Alaska: Adequacy of Alaska Municipal Solid Waste Landfill Permit Program, 270-272 [2010-33196]
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270
Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations
i. American College of Radiology Imaging
Network, Protocol Development & Regulatory
Resources, ‘‘Informed Consent Template &
Checklist,’’ available at: https://www.acrin.org/
Portals/0/Administration/Regulatory/ICF_
Template.doc, accessed July 8, 2010;
j. National Cancer Institute, ‘‘Simplification
of Informed Consent Documents,’’ available
at: https://www.cancer.gov/clinicaltrials/
education/simplification-of-informedconsent-docs/allpages, accessed July 7, 2010.
10. Institutional Review Board:
Management and Function (edited by
Bankert, E. A. and R. J. Amdur), 2d Ed., 2006
(Chapter 6–1, The Institutional Review
Board’s Role in Editing Consent Documents,
Pensha, R. L., pp. 199–201 and Chapter 6–2,
The Consent Documents, Brown, A., pp 202–
204).
11. Flesch-Kincaid Reading Scale
Information, Rudolf Flesch, ‘‘A New
Readability Yardstick,’’ Journal of Applied
Psychology, vol. 32, pp. 221–233, 1948.
12. FDA, Office of Planning, Risk
Communication Staff, ANALYSIS NOTE:
Note No. 2010–001, July 30, 2010.
13. FDA: A Guide to Informed Consent—
Information Sheet, available at: https://
www.fda.gov/RegulatoryInformation/
Guidances/ucm126431.htm#nonenglish,
accessed August 8, 2010.
14. NIH: ClinicalTrials.gov: Protocol
Registration System: PRS and U.S. Public
Law 110–85: ‘‘Applicable Clinical Trials,’’
available at: https://prsinfo.clinicaltrials.gov/
fdaaa.html and https://
prsinfo.clinicaltrials.gov/Elaborations
OnDefinitions.pdf, accessed August 8, 2010.
15. ‘‘Guidance for Sponsors, Institutional
Review Boards, Clinical Investigators and
FDA Staff: Guidance on Informed Consent for
In Vitro Diagnostic Device Studies Using
Leftover Human Specimens That Are Not
Individually Identifiable,’’ available at: https://
www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/
GuidanceDocuments/ucm078384.htm,
accessed August 8, 2010.
16. NIH: ClinicalTrials.gov ‘‘Basic Results
Data Element Definitions (DRAFT),’’ available
at: https://prsinfo.clinicaltrials.gov/results_
definitions.html, accessed August 8, 2010.
List of Subjects in 21 CFR Part 50
Human research subjects, Prisoners,
Reporting and recordkeeping
requirements, Safety.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, the Public
Health Service Act, and under authority
delegated to the Commissioner of Food
and Drugs, 21 CFR part 50 is amended
as follows:
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■
PART 50—PROTECTION OF HUMAN
SUBJECTS
1. The authority citation for 21 CFR
part 50 continues to read as follows:
■
Authority: 21 U.S.C. 321, 343, 346, 346a,
348, 350a, 350b, 352, 353, 355, 360, 360c360f, 360h-360j, 371, 379e, 381; 42 U.S.C.
216, 241, 262, 263b-263n.
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2. Section 50.25 is amended by
redesignating paragraphs (c) and (d) as
paragraphs (d) and (e), and by adding
new paragraph (c) to read as follows:
■
§ 50.25
Elements of informed consent.
*
*
*
*
*
(c) When seeking informed consent
for applicable clinical trials, as defined
in 42 U.S.C. 282(j)(1)(A), the following
statement shall be provided to each
clinical trial subject in informed consent
documents and processes. This will
notify the clinical trial subject that
clinical trial information has been or
will be submitted for inclusion in the
clinical trial registry databank under
paragraph (j) of section 402 of the Public
Health Service Act. The statement is: ‘‘A
description of this clinical trial will be
available on https://
www.ClinicalTrials.gov, as required by
U.S. Law. This Web site will not include
information that can identify you. At
most, the Web site will include a
summary of the results. You can search
this Web site at any time.’’
