Hazardous Waste Technical Corrections and Clarifications Rule, 13066-13068 [2010-5697]
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13066
Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules
58.01.01.175–181, Procedures and
Requirements for Permits Establishing a
Facility Emissions Cap
58.01.01.861, Standards of Performance of
Hospital/Medical/Infectious Waste
Incinerators
C. Scope of Proposed Action
Idaho has not demonstrated authority
to implement and enforce IDAPA
Chapter 58 within ‘‘Indian Country’’ as
defined in 18 U.S.C. 1151.7 Therefore,
EPA proposes that this SIP approval not
extend to ‘‘Indian Country’’ in Idaho. See
CAA sections 110(a)(2)(A) (SIP shall
include enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate
authority under State law to carry out
SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission
limits). This is consistent with EPA’s
previous approval of Idaho’s PSD
program, in which EPA specifically
disapproved the program for sources
within Indian Reservations in Idaho
because the State had not shown it had
authority to regulate such sources. See
40 CFR 52.683(b). It is also consistent
with EPA’s approval of Idaho’s title V
air operating permits program. See 61
FR 64622, 64623 (December 6, 1996)
(interim approval does not extend to
Indian Country); 66 FR 50574, 50575
(October 4, 2001) (full approval does not
extend to Indian Country).
V. Statutory and Executive Order
Reviews
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Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
7 ‘‘Indian country’’ is defined under 18 U.S.C.
1151 as: (1) All land within the limits of any Indian
reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation, (2) all dependent Indian
communities within the borders of the United
States, whether within the original or subsequently
acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian
allotments, the Indian titles to which have not been
extinguished, including rights-of-way running
through the same. Under this definition, EPA treats
as reservations trust lands validly set aside for the
use of a Tribe even if the trust lands have not been
formally designated as a reservation. In Idaho,
Indian country includes, but is not limited to, the
Coeur d’Alene Reservation, the Duck Valley
Reservation, the Reservation of the Kootenai Tribe,
the Fort Hall Indian Reservation, and the Nez Perce
Reservation as described in the 1863 Nez Perce
Treaty.
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12:44 Mar 17, 2010
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beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 3, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010–5965 Filed 3–17–10; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, 262, 263, 264,
265, 266, 268, and 270
[EPA–RCRA–2008–0678; FRL–9127–8]
RIN 2050–AG52
Hazardous Waste Technical
Corrections and Clarifications Rule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA or the Agency) is
proposing a number of technical
changes that would correct or clarify
several parts of the hazardous waste
regulations that relate to hazardous
waste identification, manifesting, the
hazardous waste generator
requirements, the standards for owners
and operators of hazardous waste
treatment, storage and disposal
facilities, the standards for the
management of specific types of
hazardous waste and specific types of
hazardous waste management facilities,
the land disposal restrictions program
and the hazardous waste permit
program.
DATES: Written comments must be
received by May 3, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
RCRA–2008–0678, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: rcra-docket@epa.gov and
oleary.jim@epa.gov. Attention Docket ID
No. EPA–HQ–RCRA–2008–0678.
• Fax: 202–566–9744. Attention
Docket ID No. EPA–HQ–RCRA–2008–
0678.
• Mail: RCRA Docket (2822T), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Attention
Docket ID No. EPA–HQ–RCRA–2008–
0678. Please include a total of 2 copies.
• Hand Delivery: EPA West Building,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–RCRA–2008–
0678. 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
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pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules
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 https://
www.regulations.gov or e-mail. 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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the HQ–Docket Center, Docket ID No.
EPA–HQ–RCRA–2008–0678, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the RCRA Docket is (202)
566–0270. A reasonable fee may be
charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For
more information on this rulemaking,
contact Jim O’Leary, U.S. Environmental
Protection Agency, Office of Resource
Conservation and Recovery (MC:5304P),
1200 Pennsylvania Avenue, NW.,
VerDate Nov<24>2008
12:44 Mar 17, 2010
Jkt 220001
Washington, DC 20460, Phone: 703/
308–8827; or e-mail:
oleary.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed
Rule?
This document proposes a number of
technical changes that would correct or
clarify several parts of the hazardous
waste regulations that relate to
hazardous waste identification,
manifesting, the hazardous waste
generator requirements, the standards
for owners and operators of hazardous
waste treatment, storage and disposal
facilities, the standards for the
management of specific types of
hazardous waste and specific types of
hazardous waste management facilities,
the land disposal restrictions program,
and the hazardous waste permit
program. In the ‘‘Rules and Regulations’’
section of this Federal Register, EPA is
making these technical changes as a
Direct Final rule without a prior
proposed rule because we view this as
a noncontroversial action and anticipate
no adverse comment. We have
explained our reasons for this action in
the preamble to the Direct Final rule. If
we receive no adverse comment on any
of the individual technical changes we
are promulgating today, we will not take
further action on this proposed rule. If,
however, we receive such comment, we
will publish a timely withdrawal in the
Federal Register to notify the public
that those paragraphs or amendments of
the Direct Final rule for which the
Agency received adverse comment will
not take effect, and the reason for such
withdrawals. We do not intend to
institute a second comment period on
this action. Any parties interested in
commenting must do so at this time. For
further information, please see the
information provided in the ADDRESSES
section of this document.
