Adequacy of New Hampshire Municipal Solid Waste Landfill Permit Program, 53220-53222 [2010-21117]
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53220
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
ozone standard. In addition, pursuant to
CAA section 181(b)(2)(A) EPA is
determining that the Greater
Connecticut 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS by its
applicable attainment date (June 15,
2010).
IV. Statutory and Executive Order
Reviews
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These actions make a determination
of attainment based on air quality, and
result in the suspension of certain
Federal requirements, and would not
impose additional requirements beyond
those imposed by State law. For that
reason, these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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 Clean Air Act;
and
• Do 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, these actions do 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
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Jkt 220001
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
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 these actions and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 1,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
§ 52.377
List of Subjects in 40 CFR Part 52
SUMMARY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 19, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
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*
*
*
*
(f) Determination of Attainment.
Effective September 30, 2010, EPA is
determining that the Greater
Connecticut 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone standard. Under the
provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), this determination suspends
the reasonable further progress and
attainment demonstration requirements
of section 182(b)(1) and related
requirements of section 172(c)(9) of the
Clean Air Act for as long as the area
does not monitor any violations of the
1997 8-hour ozone standard. If a
violation of the 1997 ozone NAAQS is
monitored in the Greater Connecticut 8hour ozone nonattainment area, this
determination shall no longer apply.
In addition, this area met its June 15,
2010 attainment deadline for the 1997
ozone standard.
[FR Doc. 2010–21677 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 239 and 258
[EPA–R01–RCRA–2010–0676; FRL–9193–1]
Adequacy of New Hampshire Municipal
Solid Waste Landfill Permit Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
This action approves a
modification to New Hampshire’s
approved municipal solid waste landfill
(MSWLF) program. The approved
modification allows the State to issue
Research, Development, and
Demonstration (RD&D) Permits to
owners and operators of MSWLF in
accordance with its State law. On March
22, 2004, EPA issued final regulations
allowing research, development, and
demonstration (RD&D) permits to be
issued to certain municipal solid waste
landfills by approved states. On June 28,
2010 New Hampshire submitted an
application to EPA Region 1 seeking
Federal approval of its RD&D
requirements. After thorough review
EPA Region 1 is determining that New
Hampshire’s RD&D permit requirements
are adequate through this direct final
action.
This determination of RD&D
program adequacy for New Hampshire
will become effective November 29,
2010 without further notice unless EPA
DATES:
2. Section 52.377 is amended by
adding paragraph (f) to read as follows:
■
Control strategy: Ozone.
*
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
receives adverse comments on or before
November 1, 2010. If adverse comments
are received, EPA will review the
comments and publish another Federal
Register document responding to the
comments and either affirming or
revising the initial decision.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
RCRA–2010–0676, by one of the
following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: hsieh.juiyu@epa.gov.
• Fax: (617) 918–0646, to the
attention of Juiyu Hsieh.
• Mail: Juiyu Hsieh, RCRA Waste
Management Section, Office of Site
Remediation and Restoration (OSRR 07–
01), EPA New England—Region 1, 5
Post Office Square, Suite 100, Boston,
MA 02109–3912.
• Hand Delivery or Courier: Deliver
your comments to Juiyu Hsieh, RCRA
Waste Management Section, Office of
Site Remediation and Restoration
(OSRR 07–01), EPA New England—
Region 1, 5 Post Office Square, 7th floor,
Boston, MA 02109–3912. Such
deliveries are only accepted during the
Office’s normal hours of operation.
Instructions: Identify your comments
as relating to Docket ID No. EPA–R01–
RCRA–2010–0676. 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 claimed to be 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
VerDate Mar<15>2010
15:25 Aug 30, 2010
Jkt 220001
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: EPA has established a docket
for this action under Docket ID No.
EPA–R01–RCRA–2010–0676. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although it may be listed in the
index, some information might not be
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
the EPA Region 1 Library, 5 Post Office
Square, 1st floor, Boston, MA 02109–
3912; by appointment only; tel: (617)
918–1990.