*
*
*
*
*
Dated: December 28, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010–33193 Filed 1–3–11; 8:45 am]
BILLING CODE 4160–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 239 and 258
[EPA–R10–RCRA–2010–0953; FRL–9247–6]
Alaska: Adequacy of Alaska Municipal
Solid Waste Landfill Permit Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
This action approves a
modification to Alaska’s approved
Municipal Solid Waste Landfill
(MSWLF) permit program. The
approved modification allows the State
to issue Research, Development, and
Demonstration (RD&D) permits to
owners and operators of MSWLFs in
accordance with its State law. On March
22, 2004, EPA issued final regulations
allowing RD&D permits to be issued to
certain MSWLFs by approved States. On
September 7, 2010, the State of Alaska
submitted an application to EPA Region
10 seeking Federal approval of its RD&D
requirements. After thorough review,
EPA Region 10 has determined that
Alaska’s RD&D permit requirements are
adequate through this direct final
action.
SUMMARY:
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This direct final rule will
become effective March 7, 2011 without
further notice unless EPA receives
adverse comments on or before February
3, 2011. If adverse comments are
received, EPA will publish a timely
withdrawal of this direct final rule in
the Federal Register informing the
public that the rule will not take effect.
EPA will then review the comments and
then will publish a final rule in the
Federal Register responding to the
comments and affirming or revising its
initial decision.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
RCRA–2010–0953, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: calabro.domenic@epa.gov.
• Fax: (206) 553–8509, to the
attention of Domenic Calabro.
• Mail: Domenic Calabro, Office of
Air, Waste and Toxics, U.S. EPA, Region
10, 1200 Sixth Avenue, Suite 900,
Mailstop: AWT–122, Seattle, WA 98101.
• Hand Delivery or Courier: Deliver
your comments to Domenic Calabro,
Office of Air, Waste and Toxics, U.S.
EPA, Region 10, 1200 Sixth Avenue,
Suite 900, Mailstop: AWT–122, Seattle,
WA 98101. Such deliveries are only
accepted during the Office’s normal
hours of operation.
Instructions: Identify your comments
as relating to Docket ID No. EPA–R10–
RCRA–2010–0953. 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
DATES:
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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–R10–RCRA–2010–0953. 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 U.S. Region 10 Library, 1200 Sixth
Avenue, Seattle, WA 98101 by
appointment only; telephone: (206)
553–1289.
FOR FURTHER INFORMATION CONTACT:
Domenic Calabro, Office of Air, Waste
and Toxics, U.S. EPA, Region 10, 1200
Sixth Avenue, Suite 900, Mailstop:
AWT–122, Seattle, WA 98101,
telephone: (206) 553–6640,
calabro.domenic@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 22, 2004, EPA issued a
final rule (69 FR 13242) amending the
Municipal Solid Waste Landfill
(MSWLF) criteria in 40 CFR part 258 to
allow for Research, Development and
Demonstration (RD&D) permits (69 FR
13242). That 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.
On March 15, 2000, EPA published a
final rule (65 FR 453) approving the
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State of Alaska’s MSWLF permit
program. On September 7, 2010, Alaska
applied for approval of its RD&D permit
provisions which are included as part of
a broader revision package and is
codified as 18 AAC 60.213. The final
package was adopted by the ADEC,
signed and officially filed by the Lt.
Governor, and took effect on September
5, 2010.
II. Decision
After a thorough review of Alaska’s
revision package, EPA has determined
that the Alaska Research, Development
and Demonstration (RD&D) permit
provisions as set out in 18 AAC 60.213
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.