II. Does This Action Apply to Me?
Entities potentially affected by this
action include facilities subject to the
RCRA hazardous waste regulations and
States implementing the RCRA
hazardous waste regulations.
13067
rule subject to the notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administrations’ regulations at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impact of today’s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. This action does not create any
new regulatory requirements, but rather
corrects typographical errors and
incorrect citations, and makes
conforming changes (where they have
not been made previously) to all
applicable parts of the hazardous waste
regulations.
Although this proposed rule will not
have a significant economic impact on
a substantial number of small entities,
EPA nonetheless has tried to reduce the
impact of this rule on small entities.
List of Subjects
40 CFR Part 260
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
III. Statutory and Executive Order
Reviews
For a complete discussion of all the
administrative requirements applicable
to this action, see the Direct Final rule
in the Rules and Regulations section of
this Federal Register.
40 CFR Part 262
A. The Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
Environmental protection, Hazardous
materials transportation, Hazardous
Waste, Reporting and recordkeeping
requirements.
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Environmental protection, Exports,
Hazardous materials transportation,
Hazardous waste, Imports, Labeling,
Packaging and containers, Reporting
and recordkeeping requirements.
40 CFR Part 263
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules
40 CFR Part 264
Environmental protection, Air
pollution control, Hazardous waste,
Insurance, Packaging and containers,
Reporting and recordkeeping
requirements, Security measures, Surety
bonds.
40 CFR Part 265
Environmental protection, Air
pollution control, Hazardous waste,
Insurance, Packaging and containers,
Reporting and recordkeeping
requirements, Security measures, Surety
bonds, Water supply.
40 CFR Part 266
Environmental protection, Energy,
Hazardous waste, Recycling, Reporting
and recordkeeping requirements.
40 CFR Part 268
Environmental protection, Hazardous
waste, Reporting and recordkeeping
requirements.
40 CFR Part 270
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Reporting and
recordkeeping requirements, Water
pollution control, Water supply.
Dated: March 10, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010–5697 Filed 3–17–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2010-0011]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition to List the Berry Cave
Salamander as Endangered
pwalker on DSK8KYBLC1PROD with PROPOSALS
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
SUMMARY: We, the U.S. Fish and
Wildlife Service, announce a 90–day
finding on a petition to list the Berry
Cave salamander (Gyrinophilus
gulolineatus) as endangered under the
Endangered Species Act of 1973, as
amended. Based on our review, we find
that the petition presents substantial
scientific or commercial information
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12:44 Mar 17, 2010
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indicating that listing this species may
be warranted. Therefore, with the
publication of this notice, we are
initiating a review of the status of the
species to determine if listing the Berry
Cave salamander is warranted. To
ensure that this status review is
comprehensive, we are requesting
scientific and commercial data and
other information regarding this species.
Based on the status review, we will
issue a 12–month finding on the
petition, which will address whether
the petitioned action is warranted, as
provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to
conduct this review, we request that we
receive information on or before May
17, 2010. After this date, you must
submit information directly to the Field
Office (see FOR FURTHER INFORMATION
CONTACT section below). Please note that
we may not be able to address or
incorporate information that we receive
after the above requested date.
ADDRESSES: You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for Docket
No. FWS-R4-ES-2010-0011 and follow
the instructions for submitting
comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS-R4ES-2010-0011; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all information received
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Information Requested section
below for more details).
FOR FURTHER INFORMATION CONTACT:
Mary E. Jennings, Field Supervisor,
Cookeville Ecological Services Field
Office, 446 Neal Street, Cookeville, TN,
38501; by telephone (931-528-6481); or
by facsimile (931-528-7075). Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
When we make a finding that a
petition presents substantial
information indicating that listing a
species may be warranted, we are
required to promptly review the status
of the species (status review). For the
status review to be complete and based
on the best available scientific and
commercial information, we request
information on the Berry Cave
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salamander from governmental
agencies, Native American Tribes, the
scientific community, industry, or any
other interested parties. We seek
information on:
(1) The species’ biology, range, and
population trends, including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected
trends; and
(e) Past and ongoing conservation
measures for the species, its habitat,
or both.
