste program in Idaho. This type of action is exempt from 
review under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), 
and Executive Order 13563 (76 FR 3821, January 21, 2011).

2. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This final rule does not 
establish or modify any information or recordkeeping requirements for 
the regulated community.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et 
seq., 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 
this

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final rule on small entities, small entity is defined as: (1) A small 
business, as codified in the Small Business Size Regulations at 13 CFR 
part 121; (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-for-profit enterprise which is independently owned and operated 
and is not dominant in its field. The EPA has determined that this 
action will not have a significant impact on small entities because the 
final rule will only have the effect of authorizing existing 
requirements under state law and imposes no additional requirements 
beyond those imposed by state law. After considering the economic 
impacts of this action, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or tribal governments or the private 
sector. This action imposes no new enforceable duty on any state, local 
or tribal governments or the private sector. Therefore, this action is 
not subject to the requirements of sections 202 or 205 of the UMRA. 
This action is also not subject to the requirements of Section 203 of 
the UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small government entities.

5. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This final rule authorizes existing 
state rules. Thus, Executive Order 13132 does not apply to this action. 
In the spirit of Executive Order 13132, and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicited comment on the proposed 
action from state and local officials but did not receive any comments.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive order 13175, because the EPA retains its authority over 
Indian Country and does not authorize the state to implement its 
authorized program in Indian Country within the state's boundaries. 
Thus, the EPA has determined that Executive Order 13175 does not apply 
to this final rule. The EPA specifically solicited comment on the 
proposed rule from tribal officials and received no comments.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The 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 EO 13045 because it approves a state program 
and is authorizing existing state rules.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (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, Section 12(d) (15 U.S.C. 
272 note) directs the 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 the EPA to 
provide Congress, through the 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.

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 action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action authorizes existing state rules which are 
equivalent to, and no less stringent than existing federal 
requirements.

11. Congressional Review Act

    Congressional Review Act (CRA), 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. The EPA will submit a report containing 
this rule and other required information to the US Senate, the US 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective September 15, 2015.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action 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).


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    Dated: August 11, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2015-20726 Filed 8-20-15; 8:45 am]
 BILLING CODE 6560-50-P