FOR FURTHER INFORMATION CONTACT:
Juiyu Hsieh, Remediation and
Restoration II Branch (Mail Code
OSRR07–1), U.S. EPA Region 1, 5 Post
Office Square, Suite 100, Boston, MA
02109, telephone: (617) 918–1646,
hsieh.juiyu@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On March 22, 2004, EPA issued a
final rule amending the municipal solid
waste landfill criteria in 40 CFR part
258 to allow for research, development
and demonstration (RD&D) permits (69
FR 13242). This rule allows for
variances from specified criteria for a
limited period of time, to be
implemented through state-issued
RD&D permits. RD&D permits are
available only in states with approved
MSWLF permit programs that have been
modified to incorporate RD&D permit
authority. While States are not required
to seek approval to allow permits under
this new provision, those States that are
interested in providing RD&D permits to
owners and operators of MSWLFs must
seek approval from EPA before issuing
such permits. Approval procedures for
new provisions of 40 CFR part 258 are
outlined in 40 CFR 239.12.
New Hampshire’s MSWLF permit
program was approved on February 14,
1995 (60 FR 8384). On June 28, 2010,
New Hampshire applied for approval of
its RD&D permit provisions which are
included in the New Hampshire
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53221
amended regulations under Solid Waste
Rule ENV–Sw 806.05.
B. Decision
After a thorough review, EPA is
determining that the New Hampshire
RD&D permit provisions as set out in
Solid Waste Rule ENV–Sw 806.05 are
adequate to comply with the Federal
criteria as set out in 40 CFR 258.4. The
State regulations regarding RD&D
permits incorporate by reference all of
the requirements of 40 CFR 258.4, while
specifying particular requirements
which are either equivalent to or more
stringent than the requirements of 40
CFR 258.4.
C. Statutory and Executive Order
Reviews
This action approves State solid waste
requirements pursuant to Resource
Conversation 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 12866;
2. Paperwork Reduction Act: This
action does not impose an information
collection burden under the Paperwork
Reduction Act;
3. Regulatory Flexibility Act: Since
this action will not add any
requirements not already imposed
under State law, 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 requirement 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;
5. Executive Order 13132:
Federalism—Executive Order 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—Executive
Order 13175 does not apply to this
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53222
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations
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
and Safety Risks—This action is not
subject to Executive Order 13045
because it is not economically
significant and it 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 Executive Order 13211
because it is not a significant regulatory
action as defined in Executive Order
12866;
9. National Technology Transfer
Advancement Act: This provision
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impracticable. Voluntary consensus
standards are technical standards (e.g.,
material specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards and
bodies. EPA approves State programs so
long as the State programs adequately
meet the criteria set out in 40 CFR part
258. 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 the 40 CFR part 258 criteria.
Thus, the National Technology Transfer
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
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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.
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15:25 Aug 30, 2010
Jkt 220001
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: August 16, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England, Region 1.
[FR Doc. 2010–21117 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–R04–SFUND–2010–0502; FRL–9194–
3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is publishing
this direct final Notice of Deletion for
the Powersville Site Superfund Site
(Site), located in Peach County, Georgia,
from the National Priorities List (NPL)
and requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Georgia, through the Georgia
Environmental Protection Division
(GAEPD), have determined that all
appropriate response actions under
CERCLA, other than operation,
maintenance, and Five Year Reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
DATES: This direct final deletion is
effective November 1, 2010 unless EPA
receives adverse comments by
September 30, 2010. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final deletion in the Federal
Register informing the public that the
deletion will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No., EPA–R04–
SFUND–2010–0502, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Web site: https://www.epa.gov/
region4/waste/sf/enforce.htm.
SUMMARY:
PO 00000
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• E-mail: farrier.brian@epa.gov.
• Fax: (404) 562–8896, Attention:
Brian Farrier.
• Mail: Brian Farrier, Remedial
Project Manager, Superfund Remedial
Section C, Superfund Remedial Branch,
Superfund Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960.
Hand Delivery: U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. 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–R04–SFUND–2010–
0502. 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 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.
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 the
hard copy. Publicly available docket
E:\FR\FM\31AUR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53220-53222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21117]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R01-RCRA-2010-0676; FRL-9193-1]
Adequacy of New Hampshire Municipal Solid Waste Landfill Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves a modification to New Hampshire's
approved municipal solid waste landfill (MSWLF) program. The approved
modification allows the State to issue Research, Development, and
Demonstration (RD&D) Permits to owners and operators of MSWLF in
accordance with its State law. On March 22, 2004, EPA issued final
regulations allowing research, development, and demonstration (RD&D)
permits to be issued to certain municipal solid waste landfills by
approved states. On June 28, 2010 New Hampshire submitted an
application to EPA Region 1 seeking Federal approval of its RD&D
requirements. After thorough review EPA Region 1 is determining that
New Hampshire's RD&D permit requirements are adequate through this
direct final action.
