Ocean Dumping; De-Designation of Ocean Dredged Material Disposal Sites and Designation of New Sites; Correction, 37696-37698 [05-12941]

Download as PDF 37696 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of the FFDCA. For these same reasons, the Agency has determined that this rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. V. Congressional Review Act 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 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 this final rule in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 and pests, Reporting and recordkeeping requirements. Dated: June 21, 2005. Losi Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I PART 180—Tolerances and exemptions from tolerances for pesticide chemicals in food 1. The authority citation for part 180 continues to read as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. Subpart C—[Amended] § 180.110 [Amended] 2. In § 180.110, in the table to paragraph (b), amend the entry for walnut by revising the expiration date ‘‘12/31/05’’ to read ‘‘12/31/07.’’ I § 180.209 [Amended] 3. In § 180.209, in the table to paragraph (b), amend the entry for watermelon by revising the expiration date ‘‘6/30/05’’ to read ‘‘6/30/07.’’ I § 180.442 [Amended] 4. In § 180.442, in the table to paragraph (b), amend the entry for sweet potato, roots by revising the expiration date ‘‘12/31/05’’ to read ‘‘12/31/08.’’ I § 180.443 [Amended] 5. In § 180.443, in the table to paragraph (b), amend the entry for pepper by revising the expiration date ‘‘6/30/05’’ to read ‘‘6/30/08.’’ I § 180.474 [Amended] 6. In § 180.474, in the table to paragraph (b), amend the entries for barley, grain; barley, hay; barley, straw; wheat, hay; and wheat, straw by revising the expiration date ‘‘06/30/05’’ to read ‘‘6/30/08.’’ I § 180.1240 Thymol; exemption from the requirement of a tolerance. Time-limited exemptions from the requirement of a tolerance are established for residues of thymol on honey and honeycomb in connection with use of the pesticide under section 18 emergency exemptions granted by the EPA. These time-limited exemptions from the requirement of a tolerance for residues of thymol will expire and are revoked on June 30, 2007. I 10. Section 180.1241 is revised to read as follows: § 180.1241 Eucalyptus oil; exemption from the requirement of a tolerance. Time-limited exemptions from the requirement of a tolerance are established for residues of eucalyptus oil on honey and honeycomb in connection with use of the pesticide under section 18 emergency exemptions granted by the EPA. These time-limited exemptions from the requirement of a tolerance for residues of eucalyptus oil will expire and are revoked on June 30, 2007. [FR Doc. 05–12919 Filed 6–29–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 228 [FRL–7930–7] Ocean Dumping; De-Designation of Ocean Dredged Material Disposal Sites and Designation of New Sites; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: SUMMARY: In the Federal Register on March 15, 2005 (70 FR 12632), the Environmental Protection Agency (EPA) proposed to correct a final rule that appeared in the Federal Register of March 2, 2005 (70 FR 10041). The § 180.510 [Amended] document de-designated certain ocean I 7. In § 180.510, in the table to dredged material disposal sites and paragraph (b), amend the entry for bean, designated new sites located off the succulent by revising the expiration date mouth of the Columbia River near the ‘‘6/30/05’’ to read ‘‘6/30/08.’’ states of Oregon and Washington. The coordinates for one of those sites, the § 180.527 [Amended] Shallow Water site, contained a I 8. In § 180.527, in the table to typographical error in the Overall Site paragraph (b), for all the entries, revise Coordinates. In today’s final rule, EPA the expiration date ‘‘6/30/05’’ to read ‘‘6/ finalizes the correction of the 30/07.’’ coordinates for the Shallow Water site. DATES: This final rule is effective June Subpart D—[Amended] 30, 2005. ADDRESSES: EPA has established a I 9. Section 180.1240 is revised to read docket for this action which is available as follows: PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations for inspection at the EPA Region 10 Seattle Office. For access to the docket, contact John Malek, Ocean Dumping Coordinator, U.S. Environmental Protection Agency, Region 10 (EPTA– 083), 1200 Sixth Avenue, Seattle, WA 98101–1128, telephone at (206) 553– 1286, e-mail: malek.john@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information In the Federal Register of Tuesday, March 15, 2005 (70 FR 12632), EPA proposed to correct a typographical error in the coordinates for the Shallow Water site, designated as an ocean dredged material disposal site by EPA on Wednesday, March 2, 2005 (70 FR 10041)—EPA’s final rule to de-designate and to designate ocean dredged material disposal sites off the mouth of the Columbia River near the states of Oregon and Washington. The typographical error was printed in the Overall Site Coordinates for the Shallow Water site as published on page 10055 in Federal Register. EPA did not receive any comments on the proposed correction. Today, EPA finalizes the correction of the typographical error. II. Statutory and Executive Order Reviews 1. Executive Order 12866 Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is ‘‘significant’’ and, therefore, subject to OMB review and the requirements of the Executive Order. The Order defines ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. It has been determined that this final rule, which is a technical correction, is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is, therefore, not subject to OMB review. VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 2. