Montana: Incorporation By Reference of Approved State Hazardous Waste Management Program, 11536-11539 [06-2181]
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11536
Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Rules and Regulations
Copies of the South Dakota regulations that
are incorporated by reference are available
from the South Dakota Legislative Research
Council, 3rd Floor, State Capitol, 500 East
Capitol Avenue, Pierre, SD 57501, (Phone:
605–773–3251).
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[FR Doc. 06–2180 Filed 3–7–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R08–RCRA–2006–0048; FRL–8035–5]
Montana: Incorporation By Reference
of Approved State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: The Resource Conservation
and Recovery Act, as amended (RCRA),
allows EPA to authorize State hazardous
waste management programs if EPA
finds that such programs are equivalent
and consistent with the Federal program
and provide adequate enforcement of
compliance. Title 40 of the Code of
Federal Regulations (CFR) part 272 is
used by EPA to codify its decision to
authorize individual State programs and
incorporates by reference those
provisions of the State statutes and
regulations that are subject to EPA’s
inspection and enforcement authorities
as authorized provisions of the State’s
program. This final rule revises the
codification of the Montana authorized
program. In addition, today’s document
corrects errors made in the September
30, 2005 Federal Register authorization
document for Montana.
DATES: This final rule is effective March
8, 2006. The incorporation by reference
of authorized provisions in the Montana
regulations contained in this rule is
approved by the Director of the Federal
Register as of March 8, 2006, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–RCRA–2006–0048. All
documents in the docket are listed on
the https://www.regulations.gov web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
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available either electronically through
https://www.regulations.gov or in hard
copy at MDEQ from 9 a.m. to 4 p.m.,
1520 E 6th Ave, Helena, MT 59620,
contact: Bob Martin, phone number
(406) 444–4194 and EPA Region 8, from
8 a.m. to 3 p.m., 999 18th Street, Suite
300, Denver, CO 80202–2466, contact:
Kris Shurr, phone number: (303) 312–
6139, e-mail address:
shurr.kris@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Kris Shurr, 8P–HW, U.S. EPA,
Region 8, 999 18th St, Ste 300, Denver,
Colorado 80202–2466, phone number:
(303) 312–6139, fax number: (303) 312–
6341, e-mail address:
shurr.kris@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Correction
There was an error and an omission
published in the September 30, 2005 (70
FR 57152) authorization Federal
Register document for Montana. The
following corrections are made to
Section G, page 57154, first column:
In the second paragraph, the effective
date of the Administrative Rules of
Montana (ARM), Title 17, Chapter 53,
was incorrectly cited as March 9, 2005.
The correct effective date is April 1,
2005.
In the third paragraph, Section 2–3–
301 from the Montana Code Annotated
2005, was omitted from the list of
approved procedural and enforcement
provisions. The listing is shown below,
the correction is bolded and italicized.
Montana Code Annotated 2005,
sections 2–3–101 et seq., 2–3–221, 2–3–
301, 2–4–103, 2–4–315, 2–6–101 et seq.,
2–15–3501 et seq., 27–30–204, 30–14–
402 et seq., 75–10–107, and 75–10–401
et seq.; and Montana Rules of Civil
Procedure, Rule 24(a).
II. Incorporation by Reference
A. What is Codification?
Codification is the process of
including the statutes and regulations
that comprise the State’s authorized
hazardous waste management program
into the CFR. Section 3006(b) of RCRA,
as amended, allows the Environmental
Protection Agency (EPA) to authorize
State hazardous waste management
programs. The State regulations
authorized by EPA supplant the federal
regulations concerning the same matter
with the result that after authorization
EPA enforces the authorized
regulations. Infrequently, State statutory
language which acts to regulate a matter
is also authorized by EPA with the
consequence that EPA enforces the
authorized statutory provision. EPA
does not authorize State enforcement
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authorities and does not authorize State
procedural requirements. EPA codifies
the authorized State program in 40 CFR
part 272 and incorporates by reference
State statutes and regulations that make
up the approved program which is
Federally enforceable in accordance
with Sections 3007, 3008, 3013, and
7003 of RCRA, 42 U.S.C. 6927, 6928,
6934 and 6973, and any other applicable
statutory and regulatory provisions.
B. What Is the History of the
Authorization and Codification of
Montana’s Hazardous Waste
Management Program?
Montana initially received Final
authorization on July 11, 1984, effective
July 25, 1984 (49 FR 28245) to
implement the RCRA hazardous waste
management program. We granted
authorization for changes to their
program January 19, 1994, effective
March 21, 1994 (59 FR 02752), October
25, 1996, effective December 24, 1996
(61 FR 55223), December 26, 2000,
effective December 26, 2000 (65 FR
81381), and September 30, 2005,
effective November 29, 2005 (70 FR
57152). EPA first codified Montana’s
authorized hazardous waste program
effective January 31, 1986 (51 FR 3954).
