Adequacy of Nebraska Municipal Solid Waste Landfill Program, 66686-66688 [E6-19388]

Download as PDF 66686 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations I. Background On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued at certain municipal solid waste landfills (69 FR 13242). This new provision may only be implemented by an approved State. While States are not required to seek approval for this new provision, those States that are interested in providing RD&D permits to municipal solid waste landfills must seek approval from EPA before issuing such permits. Missouri received final approval for 40 CFR part 258 provisions on April 13, 1994 (59 FR 17526). This request incorporates the November 27, 1996, rule (61 FR 60328, at 60337), which adds financial mechanisms for local governments, and the April 10, 1998, rule (63 FR 17706, at 17729), which adds financial test and corporate guarantee to financial assurance mechanisms. Approval procedures for new provisions of 40 CFR part 258 are outlined in 40 CFR 239.12. On April 14, 2006, Missouri submitted an application for approval of its RD&D permit provisions and update of the approved MSWLP program. rmajette on PROD1PC67 with RULES1 II. Decision After a thorough review, EPA Region 7 determined that Missouri’s RD&D provisions as defined under Missouri Solid Waste Management Regulations, 10 CSR 80, and Missouri Solid Waste Management Statute, Title 16: Conservation, Resources and Development, Chapter 260: Environmental Control are adequate to ensure compliance with the Federal criteria as defined at 40 CFR 258.4. III. Statutory and Executive Order Reviews This action approves State solid waste requirements pursuant to Resource Conservation and Recovery Act (RCRA) Section 4005 and imposes no Federal requirements. Therefore, this rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866: Regulatory Planning Review—The Office of Management and Budget has exempted this action from its review under Executive Order (EO) 12866; 2. Paperwork Reduction Act: This action does not impose an information collection burden under the Paperwork Reduction Act; 3. Regulatory Flexibility Act: After considering the economic impacts of today’s action on small entities under the Regulatory Flexibility Act, I certify that this action will not have a significant economic impact on a substantial number of small entities; VerDate Aug<31>2005 15:50 Nov 15, 2006 Jkt 211001 4. Unfunded Mandates Reform Act: Because this action approves preexisting requirements under State law and does not impose any additional enforceable duty beyond that required by State law, this action does not contain any unfunded mandate, or significantly or uniquely affect small governments, as described in the Unfunded Mandates Act; 5. Executive Order 13132: Federalism—EO 13132 does not apply to this action because this action will not have federalism implications (i.e., there are no substantial direct effects on States, on the relationship between the national government and States, or on the distribution of power and responsibilities between Federal and State governments); 6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments—EO 13175 does not apply to this action because it will not have tribal implications (i.e., there are no substantial direct effects on one or more Indian tribes, 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); 7. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks—This action is not subject to EO 13045 because it is not economically significant and is not based on health or safety risks; 8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use—This action is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 12866; 9. National Technology Transfer Advancement Act: EPA approves State programs so long as the State programs meet the criteria delineated in RCRA. It would be inconsistent with applicable law for EPA, in its review of a State program, to require the use of any particular voluntary consensus standard in place of another standard that meets RCRA requirements. Thus, section 12(d) of the National Technology Transfer and Advancement Act does not apply to this action; 10. Congressional Review Act: EPA will submit a report containing this action and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 List of Subjects 40 CFR Part 239 Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal. 40 CFR Part 258 Reporting and recordkeeping requirements, Waste treatment disposal, Water pollution control. Authority: This action is issued under the authority of section 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). Dated: November 6, 2006. John B. Askew, Regional Administrator, Region 7. [FR Doc. E6–19384 Filed 11–15–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA–R07–RCRA–2006–0878; FRL–8242–6] Adequacy of Nebraska Municipal Solid Waste Landfill Program Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: This action approves Nebraska’s Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On September 27, 2006, Nebraska submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program. DATES: This direct final rule is effective January 16, 2007, without further notice unless EPA receives adverse comments by January 16, 2007. If adverse comments are received, EPA will publish a timely response or withdrawal of the direct final rule in the Federal Register informing the public that the rule will or will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– RCRA–2006–0878, by one of the following methods: 1. https://www.regulations.gov. Follow the on-line instruction for submitting comments. 