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to minimize the reporting and recordkeeping burden on the regulated community, as well as to minimize the cost of Federal information collection and dissemination. In general, the Act requires that information requests and recordkeeping requirements affecting ten or more non-Federal respondents be approved by OPM. Since the final rule does not establish or modify any information or recordkeeping requirements, it is not subject to the provisions of the Paperwork Reduction Act. 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 today’s 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 that 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. EPA has determined that this final rule, a technical correction, will not have a significant impact on small entities. After considering the economic impacts of today’s rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. 4. Unfunded Mandates Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104–4) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 37697 with ‘‘Federal mandates’’ that may result in expenditures to State, local and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any year. Before promulgating an EPA rule for which a written statement is needed, Section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why the alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA, a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This final rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local or tribal governments or the private sector. It imposes no new enforceable duty on any State, local or tribal government or the private sector. EPA has also determined that this final rule contains no regulatory requirements that might significantly or uniquely affect small government entities. Thus, the requirements of section 203 of the UMRA do not apply to this rule. 5. Congressional Review Act 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 action 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 action in the Federal Register. A major rule E:\FR\FM\30JNR1.SGM 30JNR1 37698 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations 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 action will be effective immediately upon publication in the Federal Register. 6. Executive Order 13132: Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that 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 various levels of government.’’ This final rule, a technical correction, 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 various levels of government, as specified in Executive Order 13132. Thus, Executive Order 13132 does not apply to this rule. 7. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This final rule does not have tribal implications, as specified in Executive Order 13175. The final rule is a technical correction and does not establish any regulatory policy with tribal implications. Thus, Executive Order 13175 does not apply to this rule. 8. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks Executive Order 13045 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 VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This final rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866 and because the Agency does not have reason to believe the environmental health or safety risks addressed by this final action, a technical correction, present a disproportionate risk to children. 9. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a ‘‘significant regulatory action’’ as defined under Executive Order 12866. 10. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272) directs 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 EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This final rule is a technical correction and does not involve technical standards. 11. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations To the greatest extent practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency must make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health and environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands. Because this final PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 rule is a technical correction with no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. List of Subjects in 40 CFR Part 228 Environmental protection, Water pollution control. Dated: June 22, 2005. Ronald A. Kreizenbeck, Acting Regional Administrator, Region 10. For the reasons set out in the preamble, chapter I of title 40 of the Code of Federal Regulations is amended as set forth below: I PART 228—[AMENDED] 1. The authority citation for part 228 continues to read as follows: I Authority: 33 U.S.C. 1412 and 1418. 2. Section 228.15 is amended by revising paragraph (n)(8)(i) as follows: I § 228.15 Dumping sites designated on a final basis. * * * * * (n) * * * (8) * * * (i) Location: Overall Site Coordinates: 46°15′31.64″ N, 124°05′09.72″ W; 46°14′17.66″ N, 124°07′14.54″ W; 46°15′02.87″ N, 124°08′11.47″ W; 46°15′52.77″ N, 124°05′42.92″ W. Drop Zone: 46°15′35.36″ N, 124°05′15.55″ W; 46°14′31.07″ N, 124°07′03.25″ W; 46°14′58.83″ N, 124°07′36.89″ W; 46°15′42.38″ N, 124°05′26.65″ W (All NAD 83) * * * * * [FR Doc. 05–12941 Filed 6–29–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [TRI–2005–0027; FRL–7532–5] Deletion of Methyl Ethyl Ketone; Toxic Chemical Release Reporting; Community Right-to-Know Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is today amending its regulations to delete methyl ethyl ketone (MEK) from the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). This action is being taken to comply with a DC Circuit decision and order E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37696-37698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12941]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[FRL-7930-7]