In this action, EPA revises Subpart BB
of 40 CFR part 272, to include the
authorization revision actions effective
through November 29, 2005 (70 FR
57152).
C. What Decisions Have We Made in
This Action?
Today’s action codifies EPA’s
authorization of revisions to Montana’s
hazardous waste management program.
This codification reflects the State
program in effect at the time EPA
authorized revisions to the Montana
hazardous waste management program
in a final rule dated September 30, 2005
(70 FR 57152). Notice and an
opportunity for comment regarding the
revisions to the authorized State
program were provided to the public at
the time those revisions were proposed.
This action does not reopen any
decision EPA previously made
concerning the authorization of the
State’s hazardous waste management
program.
EPA is amending 40 CFR part 272,
Subpart BB by removing and reserving
§ 272.1350, and revising § 272.1351 to
incorporate by reference Montana’s
authorized hazardous waste regulations,
as amended through April 1, 2005.
Section 272.1351 also references the
demonstration of adequate enforcement
authority, including procedural and
enforcement provisions, which provide
the legal basis for the State’s
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Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Rules and Regulations
implementation of the hazardous waste
management program. In addition,
§ 272.1351 references the Memorandum
of Agreement, the Enforcement
Agreement, the Attorney General’s
Statements and the Program
Description, which are evaluated as part
of the approval process of the hazardous
waste management program in
accordance with Subtitle C of RCRA.
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D. What is the Effect of Montana’s
Codification on Enforcement?
EPA retains the authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013 and 7003, and other applicable
statutory and regulatory provisions to
undertake inspections and enforcement
actions and to issue orders in all
authorized States. With respect to
enforcement actions, EPA will rely on
Federal sanctions, Federal inspection
authorities, and Federal procedures
rather than the State analogs to these
provisions. Therefore, the EPA is not
incorporating by reference Montana’s
inspection and enforcement authorities
nor are those authorities part of
Montana’s approved State program
which operates in lieu of the Federal
program. 40 CFR 272.1351(c)(2) lists
these authorities for informational
purposes, and also because EPA
considered them in determining the
adequacy of Montana’s procedural and
enforcement authorities. Montana’s
authority to inspect and enforce the
State’s hazardous waste management
program requirements continues to
operate independently under State law.
E. What State Provisions Are Not Part of
the Codification?
The public is reminded that some
provisions of Montana’s hazardous
waste management program are not part
of the federally authorized State
program. These non-authorized
provisions include:
(1) Provisions that are not part of the
RCRA subtitle C program because they
are ‘‘broader in scope’’ than RCRA
subtitle C (see 40 CFR 271.1(i));
(2) State procedural and enforcement
authorities which are necessary to
establish the ability of the State’s
program to enforce compliance but
which do not supplant the Federal
statutory enforcement and procedural
authorities.
State provisions that are ‘‘broader in
scope’’ than the Federal program are not
incorporated by reference in 40 CFR
part 272. For reference and clarity, 40
CFR 272.1351(c)(3) lists the Montana
statutory and regulatory provisions
which are ‘‘broader in scope’’ than the
Federal program and which are not part
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of the authorized program being
incorporated by reference. While
‘‘broader in scope’’ provisions are not
part of the authorized program and
cannot be enforced by EPA, the State
may enforce such provisions under
State law.
F. What Will be the Effect of the
Codification on Federal HSWA
Requirements?
With respect to any requirement(s)
pursuant to HSWA for which the State
has not yet been authorized, and which
EPA has identified as taking effect
immediately in States with authorized
hazardous waste management programs,
EPA will enforce those Federal HSWA
standards until the State is authorized
for those provisions.
The codification does not affect
Federal HSWA requirements for which
the State is not authorized. EPA has
authority to implement HSWA
requirements in all States, including
States with authorized hazardous waste
management programs, until the States
become authorized for such
requirements or prohibitions, unless
EPA has identified the HSWA
requirement(s) as an optional or as a less
stringent requirement of the Federal
program. A HSWA requirement or
prohibition, unless identified by EPA as
optional or as less stringent, supersedes
any less stringent or inconsistent State
provision which may have been
previously authorized by EPA (50 FR
28702, July 15, 1985).
Some existing State requirements may
be similar to the HSWA requirements
implemented by EPA. However, until
EPA authorizes those State
requirements, EPA enforces the HSWA
requirements and not the State analogs.
III. 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 codifies
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 codifies preexisting 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
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Reform Act of 1995 (Pub. L. 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 13175 (65
FR 67249, November 9, 2000). 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 codifies 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. This action 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 under Executive Order
12866.