III. 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
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
2. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). This direct
final rule does not establish or modify
any information or recordkeeping
requirements for the regulated
community. EPA has determined that it
is not subject to the provisions of the
Paperwork Reduction Act.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA), 5 U.S.C. 601 et seq.,
generally requires Federal agencies to
prepare a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
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271
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 this
direct final rule on small entities, small
entity is defined as: (1) A small
business, as codified in the Small
Business Size Regulations at 13 CFR
part 121; (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. EPA has
determined that this direct final action
will not have a significant impact on
small entities because the action will
only have the effect of modifying preexisting authorized requirements 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
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for State, local, or Tribal
governments or the private sector. This
action imposes no new enforceable duty
on any State, local or Tribal
governments or the private sector. This
action contains no regulatory
requirements that might significantly or
uniquely affect small government
entities. Thus, EPA has determined that
the requirements of section 203 of the
UMRA do not apply to this action.
5. Executive Order 13132: Federalism
This action addresses a modification
to Alaska’s approved MSWLF permit
program, which has been modified by
State law to incorporate RD&D
permitting authority. There are no
substantial direct effects on the States,
on the relationship between Federal and
State governments, or on the
distribution of power between among
the various levels of government, as
specified in Executive Order 13132.
Therefore, Executive Order 13132 does
not apply to this action.
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications, as specified in Executive
Order 13175. This action addresses a
modification to Alaska’s approved
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MSWLF permit program, which has
been modified by State law to
incorporate RD&D permitting authority.
Thus, EPA has determined that
Executive Order 13175 does not apply
to this rule.
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 (66 FR 28355, May 22,
2001), because it is not a ‘‘significant
regulatory action’’ as defined under
Executive Order 12866.
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9. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272)
directs EPA to use voluntary consensus
standards bodies in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus bodies.
The NTTAA directs EPA to provide
Congress, through the OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. EPA has
determined that this action does not
involve ‘‘technical standards’’ as defined
by the NTTAA. Therefore EPA is not
considering the use of any voluntary
consensus standards.
10. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
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EPA has determined that this action
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action addresses a
modification to Alaska’s approved
MSWLF permit program, which has
been modified by State law to
incorporate RD&D permitting authority.
EPA has determined that the action is
not subject to Executive Order 12898.
DEPARTMENT OF HOMELAND
SECURITY
11. Congressional Review Act
SUMMARY:
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective March 7, 2011.
DATES:
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: December 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010–33196 Filed 1–3–11; 8:45 am]
BILLING CODE 6560–50–P
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Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2010–0003]
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in flood prone areas in
accordance with 44 CFR part 60.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Rules and Regulations]
[Pages 270-272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33196]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R10-RCRA-2010-0953; FRL-9247-6]
Alaska: Adequacy of Alaska Municipal Solid Waste Landfill Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves a modification to Alaska's approved
Municipal Solid Waste Landfill (MSWLF) permit program. The approved
modification allows the State to issue Research, Development, and
Demonstration (RD&D) permits to owners and operators of MSWLFs in
accordance with its State law. On March 22, 2004, EPA issued final
regulations allowing RD&D permits to be issued to certain MSWLFs by
approved States. On September 7, 2010, the State of Alaska submitted an
application to EPA Region 10 seeking Federal approval of its RD&D
requirements. After thorough review, EPA Region 10 has determined that
Alaska's RD&D permit requirements are adequate through this direct
final action.
DATES: This direct final rule will become effective March 7, 2011
without further notice unless EPA receives adverse comments on or
before February 3, 2011. If adverse comments are received, EPA will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that the rule will not take effect. EPA
will then review the comments and then will publish a final rule in the
Federal Register responding to the comments and affirming or revising
its initial decision.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2010-0953, by one of the following methods:
http:[sol][sol]www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: calabro.domenic@epa.gov.
Fax: (206) 553-8509, to the attention of Domenic Calabro.
Mail: Domenic Calabro, Office of Air, Waste and Toxics,
U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AWT-122,
Seattle, WA 98101.