(2) The factors that are the basis for
making a listing determination for a
species under section 4(a) of the
Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et
seq.), which are:
(a) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial,
recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing
regulatory mechanisms; or
(e) Other natural or manmade factors
affecting its continued existence.
(3) The potential effects of climate
change on this species and its habitat.
If, we determine that listing the Berry
Cave salamander is warranted, it is our
intent to propose critical habitat to the
maximum extent prudent and
determinable at the time we propose to
list the species. Therefore, with regard
to areas within the geographical range
currently occupied by the Berry Cave
salamander, we also request data and
information on what may constitute
physical or biological features essential
to the conservation of the species, where
these features are currently found, and
whether any of these features may
require special management
considerations or protection.
In addition, we request data and
information regarding whether there are
areas outside the geographical area
occupied by the species that are
essential for the conservation of the
species. Please provide specific
comments and information as to what,
if any, critical habitat you think we
should propose for designation if the
species is proposed for listing, and why
such habitat meets the requirements of
the Act.
Please include sufficient information
with your submission (such as scientific
journal articles, other supporting
publications, or data) to allow us to
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Agencies
[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Proposed Rules]
[Pages 13066-13068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5697]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 268, and 270
[EPA-RCRA-2008-0678; FRL-9127-8]
RIN 2050-AG52
Hazardous Waste Technical Corrections and Clarifications Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing a number of technical changes that would correct or clarify
several parts of the hazardous waste regulations that relate to
hazardous waste identification, manifesting, the hazardous waste
generator requirements, the standards for owners and operators of
hazardous waste treatment, storage and disposal facilities, the
standards for the management of specific types of hazardous waste and
specific types of hazardous waste management facilities, the land
disposal restrictions program and the hazardous waste permit program.
DATES: Written comments must be received by May 3, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0678, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: rcra-docket@epa.gov and oleary.jim@epa.gov.
Attention Docket ID No. EPA-HQ-RCRA-2008-0678.
Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-RCRA-
2008-0678.
Mail: RCRA Docket (2822T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-RCRA-2008-0678. Please include a total of 2
copies.
Hand Delivery: EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2008-0678. 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
[[Page 13067]]
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
https://www.regulations.gov or e-mail. 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. For additional information about EPA's public
docket, visit the EPA
Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the HQ-Docket Center,
Docket ID No. EPA-HQ-RCRA-2008-0678, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the RCRA Docket is (202) 566-
0270. A reasonable fee may be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Jim O'Leary, U.S. Environmental Protection Agency,
Office of Resource Conservation and Recovery (MC:5304P), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, Phone: 703/308-8827; or
e-mail: oleary.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes a number of technical changes that would
correct or clarify several parts of the hazardous waste regulations
that relate to hazardous waste identification, manifesting, the
hazardous waste generator requirements, the standards for owners and
operators of hazardous waste treatment, storage and disposal
facilities, the standards for the management of specific types of
hazardous waste and specific types of hazardous waste management
facilities, the land disposal restrictions program, and the hazardous
waste permit program. In the ``Rules and Regulations'' section of this
Federal Register, EPA is making these technical changes as a Direct
Final rule without a prior proposed rule because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the Direct
Final rule. If we receive no adverse comment on any of the individual
technical changes we are promulgating today, we will not take further
action on this proposed rule. If, however, we receive such comment, we
will publish a timely withdrawal in the Federal Register to notify the
public that those paragraphs or amendments of the Direct Final rule for
which the Agency received adverse comment will not take effect, and the
reason for such withdrawals. We do not intend to institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information, please see the
information provided in the ADDRESSES section of this document.
II. Does This Action Apply to Me?
Entities potentially affected by this action include facilities
subject to the RCRA hazardous waste regulations and States implementing
the RCRA hazardous waste regulations.
III. Statutory and Executive Order Reviews
For a complete discussion of all the administrative requirements
applicable to this action, see the Direct Final rule in the Rules and
Regulations section of this Federal Register.
A. The Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to the
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administrations' regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impact of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not create any new regulatory requirements, but rather corrects
typographical errors and incorrect citations, and makes conforming
changes (where they have not been made previously) to all applicable
parts of the hazardous waste regulations.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities.
List of Subjects
40 CFR Part 260
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 262
Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.
40 CFR Part 263
Environmental protection, Hazardous materials transportation,
Hazardous Waste, Reporting and recordkeeping requirements.
[[Page 13068]]
40 CFR Part 264
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds.
40 CFR Part 265
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds, Water supply.
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.
40 CFR Part 268
Environmental protection, Hazardous waste, Reporting and
recordkeeping requirements.
40 CFR Part 270
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements, Water
pollution control, Water supply.
Dated: March 10, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-5697 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P