The requirements being codified are
the result of Montana’s voluntary
participation in EPA’s program
authorization process under RCRA
Subtitle C. 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 action,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct. This action 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
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Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Rules and Regulations
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 is effective March 8, 2006.
List of Subjects in 40 CFR Part 272
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Incorporation by
Reference, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Dated: February 7, 2006.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
For the reasons set forth in the
preamble, 40 CFR part 272 is amended
as follows:
I
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:
I
Authority: Secs. 2002(a), 3006, and 7004(b)
of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926,
and 6974(b).
Subpart BB—[Amended]
§ 272.1350
[Removed and reserved]
2. Section 272.1350 is removed and
reserved.
I 3. Section 272.1351 is revised to read
as follows:
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§ 272.1351 Montana State-Administered
Program: Final Authorization.
(a) Pursuant to section 3006(b) of
RCRA, 42 U.S.C. 6926(b), Montana has
final authorization for the following
elements as submitted to EPA in
Montana’s base program application for
final authorization which was approved
by EPA effective on July 25, 1984.
Subsequent program revision
applications were approved effective on,
March 21, 1994, December 24, 1996,
December 26, 2000 and November 29,
2005.
(b) The State of Montana has primary
responsibility for enforcing its
hazardous waste management program.
However, EPA retains the authority to
exercise its inspection and enforcement
authorities in accordance with sections
3007, 3008, 3013, 7003 of RCRA, 42
U.S.C. 6927, 6928, 6934, 6973, and any
other applicable statutory and
regulatory provisions, regardless of
whether the State has taken its own
actions, as well as in accordance with
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other statutory and regulatory
provisions.
(c) State Statutes and Regulations. (1)
The Montana regulations cited in
paragraph (c)(1)(i) of this section are
incorporated by reference as part of the
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq. This incorporation by
reference is approved by the Director of
the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the Montana regulations that
are incorporated by reference in this
paragraph are available from the
Montana Secretary of State,
Administrative Rules Bureau, P.O. Box
202801, Helena, MT 59620–2801
(Phone: 406–444–2055). You may
inspect a copy at EPA Region 8, from 7
a.m. to 4 p.m., 999 18th Street, Suite
300, Denver, Colorado 80202–2466, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ‘‘EPA
Approved Montana Regulatory
Requirements Applicable to the
Hazardous Waste Management
Program’’, dated November 2005.
(ii) [Reserved]
(2) EPA considered the following
statutes and regulations in evaluating
the State program but is not
incorporating them herein for
enforcement purposes:
(i) Montana Code Annotated (MCA)
2005, Title 2, ‘‘Government Structure
and Administration’’: Chapter 3, ‘‘Public
Participation in Governmental
Operations’’, sections 2–3–102
introductory paragraph through 2–3–
102(2), 2–3–103(1), 2–3–104, 2–3–105,
2–3–111, 2–3–112, 2–3–221, 2–3–301;
Chapter 4, ‘‘Administrative Procedure
Act’’, sections 2–4–103, 2–4–315;
Chapter 6, ‘‘Public Records’’, sections 2–
6–101 et seq.; Chapter 15, ‘‘Executive
Branch Officers and Agencies’’, sections
2–15–3501 and 2–15–3502.
(ii) Montana Code Annotated (MCA)
2005, Title 25, ‘‘Civil Procedure’’:
Chapter 20, ‘‘Rules of Civil Procedure’’,
Rule 24(a).
(iii) Montana Code Annotated (MCA)
2005, Title 27, ‘‘Civil Liability,
Remedies, and Limitations’’: Chapter 30,
‘‘Nuisances’’, section 27–30–204.
(iv) Montana Code Annotated (MCA)
2005, Title 30, ‘‘Trade and Commerce’’:
Chapter 14, ‘‘Unfair Trade Practices and
Consumer Protection’’, sections 30–14–
402 et seq.
(v) Montana Code Annotated (MCA)
2005, Title 75, ‘‘Environmental
Protection’’: Chapter 10, ‘‘Waste and
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Litter Control’’, sections 75–10–107, 75–
10–402(3), 75–10–403, 75–10–404(1)
introductory paragraph and (1)(a), 75–
10–404(1)(e), 75–10–404(2), 75–10–405
(except 75–10–405(1)(i), (1)(j) and
(2)(a)), 75–10–406, 75–10–408, 75–10–
409, 75–10–410, 75–10–411, 75–10–413,
75–10–414, 75–10–415, 75–10–416, 75–
10–417, 75–10–418, 75–10–419, 75–10–
420, 75–10–421, 75–10–422, 75–10–424,
75–10–425, 75–10–426, 75–10–427, 75–
10–441 and 75–10–442; Chapter 20,
‘‘Major Facility Siting’’.