2. E-mail: Mclaughlin.chilton@epa.gov. E:\FR\FM\16NOR1.SGM 16NOR1 rmajette on PROD1PC67 with RULES1 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 3. Mail: Send written comments to Chilton McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. Hand Delivery or Courier. Deliver your comments to Chilton McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. Instructions: Direct your comments to Docket ID No. EPA–R07–RCRA–2006– 0878. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 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 through https:// www.regulations.gov or e-mail information that you consider to be CBI or otherwise protected. The https:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means 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 https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket 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, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in https:// www.regulations.gov or in hard copy at the Environmental Protection Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional VerDate Aug<31>2005 15:50 Nov 15, 2006 Jkt 211001 Office’s official hours of business are Monday through Friday, 8 to 4:30, excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at (913) 551–7666, or by e-mail at Mclaughlin.chilton@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued at certain municipal solid waste landfills (69 FR 13242). This new provision may only be implemented by an approved state. While states are not required to seek approval for this new provision, those states that are interested in providing RD&D permits to municipal solid waste landfills must seek approval from EPA before issuing such permits. The current request is for approval to issue RD&D permits. Nebraska received partial approval for 40 CFR part 258 provisions on October 5, 1993 (58 FR 51819). The provision that it received partial approval for derived from an opinion by the United States Court of Appeals on February 12, 1992, which instructed EPA to require groundwater monitoring at all landfills. The updated state rules impose groundwater monitoring at small, arid landfills. The current request also incorporates the August 7, 1995, rule (60 FR 40105), which corrects the financial assurance criteria; the September 25, 1996, rule (61 FR 50413), which relates to groundwater exemptions of small, arid, remote landfills; the November 27, 1996, rule (61 FR 60328, at 60337), which adds financial mechanisms for local governments; and the April 10, 1998, rule (63 FR 17706, at 17729), which adds a financial test and corporate guarantee to financial assurance mechanisms. Approval procedures for new provisions of 40 CFR part 258 are outlined in 40 CFR 239.12. On September 27, 2006, Nebraska submitted an amended application for approval of its RD&D permit provisions and an update of the approved MSWLP program. II. Decision After a thorough review, EPA Region 7 determined that Nebraska’s RD&D provisions and the updated rules for its Municipal Solid Waste Landfill Permit Program as defined under Nebraska Title 132—Integrated Solid Waste Management Regulations, effective PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 66687 March 7, 2006, are adequate to ensure compliance with the Federal criteria as defined at 40 CFR 258.4. III. Statutory and Executive Order Reviews This action approves state solid waste requirements pursuant to Resource Conservation and Recovery Act (RCRA) Section 4005 and imposes no Federal requirements. Therefore, this rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866: Regulatory Planning Review—The Office of Management and Budget has exempted this action from its review under Executive Order (EO) 12866; 2. Paperwork Reduction Act—This action does not impose an information collection burden under the Paperwork Reduction Act; 3. Regulatory Flexibility Act—After considering the economic impacts of today’s action on small entities under the Regulatory Flexibility Act, I certify that this action will not have a significant economic impact on a substantial number of small entities; 4. Unfunded Mandates Reform Act— Because this action approves preexisting requirements under State law and does not impose any additional enforceable duty beyond that required by State law, this action does not contain any unfunded mandate, or significantly or uniquely affect small governments, as described in the Unfunded Mandates Act; 5. Executive Order 13132: Federalism—EO 13132 does not apply to this action because this action will not have federalism implications (i.e., there are no substantial direct effects on States, on the relationship between the national government and States, or on the distribution of power and responsibilities between Federal and State governments); 6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments—EO 13175 does not apply to this action because it will not have tribal implications (i.e., there are no substantial direct effects on one or more Indian tribes, 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); 7. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks—This action is not subject to EO 13045 because it is not economically significant and is not based on health or safety risks; E:\FR\FM\16NOR1.SGM 16NOR1 66688 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use—This action is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 12866; 9. National Technology Transfer Advancement Act—EPA approves State programs so long as the State programs meet the criteria delineated in RCRA. It would be inconsistent with applicable law for EPA, in its review of a State program, to require the use of any particular voluntary consensus standard in place of another standard that meets RCRA requirements. Thus, section 12(d) of the National Technology Transfer and Advancement Act does not apply to this action; 10. Congressional Review Act—EPA will submit a report containing this action and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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. List of Subjects 40 CFR Part 239 Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal. 40 CFR Part 258 Reporting and recordkeeping requirements, Waste treatment disposal, Water pollution control. Authority: This action is issued under the authority of section 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). Dated: November 6, 2006. John B. Askew, Regional Administrator, Region 7. [FR Doc. E6–19388 Filed 11–15–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 rmajette on PROD1PC67 with RULES1 [Docket No. 030221039–6295–34; I.D. 110806D] Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Aug<31>2005 15:50 Nov 15, 2006 Jkt 211001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan’s (ALWTRP) implementing regulations. These regulations apply to lobster trap/ pot and anchored gillnet fishermen in an area totaling approximately 1,809 nm2 (6,204 km2), southeast of Portland, Maine, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). DATES: Effective beginning at 0001 hours November 18, 2006, through 2400 hours December 2, 2006. ADDRESSES: Copies of the proposed and final Dynamic Area Management (DAM) rules, Environmental Assessments (EAs), Atlantic Large Whale Take Reduction Team (ALWTRT) meeting summaries, and progress reports on implementation of the ALWTRP may also be obtained by writing Diane Borggaard, NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast Region, 978–281–9300 x6503; or Kristy Long, NMFS, Office of Protected Resources, 301–713–2322. SUPPLEMENTARY INFORMATION: Electronic Access Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at https:// www.nero.noaa.gov/whaletrp/. Background The ALWTRP was developed pursuant to section 118 of the Marine Mammal Protection Act (MMPA) to reduce the incidental mortality and serious injury of three endangered species of whales (right, fin, and humpback) due to incidental interaction with commercial fishing activities. In addition, the measures identified in the ALWTRP would provide conservation benefits to a fourth species (minke), which are neither listed as endangered nor threatened under the Endangered Species Act (ESA). The ALWTRP, implemented through regulations codified at 50 CFR 229.32, relies on a combination of fishing gear modifications and time/area closures to reduce the risk of whales becoming entangled in commercial fishing gear PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 (and potentially suffering serious injury or mortality as a result). On January 9, 2002, NMFS published the final rule to implement the ALWTRP’s DAM program (67 FR 1133). On August 26, 2003, NMFS amended the regulations by publishing a final rule, which specifically identified gear modifications that may be allowed in a DAM zone (68 FR 51195). The DAM program provides specific authority for NMFS to restrict temporarily on an expedited basis the use of lobster trap/ pot and anchored gillnet fishing gear in areas north of 40°N. lat. to protect right whales. Under the DAM program, NMFS may: (1) require the removal of all lobster trap/pot and anchored gillnet fishing gear for a 15–day period; (2) allow lobster trap/pot and anchored gillnet fishing within a DAM zone with gear modifications determined by NMFS to sufficiently reduce the risk of entanglement; and/or (3) issue an alert to fishermen requesting the voluntary removal of all lobster trap/pot and anchored gillnet gear for a 15–day period and asking fishermen not to set any additional gear in the DAM zone during the 15–day period. A DAM zone is triggered when NMFS receives a reliable report from a qualified individual of three or more right whales sighted within an area (75 nm2 (139 km2)) such that right whale density is equal to or greater than 0.04 right whales per nm2 (1.85 km2). A qualified individual is an individual ascertained by NMFS to be reasonably able, through training or experience, to identify a right whale. Such individuals include, but are not limited to, NMFS staff, U.S. Coast Guard and Navy personnel trained in whale identification, scientific research survey personnel, whale watch operators and naturalists, and mariners trained in whale species identification through disentanglement training or some other training program deemed adequate by NMFS. A reliable report would be a credible right whale sighting. On November 5, 2006, an aerial survey reported a sighting of 13 right whales in the proximity 43°29′ N. lat. and 68°27′ W. long. This position lies southeast of the Portland, Maine. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS has received a reliable report from a qualified individual of the requisite right whale density to trigger the DAM provisions of the ALWTRP. Once a DAM zone is triggered, NMFS determines whether to impose restrictions on fishing and/or fishing gear in the zone. This determination is E:\FR\FM\16NOR1.SGM 16NOR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66686-66688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19388]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2006-0878; FRL-8242-6]