Hand Delivery or Courier: Deliver your comments to Domenic
Calabro, Office of Air, Waste and Toxics, U.S. EPA, Region 10, 1200
Sixth Avenue, Suite 900, Mailstop: AWT-122, Seattle, WA 98101. Such
deliveries are only accepted during the Office's normal hours of
operation.
Instructions: Identify your comments as relating to Docket ID No.
EPA-R10-RCRA-2010-0953. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at http:[sol][sol]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 http:[sol][sol]www.regulations.gov or e-mail. The
http:[sol][sol]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
http:[sol][sol]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
[[Page 271]]
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
http:[sol][sol]www.epa.gov/epahome/dockets.htm.
Docket: EPA has established a docket for this action under Docket
ID No. EPA-R10-RCRA-2010-0953. All documents in the docket are listed
on the http:[sol][sol]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 http:[sol][sol]www.regulations.gov or in hard
copy at the U.S. Region 10 Library, 1200 Sixth Avenue, Seattle, WA
98101 by appointment only; telephone: (206) 553-1289.
FOR FURTHER INFORMATION CONTACT: Domenic Calabro, Office of Air, Waste
and Toxics, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900,
Mailstop: AWT-122, Seattle, WA 98101, telephone: (206) 553-6640,
calabro.domenic@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 22, 2004, EPA issued a final rule (69 FR 13242) amending
the Municipal Solid Waste Landfill (MSWLF) criteria in 40 CFR part 258
to allow for Research, Development and Demonstration (RD&D) permits (69
FR 13242). That 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.
On March 15, 2000, EPA published a final rule (65 FR 453) approving
the State of Alaska's MSWLF permit program. On September 7, 2010,
Alaska applied for approval of its RD&D permit provisions which are
included as part of a broader revision package and is codified as 18
AAC 60.213. The final package was adopted by the ADEC, signed and
officially filed by the Lt. Governor, and took effect on September 5,
2010.
II. Decision
After a thorough review of Alaska's revision package, EPA has
determined that the Alaska Research, Development and Demonstration
(RD&D) permit provisions as set out in 18 AAC 60.213 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.
III. 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
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
2. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not
establish or modify any information or recordkeeping requirements for
the regulated community. EPA has determined that it is not subject to
the provisions of the Paperwork Reduction Act.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to 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
this direct final rule on small entities, small entity is defined as:
(1) A small business, as codified in the Small Business Size
Regulations at 13 CFR part 121; (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. EPA
has determined that this direct final action will not have a
significant impact on small entities because the action will only have
the effect of modifying pre-existing authorized requirements 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
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or Tribal governments or the private
sector. This action imposes no new enforceable duty on any State, local
or Tribal governments or the private sector. This action contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, EPA has determined that the
requirements of section 203 of the UMRA do not apply to this action.
5. Executive Order 13132: Federalism
This action addresses a modification to Alaska's approved MSWLF
permit program, which has been modified by State law to incorporate
RD&D permitting authority. There are no substantial direct effects on
the States, on the relationship between Federal and State governments,
or on the distribution of power between among the various levels of
government, as specified in Executive Order 13132. Therefore, Executive
Order 13132 does not apply to this action.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175. This action addresses a modification to Alaska's
approved
[[Page 272]]
MSWLF permit program, which has been modified by State law to
incorporate RD&D permitting authority. Thus, EPA has determined that
Executive Order 13175 does not apply to this rule.
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 (66 FR 28355,
May 22, 2001), because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
9. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs EPA to use voluntary consensus standards bodies in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through the OMB, explanations when the Agency decides not to
use available and applicable voluntary consensus standards. EPA has
determined that this action does not involve ``technical standards'' as
defined by the NTTAA. Therefore EPA is not considering the use of any
voluntary consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action addresses a modification to Alaska's approved
MSWLF permit program, which has been modified by State law to
incorporate RD&D permitting authority. EPA has determined that the
action is not subject to Executive Order 12898.
11. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective March 7, 2011.
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: December 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-33196 Filed 1-3-11; 8:45 am]
BILLING CODE 6560-50-P
