[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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