(vi) Administrative Rules of Montana
(ARM), effective April 1, 2005, Title 17,
‘‘Environmental Quality’’: Chapter 53,
Hazardous Waste, sections 17.53.104,
17.53.201, 17.53.202 , 17.53.206,
17.53.207, 17.53.208, 17.53.212,
17.53.213, 17.53.214, 17.53.215,
17.53.1202(5)(m), 17.53.1202(6).
(3) The following statutory and
regulatory provisions are broader in
scope than the Federal program, are not
part of the authorized program, are not
incorporated by reference and are not
federally enforceable:
(i) Montana Code Annotated (MCA)
2005, Title 75, ‘‘Environmental
Protection’’: Chapter 10, ‘‘Waste and
Litter Control’’, sections 75–10–405(1)(i)
& (j), 75–10–405(2)(a), 75–10–431, 75–
10–432, 75–10–433, 75–10–434.
(ii) Administrative Rules of Montana
(ARM), effective April 1, 2005, Title 17,
‘‘Environmental Quality’’, Chapter 53,
Hazardous Waste, sections 17.53.112,
17.53.113, 17.53.703, and
17.53.1202(5)(l), and (17).
(4) Memorandum of Agreement and
Enforcement Agreement. The
Memorandum of Agreement between
EPA Region 8 and the State of Montana,
signed by the State of Montana
Department of Environmental Quality
on November 30, 1993, and by the EPA
Regional Administrator on December
25, 1993, and the Enforcement
Agreement between EPA Region 8 and
the State of Montana, signed by the
State of Montana Department of
Environmental Quality on September 1,
2000, and by the EPA Regional
Administrator on September 11, 2000,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(5) Statement of Legal Authority.
‘‘Independent Legal Counsel
Statement’’, accompanied by an
Attorney General concurrence letter
signed by the Attorney General of
Montana on December 27, 1983 as
amended June 7, 1984 and revisions,
supplements and addenda to that
Statement accompanied by Attorney
General concurrence letters dated
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September 23, 1993, March 28, 1995,
June 29, 1995, and April 4, 2005
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(6) Program Description. The Program
Description and any other materials
submitted as supplements thereto,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
I 4. Appendix A to part 272 , State
Requirements, is amended by adding in
alphabetical order, ‘‘Montana’’ and its
listing to read as follows:
ACTION:
Final rule.
Appendix A to Part 272—State
Requirements
SUMMARY: This document extends for
180 days the transition periods for
unlicensed National Information
Infrastructure (U–NII) equipment
operating in the 5.250–5.350 GHz bands.
This action will allow parties to
continue to obtain equipment
authorizations for such equipment and
to market it under the rules in effect
prior to the adoption of the 5 GHz U–
NII Report and Order pending the
development of measurement
procedures for evaluating these devices
for compliance with the new rules.
DATES: Effective February 16, 2006.
FOR FURTHER INFORMATION CONTACT:
Shameeka Hunt, Policy and Rules
Division, Office of Engineering and
Technology, (202) 418–2062, e-mail:
Shameeka.Hunt@fcc.gov.
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SUPPLEMENTARY INFORMATION:
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Montana
The regulatory provisions include:
Administrative Rules of Montana, Title 17,
Environmental Quality, Chapter 53,
Hazardous Waste, effective April 1, 2005,
sections 17.53.101, 17.53.102, 17.53.105,
17.53.107, 17.53.111(1), 17.53.111(2), (except
the phrase ‘‘or to pay the fee required by
ARM 17.53.111’’ in the introductory
paragraph), 17.53.111(3) (except the phrase
‘‘and the generator fee required by ARM
17.53.113’’ at 17.53.111(3)(a)), 17.53.301
(except the phrase ‘‘and for which a
registration fee is assessed’’ at
17.53.301(2)(q)), 17.53.401, 17.53.402,
17.53.403, 17.53.501, 17.53.502, 17.53.601,
17.53.602, 17.53.603, 17.53.604, 17.53.701,
17.53.702, 17.53.704, 17.53.706, 17.53.707,
17.53.708, 17.53.801, 17.53.802, 17.53.803,
17.53.901, 17.53.902, 17.53.903, 17.53.1001,
17.53.1002, 17.53.1003, 17.53.1004,
17.53.1101, 17.53.1102, 17.53.1201,
17.53.1202 (except 17.53.1202(5)(l), (5)(m),
(6) and (17)), 17.53.1203, 17.53.1301,
17.53.1302, 17.53.1303, 17.53.1401, and
17.53.1402.
