Washington: Final Authorization of State Hazardous Waste Management Program Revisions, 63276-63277 [E6-18214]

Download as PDF 63276 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Proposed Rules either (415) 947–4111, or wamsley.jerry@epa.gov. This proposal addresses the following Clark County rules: Section 90—Fugitive Dust from Open Areas and Vacant Lots; Section 92—Fugitive Dust from Unpaved Parking Lots, Material Handling and Storage Yards, and Vehicle and Equipment Storage Yards; Section 93—Fugitive Dust from Paved Roads and Street Sweeping Equipment; and, Section 94—Permitting and Dust Control for Construction Activities. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. SUPPLEMENTARY INFORMATION: Dated: July 27, 2006. Wayne Nastri, Regional Administrator, Region IX. Editorial Note: This document was received at the Office of the Federal Register on October 25, 2006. [FR Doc. E6–18157 Filed 10–27–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL–8235–4] Washington: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. cprice-sewell on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: Washington has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA). EPA VerDate Aug<31>2005 17:31 Oct 27, 2006 Jkt 211001 proposes to authorize the State for the program changes. DATES: Send your written comments by November 29, 2006. ADDRESSES: Submit your comments, identified by EPA–R10–RCRA–2006– 0810 by one of the following methods: 1. http://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: kocourek.nina@epamail.epa.gov. 3. Fax: 206–553–8509. 4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT–122, Seattle, Washington 98101. Instructions: Direct your comments to EPA–10–RCRA–2006–0810. EPA’s policy is that all comments received will be included in the public file without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public file and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/ dockets.htm. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy during normal business hours at the U.S. Environmental Protection Agency, Region 10 Library, 1200 Sixth Avenue, Seattle, Washington, 98101, phone, (206) 553–1289. The EPA Region 10 Library is open from 9 a.m. to 12 p.m. and from 1 p.m. to 2:30 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT–122, Seattle, Washington 98101, phone, (206) 553–6502, e-mail: kocourek.nina@epa.gov; or Patricia Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington 98503, phone (360) 407– 6756, e-mail: pher461@ecy.wa.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is authorizing the revisions by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we receive written comments that oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this authorization, EPA will publish a document in the Federal Register withdrawing the immediate final rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we will withdraw that part of the immediate final rule. However, the authorization of the program changes that are not opposed by any comments will become effective on the date established in the immediate final rule. A Federal Register withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. EPA may not provide further opportunity for comment. Any parties interested in commenting on this action must do so at this time. E:\FR\FM\30OCP1.SGM 30OCP1 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Proposed Rules For additional information, please see the immediate final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. Dated: October 18, 2006. Ron Kreinzebeck, Acting Regional Administrator, Region 10. [FR Doc. E6–18214 Filed 10–27–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.060823223–6223–01; I.D. 072706B] RIN 0648–AT63 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of withdrawal of proposed rule. AGENCY: SUMMARY: NMFS withdraws the proposed rule published on September 6, 2006, which proposed an increase in the annual tilefish total allowable landings (TAL) for the remainder of the 10-year stock rebuilding period. Thus, the previously established annual tilefish TAL of 1.995 million lb (905 mt) remains in effect. DATES: The withdrawal of the proposed rule to increase the total allowable landings for the tilefish fishery (71 FR 52519, September 6, 2006) is effective October 27, 2006. FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy Analyst, (978) 281–9220. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with PROPOSALS Background Regulations implementing the fishery management plan (FMP) for the tilefish fishery prepared by the Mid-Atlantic Fishery Management Council (Council) appear at 50 CFR part 648, subparts A and N. The FMP (section 1.2.1.2) states that, after a ‘‘benchmark’’ stock assessment, conducted at a Northeast Fisheries Science Center (NEFSC) sponsored stock assessment workshop (SAW), and subsequent review by the stock assessment review committee (SARC), from which the biological VerDate Aug<31>2005 15:59 Oct 27, 2006 Jkt 211001 reference points could change, a change in the TAL may be warranted. The 41st SAW met in June 2005, assessed the tilefish stock, and concluded that the tilefish stock is not overfished and overfishing is not occurring. Fishing mortality in 2004 was estimated to be 87% of Fmsy, and total biomass in 2005 was estimated to be 72% of Bmsy, a level above that projected for 2005 in the 1998 assessment (59% of Bmsy). However, the SAW also concluded that, given the high variance associated with the terminal year estimates of 2004 F/ Fmsy and 2005 B/Bmsy ratios, biomass projections could not be conducted, as these were considered too uncertain to form the basis for evaluating likely biomass recovery schedules relative to Bmsy under various TAL strategies. As a result of the findings from the 41st SAW, the Council convened the Tilefish Monitoring Committee in April 2006 to consider the results of the stock assessment and to make recommendations to the Council’s Tilefish Committee. Based on the Tilefish Monitoring Committee’s recommendation that a slight increase in the TAL could be justified, the Council recommended to NMFS that the TAL be increased from 905 mt to 987 mt live (whole) weight ( a 9–percent increase), beginning with the fishing year that starts November 1, 2006. The Council also argued that an increase in the tilefish TAL is justified because the fishery has been operating at or near the proposed TAL level for several years as a result of an accounting error by which the quota was erroneously monitored by landed (gutted) weight instead of live (whole) weight, with no observed adverse consequences to the stock. A proposed rule soliciting public comment was published in the Federal Register on September 6, 2006 (71 FR 52519). The comment period ended on September 21, 2006. Basis for Withdrawal Although the Tilefish Monitoring Committee suggested that a small increase in the tilefish TAL would not jeopardize the recovery of the stock, the NEFSC raised several concerns about the lack of data used to reach these conclusions. Specifically, the strong 1999 year class is a primary determinant of the population’s estimated intrinsic rate of increase. If this year class does not persist as expected, the stock assessment model could show a much lower estimate of the population’s productivity at the next stock assessment workshop. In the 41st SAW stock assessment report there were eight specific sources of uncertainty noted, with two major sources of uncertainty, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 63277 that could impact the estimate of tilefish population estimates. The two major sources of uncertainty involved the catch per unit of effort measurement, which was not able to take into account changes in fishing practices or spatial distribution of tilefish, and the estimate of population biomass and size structure, since these estimates were derived from sparse length frequency data and fishery dependent data sources. These sources of uncertainty are due primarily to the fact that tilefish are rarely captured in the NEFSC bottom trawl surveys, resulting in full reliance on fishery dependent bottom longline data, for which only trip-level data are captured. Based on this uncertainty in the 2005 stock assessment, and the fact that the next stock assessment for tilefish is not scheduled to be completed until at least late 2007, affording little time to make any necessary adjustments to the TAL if population productivity estimates prove to be lower than that given in the 2005 stock assessment, and given the 10-year rebuilding period ends in 2011, an increase in the tilefish TAL is not justified at this time. Thus, the TAL for 2007 will remain unchanged from the current level. Comments and Responses During the comment period on the proposed rule seven comments were received. Two comments were opposed to an increase in the TAL, and five comments supported the proposed increase in the TAL. Commenters included individual fishermen, the New York State Department of Environmental Conservation, the Montauk Tilefish Association, the New Bedford Seafood Consulting, and the general public. Comment 1: Two comments were received opposing the increase in the tilefish TAL. One commenter did not offer a reason or justification for the opposition, just asking that the quota not be changed. A second comment opposed the increase in the tilefish TAL due to a lack of trust in fisheries data. Response: Due to high scientific uncertainty in the 2005 tilefish stock assessment and the timing of the next stock assessment in relation to the end of the tilefish stock rebuilding period, NMFS is withdrawing the proposed rule. NMFS is concerned that there would be significant time to meet the FMP’s rebuilding goal should the results of the most recent assessment be overly optimistic. Therefore the TAL will remain unchanged. Comment 2: Five comments were received in favor of the increase in the tilefish TAL. In general all five E:\FR\FM\30OCP1.SGM 30OCP1

