[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44071-44073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20211]
[[Page 44071]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7031-5]
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 to EPA for Final authorization of changes to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has determined that these changes satisfy all
requirements needed to qualify for Final authorization, and is
authorizing the State's changes through this immediate final action.
EPA is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial and do not
expect comments that oppose it. Unless we get written comments which
oppose this authorization during the comment period, the decision to
authorize Idaho's changes to their hazardous waste program will take
effect as provided below. If we get comments that oppose this action,
we will publish a document in the Federal Register withdrawing this
rule before it takes effect and a separate document in the proposed
rules section of this Federal Register will serve as a proposal to
authorize the changes.
DATES: This final authorization will become effective on November 20,
2001 unless EPA receives adverse written comment by September 21, 2001.
If EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Send written comments to Jeff Hunt, U.S. EPA, Region 10,
1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone, (206)
553-0256. You can view and copy Idaho's application from 9 a.m. to 4
p.m. at the following addresses: Idaho Department of Environmental
Quality, 1410 N. Hilton, Boise, Idaho 83706, phone, (208) 373-0502 and
EPA Region 10, Library, 1200 Sixth Avenue, Seattle, WA, 98101, phone
(206) 553-1289.
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, 206-553-0256.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from 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 EPA to authorize the 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
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Idaho's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Idaho final authorization to
operate its hazardous waste program with the changes described in the
regulations submitted for authorization. Idaho has responsibility for
permitting Treatment, Storage, and Disposal Facilities (TSDFs) 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 Hazardous and Solid Waste Amendments
of 1984 (HSWA). New Federal requirements and prohibitions imposed by
Federal regulations that EPA promulgates under the authority of HSWA
take effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Idaho, including issuing permits, until the State is
granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Idaho subject to
RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Idaho has enforcement responsibilities under its State hazardous
waste program for violations of such program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Idaho is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes. If EPA receives comments which
oppose this authorization, or portion(s) thereof, that document will
serve as a proposal to authorize such changes.
E. What Happens If EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, we may withdraw
that part of this rule, but the authorization of the program changes
that the comments do not oppose will become effective on the date
specified above. The Federal Register withdrawal document will specify
which part of the authorization will become effective, and which part
is being withdrawn.
F. What Has Idaho Previously Been Authorized for?
Idaho initially received final authorization on March 26, 1990,
effective April 9, 1990 (55 FR 11015) to implement the RCRA hazardous
waste management program. We granted
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authorization for changes to their program on April 6, 1992, effective
June 5, 1992 (57 FR 11580), June 11, 1992, effective August 10, 1992
(57 FR 24757), April 12, 1995, effective June 11, 1995 (60 FR 18549),
and October 21, 1998, effective January 19, 1999 (63 FR 56086).
Through three codification actions dated December 6, 1990 (55 FR
50327), June 11, 1992 (57 FR 24757), and June 25, 1999 (64 FR 34180)
the EPA has codified at 40 CFR part 272, subpart N all authorization
actions for the State of Idaho RCRA program, which reflect non-HSWA and
HSWA requirements promulgated as of July 1, 1996, with the exception of
the Organic Air Emission Standards for Tanks, Surface Impoundments and
Containers (subpart CC standards).
G. What Changes Are We Authorizing With Today's Action?
On May 1, 2001, Idaho submitted a final complete program revision
application, seeking authorization of their changes in accordance with
40 CFR 271.21. We now make an immediate final decision, subject to
receipt of written comments that oppose this action, that Idaho's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Therefore, we grant Idaho
final authorization for all delegable hazardous waste regulations
promulgated as of July 1, 1998, as incorporated by reference in IDAPA
16.01.05.(002)-(016) and 16.01.05.997.\1\
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\1\ Sections of the Federal hazardous waste program are not
delegable to the states. These sections are 40 CFR part 262,
subparts E, F, & H; 40 CFR 268.5; 40 CFR 268.42(b); 40 CFR
268.44(a)-(g); and 40 CFR 268.6. Authority for implementing the
provisions contained in these sections remains with EPA.
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H. What Are the State Rules That Are Not Authorized?
Any subsequent changes to the Federal program that occurred after
July 1, 1998 are not part of Idaho's authorized RCRA program. EPA is
not authorizing IDAPA 16.01.05.000; 16.01.05.001; 16.01.05.006.02;
16.01.05.015.02(a), (b); 16.01.05.(017)-(996); 16.01.05.998; and
16.01.05.999.
I. Who Handles Permits After the Authorization Takes Effect?
Idaho will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization until
the timing and process for effective transfer to the State are mutually
agreed upon. Until such time as formal transfer of the EPA permit
responsibility to the State occurs, EPA and the State agree to
coordinate the administration of permits in order to maintain
consistency. EPA will continue to implement and issue permits for HSWA
requirements for which Idaho is not yet authorized.
J. How Does Today's 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 within the State. Therefore, this action has no effect
on Indian country. EPA will continue to implement and administer the
RCRA program in these lands.
K. What Is Codification and Is EPA Codifying Idaho's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart N for the codification of Idaho's program
changes until a later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This action 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 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The 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 document 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 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
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action will be effective November 20, 2001.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian 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).
Dated: August 1, 2001.
Charles E. Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 01-20211 Filed 8-21-01; 8:45 am]
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