Adequacy of Nebraska Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: This action approves Nebraska's Research, Development and 
Demonstration (RD&D) permit program and updates to the approved 
Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 
2004, the EPA issued final regulations allowing RD&D permits to be 
issued to certain municipal solid waste landfills by approved states. 
On September 27, 2006, Nebraska submitted an application to the EPA 
seeking Federal approval of its RD&D requirements and to update Federal 
approval of its MSWLP program.

DATES: This direct final rule is effective January 16, 2007, without 
further notice unless EPA receives adverse comments by January 16, 
2007. If adverse comments are received, EPA will publish a timely 
response or withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will or will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2006-0878, by one of the following methods:
    1. https://www.regulations.gov. Follow the on-line instruction for 
submitting comments.
    2. E-mail: Mclaughlin.chilton@epa.gov.

[[Page 66687]]

    3. Mail: Send written comments to Chilton McLaughlin, EPA Region 7, 
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas 
City, Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Chilton 
McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 
North 5th Street, Kansas City, Kansas 66101.
     Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2006-0878. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 through https://
www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The https://www.regulations.gov Web site is an 
``anonymous access'' system, which means 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 https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket 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, any form of encryption, and be free of 
any defects or viruses.
     Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in https://
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30, excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at (913) 551-7666, 
or by e-mail at Mclaughlin.chilton@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 22, 2004, the EPA issued final regulations allowing RD&D 
permits to be issued at certain municipal solid waste landfills (69 FR 
13242). This new provision may only be implemented by an approved 
state. While states are not required to seek approval for this new 
provision, those states that are interested in providing RD&D permits 
to municipal solid waste landfills must seek approval from EPA before 
issuing such permits. The current request is for approval to issue RD&D 
permits. Nebraska received partial approval for 40 CFR part 258 
provisions on October 5, 1993 (58 FR 51819).
    The provision that it received partial approval for derived from an 
opinion by the United States Court of Appeals on February 12, 1992, 
which instructed EPA to require groundwater monitoring at all 
landfills. The updated state rules impose groundwater monitoring at 
small, arid landfills. The current request also incorporates the August 
7, 1995, rule (60 FR 40105), which corrects the financial assurance 
criteria; the September 25, 1996, rule (61 FR 50413), which relates to 
groundwater exemptions of small, arid, remote landfills; the November 
27, 1996, rule (61 FR 60328, at 60337), which adds financial mechanisms 
for local governments; and the April 10, 1998, rule (63 FR 17706, at 
17729), which adds a financial test and corporate guarantee to 
financial assurance mechanisms. Approval procedures for new provisions 
of 40 CFR part 258 are outlined in 40 CFR 239.12. On September 27, 
2006, Nebraska submitted an amended application for approval of its 
RD&D permit provisions and an update of the approved MSWLP program.

II. Decision

    After a thorough review, EPA Region 7 determined that Nebraska's 
RD&D provisions and the updated rules for its Municipal Solid Waste 
Landfill Permit Program as defined under Nebraska Title 132--Integrated 
Solid Waste Management Regulations, effective March 7, 2006, are 
adequate to ensure compliance with the Federal criteria as defined at 
40 CFR 258.4.

III. Statutory and Executive Order Reviews

    This action approves state solid waste requirements pursuant to 
Resource Conservation and Recovery Act (RCRA) Section 4005 and imposes 
no Federal requirements. Therefore, this rule complies with applicable 
executive orders and statutory provisions as follows:
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this action from its review under 
Executive Order (EO) 12866;
    2. Paperwork Reduction Act--This action does not impose an 
information collection burden under the Paperwork Reduction Act;
    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's action on small entities under the Regulatory 
Flexibility Act, I certify that this action will not have a significant 
economic impact on a substantial number of small entities;
    4. Unfunded Mandates Reform Act--Because this action approves pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, this 
action does not contain any unfunded mandate, or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Act;
    5. Executive Order 13132: Federalism--EO 13132 does not apply to 
this action because this action will not have federalism implications 
(i.e., there are no substantial direct effects on States, on the 
relationship between the national government and States, or on the 
distribution of power and responsibilities between Federal and State 
governments);
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--EO 13175 does not apply to this action because it 
will not have tribal implications (i.e., there are no substantial 
direct effects on one or more Indian tribes, 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);
    7. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks--This action is not subject to EO 13045 
because it is not economically significant and is not based on health 
or safety risks;

[[Page 66688]]

    8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This action is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866;
    9. National Technology Transfer Advancement Act--EPA approves State 
programs so long as the State programs meet the criteria delineated in 
RCRA. It would be inconsistent with applicable law for EPA, in its 
review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
RCRA requirements. Thus, section 12(d) of the National Technology 
Transfer and Advancement Act does not apply to this action;
    10. Congressional Review Act--EPA will submit a report containing 
this action and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq.) 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.

List of Subjects

40 CFR Part 239

    Environmental protection, Administrative practice and procedure, 
Intergovernmental relations, Waste treatment and disposal.

40 CFR Part 258

    Reporting and recordkeeping requirements, Waste treatment disposal, 
Water pollution control.

    Authority: This action is issued under the authority of section 
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 
42 U.S.C. 6912, 6945 and 6949(a).

    Dated: November 6, 2006.
John B. Askew,
Regional Administrator, Region 7.
 [FR Doc. E6-19388 Filed 11-15-06; 8:45 am]
BILLING CODE 6560-50-P

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