Copies of the Montana regulations that are
incorporated by reference are available from
the Montana Secretary of State,
Administrative Rules Bureau, P.O. Box
202801, Helena, MT 59620–2801 (Phone:
406–444–2055).
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[FR Doc. 06–2181 Filed 3–7–06; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
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47 CFR Part 15
[ET Docket No. 03–122; FCC 06–12]
Unlicensed Devices in the 5 GHz Band
Federal Communications
Commission.
AGENCY:
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This is a
summary of the Commission’s Order, ET
Docket No. 03–122, FCC 06–12, adopted
February 15, 2006, and released
February 16, 2006. The full text of this
document is available for inspection
and copying during regular business
hours in the FCC Reference Center (CY–
A257) 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this document also may be
purchased from the Commission’s copy
contractor, Best Copy and Printing Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554;
telephone (202) 488–5300; fax (202)
488–5563; e-mail FCC@BCPIWEB.COM.
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Therefore, effective July 20, 2006, all
devices for which an initial application
for equipment certification is filed for
U–NII equipment operating in the
5.250–5.350 GHz band must meet the
rules adopted in the 5 GHz U–NII Report
and Order. We also extend by 180 days
the two-year cut-off date for marketing
and importation of equipment designed
to operate in only the 5.250–5.350 GHz
band. Therefore, U–NII equipment
operating in the 5.250–5.350 GHz band
that are imported or marketed on or
after July 20, 2007 must comply with
the DFS and TPC requirements adopted
in the 5 GHz U–NII Report and Order.
We note that users who obtained
equipment prior to any of these cut-off
dates will be allowed to continue to use
that equipment indefinitely. Finally,
because our action today temporarily
relieves a restriction, i.e., the cut-off
dates for equipment authorizations and
the marketing of U–NII equipment in
the 5.250–5.350 GHz band, we make
this Order effective upon release.
Ordering Clauses
Summary of the Order
1. The Commission, National
Telecommunications and Information
Administration (NTIA), and the U–NII
equipment industry are continuing to
work together to develop test
procedures to ensure that DFS
adequately protects most Federal
Government radar systems and have
now completed a draft plan of test
procedures. We anticipate NTIA will
soon submit the revised measurement
procedure to the Commission for
consideration. The Commission will
issue the updated measurement
procedures for the certification of U–NII
equipment containing DFS and TPC
capabilities.
2. We note that the cut-off date for
applications for equipment certification
for products without DFS and TPC that
operate in the 5.250–5.350 GHz band is
January 20, 2006. We therefore are
extending this cut-off date by 180 days
in order to allow sufficient time for
manufacturers to incorporate DFS into
U–NII devices and comply with the
rules including the new test procedures.
3. The Congressional Review Act
(CRA), was addressed in a Report and
Order released by the Commission, on
November 18, 2003, in ‘‘In the Matter of
Revision of Parts 2 and 15 of the
Commission’s rules to permit
Unlicensed National Information
Infrastructure (U–NII) devices in the 5
GHz band’’ in this proceeding, FCC 03–
287, 69 FR 2677, January 20, 2004. This
Order does not change any rules, it only
extends the transition period for
unlicensed U–NII devices. Therefore,
the CRA requirements have already
been fulfilled for this rule.
4. Pursuant to sections 4(i), 303(f),
and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i),
303(f), and 303(r), and Section 553(d) of
the Administrative Procedure Act, 5
U.S.C. 553(d), the Order is hereby
adopted.
5. Section 15.37(l), 47 CFR is hereby
amended, as set forth in the rule change
and shall become effective February 16,
2006.
List of Subjects in 47 CFR Part 15
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Communication equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Change
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 15 as
follows:
I
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Rules and Regulations]
[Pages 11536-11539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2181]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R08-RCRA-2006-0048; FRL-8035-5]
Montana: Incorporation By Reference of Approved State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act, as amended (RCRA),
allows EPA to authorize State hazardous waste management programs if
EPA finds that such programs are equivalent and consistent with the
Federal program and provide adequate enforcement of compliance. Title
40 of the Code of Federal Regulations (CFR) part 272 is used by EPA to
codify its decision to authorize individual State programs and
incorporates by reference those provisions of the State statutes and
regulations that are subject to EPA's inspection and enforcement
authorities as authorized provisions of the State's program. This final
rule revises the codification of the Montana authorized program. In
addition, today's document corrects errors made in the September 30,
2005 Federal Register authorization document for Montana.
DATES: This final rule is effective March 8, 2006. The incorporation by
reference of authorized provisions in the Montana regulations contained
in this rule is approved by the Director of the Federal Register as of
March 8, 2006, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-RCRA-2006-0048. All documents in the docket are listed on
the https://www.regulations.gov web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at MDEQ from 9 a.m. to 4
p.m., 1520 E 6th Ave, Helena, MT 59620, contact: Bob Martin, phone
number (406) 444-4194 and EPA Region 8, from 8 a.m. to 3 p.m., 999 18th
Street, Suite 300, Denver, CO 80202-2466, contact: Kris Shurr, phone
number: (303) 312-6139, e-mail address: shurr.kris@epa.gov.