Ocean Dumping; De-Designation of Ocean Dredged Material Disposal 
Sites and Designation of New Sites; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: In the Federal Register on March 15, 2005 (70 FR 12632), the 
Environmental Protection Agency (EPA) proposed to correct a final rule 
that appeared in the Federal Register of March 2, 2005 (70 FR 10041). 
The document de-designated certain ocean dredged material disposal 
sites and designated new sites located off the mouth of the Columbia 
River near the states of Oregon and Washington. The coordinates for one 
of those sites, the Shallow Water site, contained a typographical error 
in the Overall Site Coordinates. In today's final rule, EPA finalizes 
the correction of the coordinates for the Shallow Water site.

DATES: This final rule is effective June 30, 2005.

ADDRESSES: EPA has established a docket for this action which is 
available

[[Page 37697]]

for inspection at the EPA Region 10 Seattle Office. For access to the 
docket, contact John Malek, Ocean Dumping Coordinator, U.S. 
Environmental Protection Agency, Region 10 (EPTA-083), 1200 Sixth 
Avenue, Seattle, WA 98101-1128, telephone at (206) 553-1286, e-mail: 
malek.john@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

    In the Federal Register of Tuesday, March 15, 2005 (70 FR 12632), 
EPA proposed to correct a typographical error in the coordinates for 
the Shallow Water site, designated as an ocean dredged material 
disposal site by EPA on Wednesday, March 2, 2005 (70 FR 10041)--EPA's 
final rule to de-designate and to designate ocean dredged material 
disposal sites off the mouth of the Columbia River near the states of 
Oregon and Washington. The typographical error was printed in the 
Overall Site Coordinates for the Shallow Water site as published on 
page 10055 in Federal Register. EPA did not receive any comments on the 
proposed correction. Today, EPA finalizes the correction of the 
typographical error.

II. Statutory and Executive Order Reviews

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and, therefore, subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this final rule, which is a technical 
correction, is not a ``significant regulatory action'' under the terms 
of Executive Order 12866 and is, therefore, not subject to OMB review.

2. Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to 
minimize the reporting and record-keeping burden on the regulated 
community, as well as to minimize the cost of Federal information 
collection and dissemination. In general, the Act requires that 
information requests and recordkeeping requirements affecting ten or 
more non-Federal respondents be approved by OPM. Since the final rule 
does not establish or modify any information or recordkeeping 
requirements, it is not subject to the provisions of the Paperwork 
Reduction Act.

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 
today's 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 that 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. EPA has determined that this final 
rule, a technical correction, will not have a significant impact on 
small entities. After considering the economic impacts of today's rule 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

4. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
year. Before promulgating an EPA rule for which a written statement is 
needed, Section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why the 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA, a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements. This final rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local or 
tribal governments or the private sector. It imposes no new enforceable 
duty on any State, local or tribal government or the private sector. 
EPA has also determined that this final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
government entities. Thus, the requirements of section 203 of the UMRA 
do not apply to this rule.

5. Congressional Review Act

    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 action 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 action in the Federal Register. A major rule

[[Page 37698]]

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 action will be effective immediately upon publication in 
the Federal Register.

6. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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 various levels of government.'' This final rule, 
a technical correction, 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 various levels of government, as 
specified in Executive Order 13132. Thus, Executive Order 13132 does 
not apply to this rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. The final 
rule is a technical correction and does not establish any regulatory 
policy with tribal implications. Thus, Executive Order 13175 does not 
apply to this rule.

8. Executive Order 13045: Protection of Children from Environmental 
Health and Safety Risks

    Executive Order 13045 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 final rule is not subject to Executive Order 13045 
because it is not economically significant as defined in Executive 
Order 12866 and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this final action, a 
technical correction, present a disproportionate risk to children.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
``significant regulatory action'' as defined under Executive Order 
12866.

10. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272) 
directs 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 EPA to provide Congress, 
through the OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This final rule 
is a technical correction and does not involve technical standards.

11. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low Income Populations

    To the greatest extent practicable and permitted by law, and 
consistent with the principles set forth in the report on the National 
Performance Review, each Federal agency must make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health and environmental effects of its programs, policies, and 
activities on minority populations and low-income populations in the 
United States and its territories and possessions, the District of 
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the 
Mariana Islands. Because this final rule is a technical correction with 
no anticipated significant adverse human health or environmental 
effects, the rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: June 22, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

0
For the reasons set out in the preamble, chapter I of title 40 of the 
Code of Federal Regulations is amended as set forth below:

PART 228--[AMENDED]

0
1. The authority citation for part 228 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.

0
2. Section 228.15 is amended by revising paragraph (n)(8)(i) as 
follows:


Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (n) * * *
    (8) * * *
    (i) Location: Overall Site Coordinates: 46[deg]15'31.64'' N, 
124[deg]05'09.72'' W; 46[deg]14'17.66'' N, 124[deg]07'14.54'' W; 
46[deg]15'02.87'' N, 124[deg]08'11.47'' W; 46[deg]15'52.77'' N, 
124[deg]05'42.92'' W. Drop Zone: 46[deg]15'35.36'' N, 
124[deg]05'15.55'' W; 46[deg]14'31.07'' N, 124[deg]07'03.25'' W; 
46[deg]14'58.83'' N, 124[deg]07'36.89'' W; 46[deg]15'42.38'' N, 
124[deg]05'26.65'' W (All NAD 83)
* * * * *
[FR Doc. 05-12941 Filed 6-29-05; 8:45 am]
BILLING CODE 6560-50-P