Agencies

[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Proposed Rules]
[Pages 63276-63277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18214]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8235-4]


Washington: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Washington has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act, as amended, (RCRA). EPA proposes to authorize the 
State for the program changes.

DATES: Send your written comments by November 29, 2006.

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0810 
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: kocourek.nina@epamail.epa.gov.
    3. Fax: 206-553-8509.
    4. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste 
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington 
98101.
    Instructions: Direct your comments to EPA-10-RCRA-2006-0810. EPA's 
policy is that all comments received will be included in the public 
file without change and may be made available online at http://
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system which means that EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an e-mail comment directly to EPA without going through 
http://www.regulations.gov, your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public file and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption, and be free of any 
defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy during normal business 
hours at the U.S. Environmental Protection Agency, Region 10 Library, 
1200 Sixth Avenue, Seattle, Washington, 98101, phone, (206) 553-1289. 
The EPA Region 10 Library is open from 9 a.m. to 12 p.m. and from 1 
p.m. to 2:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10, 
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, 
Seattle, Washington 98101, phone, (206) 553-6502, e-mail: 
kocourek.nina@epa.gov; or Patricia Hervieux, Washington Department of 
Ecology, 300 Desmond Drive, Lacey, Washington 98503, phone (360) 407-
6756, e-mail: pher461@ecy.wa.gov.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of 
this Federal Register, EPA is authorizing the revisions by an immediate 
final rule. EPA did not make a proposal prior to the immediate final 
rule because we believe this action is not controversial and do not 
expect comments that oppose it. We have explained the reasons for this 
authorization in the preamble to the immediate final rule. Unless we 
receive written comments that oppose this authorization during the 
comment period, the immediate final rule will become effective on the 
date it establishes, and we will not take further action on this 
proposal. If we receive comments that oppose this authorization, EPA 
will publish a document in the Federal Register withdrawing the 
immediate final rule before it takes effect. EPA will then address 
public comments in a later final rule based on this proposal. If we 
receive comments that oppose only the authorization of a particular 
change to the State hazardous waste program, we will withdraw that part 
of the immediate final rule. However, the authorization of the program 
changes that are not opposed by any comments will become effective on 
the date established in the immediate final rule. A Federal Register 
withdrawal document will specify which part of the authorization will 
become effective and which part is being withdrawn. EPA may not provide 
further opportunity for comment. Any parties interested in commenting 
on this action must do so at this time.

[[Page 63277]]

    For additional information, please see the immediate final rule 
published in the ``Rules and Regulations'' section of this Federal 
Register.

    Dated: October 18, 2006.
Ron Kreinzebeck,
Acting Regional Administrator, Region 10.
[FR Doc. E6-18214 Filed 10-27-06; 8:45 am]
BILLING CODE 6560-50-P