FOR FURTHER INFORMATION CONTACT: Contact Kris Shurr, 8P-HW, U.S. EPA,
Region 8, 999 18th St, Ste 300, Denver, Colorado 80202-2466, phone
number: (303) 312-6139, fax number: (303) 312-6341, e-mail address:
shurr.kris@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Correction
There was an error and an omission published in the September 30,
2005 (70 FR 57152) authorization Federal Register document for Montana.
The following corrections are made to Section G, page 57154, first
column:
In the second paragraph, the effective date of the Administrative
Rules of Montana (ARM), Title 17, Chapter 53, was incorrectly cited as
March 9, 2005. The correct effective date is April 1, 2005.
In the third paragraph, Section 2-3-301 from the Montana Code
Annotated 2005, was omitted from the list of approved procedural and
enforcement provisions. The listing is shown below, the correction is
bolded and italicized.
Montana Code Annotated 2005, sections 2-3-101 et seq., 2-3-221, 2-
3-301, 2-4-103, 2-4-315, 2-6-101 et seq., 2-15-3501 et seq., 27-30-204,
30-14-402 et seq., 75-10-107, and 75-10-401 et seq.; and Montana Rules
of Civil Procedure, Rule 24(a).
II. Incorporation by Reference
A. What is Codification?
Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the Environmental Protection Agency (EPA) to authorize State
hazardous waste management programs. The State regulations authorized
by EPA supplant the federal regulations concerning the same matter with
the result that after authorization EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by EPA with the consequence that
EPA enforces the authorized statutory provision. EPA does not authorize
State enforcement authorities and does not authorize State procedural
requirements. EPA codifies the authorized State program in 40 CFR part
272 and incorporates by reference State statutes and regulations that
make up the approved program which is Federally enforceable in
accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934 and 6973, and any other applicable statutory and
regulatory provisions.
B. What Is the History of the Authorization and Codification of
Montana's Hazardous Waste Management Program?
Montana initially received Final authorization on July 11, 1984,
effective July 25, 1984 (49 FR 28245) to implement the RCRA hazardous
waste management program. We granted authorization for changes to their
program January 19, 1994, effective March 21, 1994 (59 FR 02752),
October 25, 1996, effective December 24, 1996 (61 FR 55223), December
26, 2000, effective December 26, 2000 (65 FR 81381), and September 30,
2005, effective November 29, 2005 (70 FR 57152). EPA first codified
Montana's authorized hazardous waste program effective January 31, 1986
(51 FR 3954). In this action, EPA revises Subpart BB of 40 CFR part
272, to include the authorization revision actions effective through
November 29, 2005 (70 FR 57152).
C. What Decisions Have We Made in This Action?
Today's action codifies EPA's authorization of revisions to
Montana's hazardous waste management program. This codification
reflects the State program in effect at the time EPA authorized
revisions to the Montana hazardous waste management program in a final
rule dated September 30, 2005 (70 FR 57152). Notice and an opportunity
for comment regarding the revisions to the authorized State program
were provided to the public at the time those revisions were proposed.
This action does not reopen any decision EPA previously made concerning
the authorization of the State's hazardous waste management program.
EPA is amending 40 CFR part 272, Subpart BB by removing and
reserving Sec. 272.1350, and revising Sec. 272.1351 to incorporate by
reference Montana's authorized hazardous waste regulations, as amended
through April 1, 2005. Section 272.1351 also references the
demonstration of adequate enforcement authority, including procedural
and enforcement provisions, which provide the legal basis for the
State's
[[Page 11537]]
implementation of the hazardous waste management program. In addition,
Sec. 272.1351 references the Memorandum of Agreement, the Enforcement
Agreement, the Attorney General's Statements and the Program
Description, which are evaluated as part of the approval process of the
hazardous waste management program in accordance with Subtitle C of
RCRA.
D. What is the Effect of Montana's Codification on Enforcement?
EPA retains the authority under statutory provisions, including but
not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized States.
With respect to enforcement actions, EPA will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not incorporating by reference Montana's inspection and enforcement
authorities nor are those authorities part of Montana's approved State
program which operates in lieu of the Federal program. 40 CFR
272.1351(c)(2) lists these authorities for informational purposes, and
also because EPA considered them in determining the adequacy of
Montana's procedural and enforcement authorities. Montana's authority
to inspect and enforce the State's hazardous waste management program
requirements continues to operate independently under State law.