DATES: This determination of RD&D program adequacy for New Hampshire
will become effective November 29, 2010 without further notice unless
EPA
[[Page 53221]]
receives adverse comments on or before November 1, 2010. If adverse
comments are received, EPA will review the comments and publish another
Federal Register document responding to the comments and either
affirming or revising the initial decision.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2010-0676, by one of the following methods:
https://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: hsieh.juiyu@epa.gov.
Fax: (617) 918-0646, to the attention of Juiyu Hsieh.
Mail: Juiyu Hsieh, RCRA Waste Management Section, Office
of Site Remediation and Restoration (OSRR 07-01), EPA New England--
Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
Hand Delivery or Courier: Deliver your comments to Juiyu
Hsieh, RCRA Waste Management Section, Office of Site Remediation and
Restoration (OSRR 07-01), EPA New England--Region 1, 5 Post Office
Square, 7th floor, Boston, MA 02109-3912. Such deliveries are only
accepted during the Office's normal hours of operation.
Instructions: Identify your comments as relating to Docket ID No.
EPA-R01-RCRA-2010-0676. 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 claimed to be 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: EPA has established a docket for this action under Docket
ID No. EPA-R01-RCRA-2010-0676. All documents in the docket are listed
on the https://www.regulations.gov Web site. Although it may be listed
in the index, some information might not be 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 the EPA Region 1
Library, 5 Post Office Square, 1st floor, Boston, MA 02109-3912; by
appointment only; tel: (617) 918-1990.
FOR FURTHER INFORMATION CONTACT: Juiyu Hsieh, Remediation and
Restoration II Branch (Mail Code OSRR07-1), U.S. EPA Region 1, 5 Post
Office Square, Suite 100, Boston, MA 02109, telephone: (617) 918-1646,
hsieh.juiyu@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On March 22, 2004, EPA issued a final rule amending the municipal
solid waste landfill criteria in 40 CFR part 258 to allow for research,
development and demonstration (RD&D) permits (69 FR 13242). This rule
allows for variances from specified criteria for a limited period of
time, to be implemented through state-issued RD&D permits. RD&D permits
are available only in states with approved MSWLF permit programs that
have been modified to incorporate RD&D permit authority. While States
are not required to seek approval to allow permits under this new
provision, those States that are interested in providing RD&D permits
to owners and operators of MSWLFs must seek approval from EPA before
issuing such permits. Approval procedures for new provisions of 40 CFR
part 258 are outlined in 40 CFR 239.12.
New Hampshire's MSWLF permit program was approved on February 14,
1995 (60 FR 8384). On June 28, 2010, New Hampshire applied for approval
of its RD&D permit provisions which are included in the New Hampshire
amended regulations under Solid Waste Rule ENV-Sw 806.05.
B. Decision
After a thorough review, EPA is determining that the New Hampshire
RD&D permit provisions as set out in Solid Waste Rule ENV-Sw 806.05 are
adequate to comply with the Federal criteria as set out in 40 CFR
258.4. The State regulations regarding RD&D permits incorporate by
reference all of the requirements of 40 CFR 258.4, while specifying
particular requirements which are either equivalent to or more
stringent than the requirements of 40 CFR 258.4.
C. Statutory and Executive Order Reviews
This action approves State solid waste requirements pursuant to
Resource Conversation 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 12866;
2. Paperwork Reduction Act: This action does not impose an
information collection burden under the Paperwork Reduction Act;
3. Regulatory Flexibility Act: Since this action will not add any
requirements not already imposed under State law, 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 requirement 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;
5. Executive Order 13132: Federalism--Executive Order 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--Executive Order 13175 does not apply to this
[[Page 53222]]
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 and Safety Risks--This action is not subject to Executive Order
13045 because it is not economically significant and it 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 Executive
Order 13211 because it is not a significant regulatory action as
defined in Executive Order 12866;
9. National Technology Transfer Advancement Act: This provision
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impracticable. Voluntary consensus standards are technical
standards (e.g., material specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards and bodies. EPA approves State programs
so long as the State programs adequately meet the criteria set out in
40 CFR part 258. 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
the 40 CFR part 258 criteria. Thus, the National Technology Transfer
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: August 16, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England, Region 1.
[FR Doc. 2010-21117 Filed 8-30-10; 8:45 am]
BILLING CODE 6560-50-P