E. What State Provisions Are Not Part of the Codification?
The public is reminded that some provisions of Montana's hazardous
waste management program are not part of the federally authorized State
program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities.
State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, 40 CFR 272.1351(c)(3) lists the Montana
statutory and regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. While ``broader in scope'' provisions
are not part of the authorized program and cannot be enforced by EPA,
the State may enforce such provisions under State law.
F. What Will be the Effect of the Codification on Federal HSWA
Requirements?
With respect to any requirement(s) pursuant to HSWA for which the
State has not yet been authorized, and which EPA has identified as
taking effect immediately in States with authorized hazardous waste
management programs, EPA will enforce those Federal HSWA standards
until the State is authorized for those provisions.
The codification does not affect Federal HSWA requirements for
which the State is not authorized. EPA has authority to implement HSWA
requirements in all States, including States with authorized hazardous
waste management programs, until the States become authorized for such
requirements or prohibitions, unless EPA has identified the HSWA
requirement(s) as an optional or as a less stringent requirement of the
Federal program. A HSWA requirement or prohibition, unless identified
by EPA as optional or as less stringent, supersedes any less stringent
or inconsistent State provision which may have been previously
authorized by EPA (50 FR 28702, July 15, 1985).
Some existing State requirements may be similar to the HSWA
requirements implemented by EPA. However, until EPA authorizes those
State requirements, EPA enforces the HSWA requirements and not the
State analogs.
III. 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 codifies 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
codifies 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 (Pub. L. 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 13175 (65 FR 67249,
November 9, 2000). 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 codifies 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. This action 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
under Executive Order 12866.
The requirements being codified are the result of Montana's
voluntary participation in EPA's program authorization process under
RCRA Subtitle C. 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 action, EPA has taken
the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct. This action 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
[[Page 11538]]
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 is
effective March 8, 2006.
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by Reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
Dated: February 7, 2006.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
0
For the reasons set forth in the preamble, 40 CFR part 272 is amended
as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Subpart BB--[Amended]
Sec. 272.1350 [Removed and reserved]
0
2. Section 272.1350 is removed and reserved.
0
3. Section 272.1351 is revised to read as follows:
Sec. 272.1351 Montana State-Administered Program: Final
Authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Montana
has final authorization for the following elements as submitted to EPA
in Montana's base program application for final authorization which was
approved by EPA effective on July 25, 1984. Subsequent program revision
applications were approved effective on, March 21, 1994, December 24,
1996, December 26, 2000 and November 29, 2005.
(b) The State of Montana has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
(c) State Statutes and Regulations. (1) The Montana regulations
cited in paragraph (c)(1)(i) of this section are incorporated by
reference as part of the hazardous waste management program under
subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by
reference is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the
Montana regulations that are incorporated by reference in this
paragraph are available from the Montana Secretary of State,
Administrative Rules Bureau, P.O. Box 202801, Helena, MT 59620-2801
(Phone: 406-444-2055). You may inspect a copy at EPA Region 8, from 7
a.m. to 4 p.m., 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal-register/cfr/
ibr-locations. html.
(i) The Binder entitled ``EPA Approved Montana Regulatory
Requirements Applicable to the Hazardous Waste Management Program'',
dated November 2005.
(ii) [Reserved]
(2) EPA considered the following statutes and regulations in
evaluating the State program but is not incorporating them herein for
enforcement purposes:
(i) Montana Code Annotated (MCA) 2005, Title 2, ``Government
Structure and Administration'': Chapter 3, ``Public Participation in
Governmental Operations'', sections 2-3-102 introductory paragraph
through 2-3-102(2), 2-3-103(1), 2-3-104, 2-3-105, 2-3-111, 2-3-112, 2-
3-221, 2-3-301; Chapter 4, ``Administrative Procedure Act'', sections
2-4-103, 2-4-315; Chapter 6, ``Public Records'', sections 2-6-101 et
seq.; Chapter 15, ``Executive Branch Officers and Agencies'', sections
2-15-3501 and 2-15-3502.
(ii) Montana Code Annotated (MCA) 2005, Title 25, ``Civil
Procedure'': Chapter 20, ``Rules of Civil Procedure'', Rule 24(a).
(iii) Montana Code Annotated (MCA) 2005, Title 27, ``Civil
Liability, Remedies, and Limitations'': Chapter 30, ``Nuisances'',
section 27-30-204.
(iv) Montana Code Annotated (MCA) 2005, Title 30, ``Trade and
Commerce'': Chapter 14, ``Unfair Trade Practices and Consumer
Protection'', sections 30-14-402 et seq.
(v) Montana Code Annotated (MCA) 2005, Title 75, ``Environmental
Protection'': Chapter 10, ``Waste and Litter Control'', sections 75-10-
107, 75-10-402(3), 75-10-403, 75-10-404(1) introductory paragraph and
(1)(a), 75-10-404(1)(e), 75-10-404(2), 75-10-405 (except 75-10-
405(1)(i), (1)(j) and (2)(a)), 75-10-406, 75-10-408, 75-10-409, 75-10-
410, 75-10-411, 75-10-413, 75-10-414, 75-10-415, 75-10-416, 75-10-417,
75-10-418, 75-10-419, 75-10-420, 75-10-421, 75-10-422, 75-10-424, 75-
10-425, 75-10-426, 75-10-427, 75-10-441 and 75-10-442; Chapter 20,
``Major Facility Siting''.
(vi) Administrative Rules of Montana (ARM), effective April 1,
2005, Title 17, ``Environmental Quality'': Chapter 53, Hazardous Waste,
sections 17.53.104, 17.53.201, 17.53.202 , 17.53.206, 17.53.207,
17.53.208, 17.53.212, 17.53.213, 17.53.214, 17.53.215,
17.53.1202(5)(m), 17.53.1202(6).
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, are not incorporated by reference and are not federally
enforceable:
(i) Montana Code Annotated (MCA) 2005, Title 75, ``Environmental
Protection'': Chapter 10, ``Waste and Litter Control'', sections 75-10-
405(1)(i) & (j), 75-10-405(2)(a), 75-10-431, 75-10-432, 75-10-433, 75-
10-434.
(ii) Administrative Rules of Montana (ARM), effective April 1,
2005, Title 17, ``Environmental Quality'', Chapter 53, Hazardous Waste,
sections 17.53.112, 17.53.113, 17.53.703, and 17.53.1202(5)(l), and
(17).
(4) Memorandum of Agreement and Enforcement Agreement. The
Memorandum of Agreement between EPA Region 8 and the State of Montana,
signed by the State of Montana Department of Environmental Quality on
November 30, 1993, and by the EPA Regional Administrator on December
25, 1993, and the Enforcement Agreement between EPA Region 8 and the
State of Montana, signed by the State of Montana Department of
Environmental Quality on September 1, 2000, and by the EPA Regional
Administrator on September 11, 2000, although not incorporated by
reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(5) Statement of Legal Authority. ``Independent Legal Counsel
Statement'', accompanied by an Attorney General concurrence letter
signed by the Attorney General of Montana on December 27, 1983 as
amended June 7, 1984 and revisions, supplements and addenda to that
Statement accompanied by Attorney General concurrence letters dated
[[Page 11539]]
September 23, 1993, March 28, 1995, June 29, 1995, and April 4, 2005
although not incorporated by reference, are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(6) Program Description. The Program Description and any other
materials submitted as supplements thereto, although not incorporated
by reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
0
4. Appendix A to part 272 , State Requirements, is amended by adding in
alphabetical order, ``Montana'' and its listing to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Montana
The regulatory provisions include:
Administrative Rules of Montana, Title 17, Environmental
Quality, Chapter 53, Hazardous Waste, effective April 1, 2005,
sections 17.53.101, 17.53.102, 17.53.105, 17.53.107, 17.53.111(1),
17.53.111(2), (except the phrase ``or to pay the fee required by ARM
17.53.111'' in the introductory paragraph), 17.53.111(3) (except the
phrase ``and the generator fee required by ARM 17.53.113'' at
17.53.111(3)(a)), 17.53.301 (except the phrase ``and for which a
registration fee is assessed'' at 17.53.301(2)(q)), 17.53.401,
17.53.402, 17.53.403, 17.53.501, 17.53.502, 17.53.601, 17.53.602,
17.53.603, 17.53.604, 17.53.701, 17.53.702, 17.53.704, 17.53.706,
17.53.707, 17.53.708, 17.53.801, 17.53.802, 17.53.803, 17.53.901,
17.53.902, 17.53.903, 17.53.1001, 17.53.1002, 17.53.1003,
17.53.1004, 17.53.1101, 17.53.1102, 17.53.1201, 17.53.1202 (except
17.53.1202(5)(l), (5)(m), (6) and (17)), 17.53.1203, 17.53.1301,
17.53.1302, 17.53.1303, 17.53.1401, and 17.53.1402.
Copies of the Montana regulations that are incorporated by
reference are available from the Montana Secretary of State,
Administrative Rules Bureau, P.O. Box 202801, Helena, MT 59620-2801
(Phone: 406-444-2055).
* * * * *
[FR Doc. 06-2181 Filed 3-7-06; 8:45 am]
BILLING CODE 6560-50-P
