Wisconsin: Incorporation by Reference of Approved State Hazardous Waste Management Program, 26616-26620 [2011-11157]
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Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Rules and Regulations
• 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, 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.
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 this action 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 July 8, 2011.
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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen Dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
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requirements, Volatile organic
compounds.
Dated: March 31, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, 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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(351)(i)(A)(3) and
(c)(351) (i)(A)(4) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(351) * * *
(i) * * *
(A) * * *
(3) Rule 201, ‘‘Permits Required’’
amended on October 10, 2006.
(4) Rule 202, ‘‘Exemptions’’ amended
on October 10, 2006.
*
*
*
*
*
[FR Doc. 2011–11125 Filed 5–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[FRL–9293–9 ]
Wisconsin: Incorporation by Reference
of Approved State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
The Resource Conservation
and Recovery Act of 1976, as amended
(RCRA) allows EPA to authorize States
to operate their hazardous waste
management programs in lieu of the
Federal program. EPA uses the
regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to EPA’s
inspection and enforcement. This rule
codifies in the regulations the prior
approval of Wisconsin’s hazardous
waste management program and
incorporates by reference authorized
provisions of the State’s statutes and
regulations.
SUMMARY:
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This regulation is effective July
8, 2011, unless EPA receives adverse
written comment on this regulation by
the close of business June 8, 2011. If
EPA receives such comments, it will
publish a timely withdrawal of this
immediate final rule in the Federal
Register informing the public that this
rule will not take effect. The
incorporation by reference of authorized
provisions in the Wisconsin statutes and
regulations contained in this rule is
approved by the Director of the Federal
Register as of July 8, 2011, in
accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2010–0790 by one of the
following methods:
https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
E-mail: gromnicki.jean@epa.gov.
Mail: Jean Gromnicki, Wisconsin
Regulatory Specialist, LR–8J, U.S. EPA,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Instructions: Direct your comments to
Docket ID Number EPA–R05–RCRA–
2010–0790. 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 or any form of
encryption, and be free of any defects or
DATES:
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viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epagov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some of the 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.
You may view and copy the documents
that form the basis for this codification
and associated publicly available
materials from 9 a.m. to 4 p.m., Monday
through Friday, excluding Federal
holidays, at the following address: U.S.
EPA, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois. Interested
persons wanting to examine these
documents should make an
appointment with Jean Gromnicki at
(312) 886–6162 at least two weeks in
advance.
Jean
Gromnicki, Wisconsin Regulatory
Specialist, U.S. EPA, Region 5, LR–8J,
77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886–6162, e-mail:
gromnicki.jean@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Incorporation By Reference
B. What is the history of the
authorization and codification of
Wisconsin’s hazardous waste
management program?
Wisconsin initially received final
authorization on January 30, 1986,
effective January 31, 1986 (51 FR 3783)
to implement the RCRA hazardous
waste management program. EPA
granted authorization for changes to
Wisconsin’s program on May 23, 1989,
effective June 6, 1989 (54 FR 15029), on
November 22, 1989, effective January
22, 1990 (54 FR 48243), on April 24,
1992, effective April 24, 1992 (57 FR
15029), on June 2, 1993, effective
August 2, 1993 (58 FR 31344), on
August 5, 1994, effective October 4,
1994 (59 FR 39971), on August 5, 1999,
effective October 4, 1999 (64 FR 42630),
on June 26, 2002, effective June 26, 2002
(67 FR 43027), on April 15, 2009 (74 FR
17423) effective April 15, 2009, and on
April 17, 2009 (74 FR 17785) effective
April 17, 2009.
EPA first codified Wisconsin’s
authorized hazardous waste program on
February 21, 1989, effective April 24,
1989 (54 FR 7422), and updated the
codification of Wisconsin’s program on
March 30, 1990, effective May 29, 1990
(55 FR 11910), and September 22, 1993,
effective November 22, 1993 (58 FR
49199). In this action, EPA is revising
Subpart YY of 40 CFR part 272 to
include the authorization revision
actions effective through April 17, 2009.
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A. What is codification?
C. What decisions have we made in this
rule?
Codification is the process of placing
a State’s statutes and regulations that
comprise the State’s authorized
hazardous waste management program
into the Code of Federal Regulations
(CFR). Section 3006(b) of RCRA, as
amended, allows EPA to authorize State
hazardous waste management programs
to operate in lieu of the federal
hazardous waste management regulatory
program.
EPA codifies its authorization of the
State programs in 40 CFR part 272 and
incorporates by reference State statutes
and regulations that EPA will enforce
under sections 3007 and 3008 of RCRA
and any other applicable statutory
provisions.
The incorporation by reference of
State authorized programs in the CFR
should substantially enhance the
public’s ability to discern the current
status of the authorized State program
and State requirements that can be
federally enforced. This effort provides
clear notice to the public of the scope
of the authorized program in each State.
The purpose of today’s Federal
Register document is to codify
Wisconsin’s base hazardous waste
management program and its revisions
to that program. This codification
reflects the Wisconsin hazardous waste
program EPA authorized in final rules
dated April 15, 2009 (74 FR 17423) and
April 17, 2009 (74 FR 17785).
EPA provided notices and
opportunity for comments on its
decisions to authorize the Wisconsin
program. EPA is not now reopening the
decisions, nor requesting comments, on
the Wisconsin authorizations as
published in the Federal Register
notices specified in Section B of this
document.
This document incorporates by
reference Wisconsin’s authorized
hazardous waste statutes and
regulations and clarifies which
provisions are included in the
authorized and federally enforceable
program. By codifying Wisconsin’s
authorized program and by amending
the CFR, the public will be more easily
able to discern the status of federally
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approved requirements of the Wisconsin
hazardous waste management program.
EPA is incorporating by reference the
Wisconsin authorized hazardous waste
program in subpart YY of 40 CFR part
272. 40 CFR 272.2501 incorporates by
reference Wisconsin’s authorized
hazardous waste statutes and
regulations. Section 272.2501 also
references the statutory provisions
(including procedural and enforcement
provisions) which provide the legal
basis for the State’s implementation of
the hazardous waste management
program, the Memorandum of
Agreement, the Attorney General’s
Statements, and the Program
Description, which are approved as part
of the hazardous waste management
program under Subtitle C of RCRA.
D. What is the effect of Wisconsin’s
codification on enforcement?
The EPA retains its authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013, and 7003, and other applicable
statutory and regulatory provisions to
undertake inspections and enforcement
actions and to issue orders in all
authorized States. On occasion when
EPA might need to undertake these
actions, it will rely on Federal
sanctions, Federal inspection
authorities, and Federal procedures
rather than any authorized State
analogues to these provisions.
Therefore, EPA is not incorporating by
reference any such approved Wisconsin
procedural and enforcement authorities.
40 CFR 272.2501(c)(2) lists the statutory
provisions which provide the legal basis
for the State’s implementation of the
hazardous waste management program,
as well as those procedural and
enforcement authorities that are part of
the State’s approved program, but these
are not incorporated by reference.
E. What State provisions are not part of
the codification?
The public needs to be aware that
some provisions of Wisconsin’s
hazardous waste management program
are not part of the federally authorized
State program. These non-authorized
provisions include:
(1) Provisions that are not part of the
RCRA subtitle C program because they
are ‘‘broader in scope’’ than RCRA
subtitle C (see 40 CFR 271.1(i));
(2) Federal rules for which Wisconsin
is not authorized, but which have been
incorporated into the State regulations
because of the way the State adopted
Federal regulations by reference.
(3) Unauthorized State requirements;
and
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(4) State procedural and enforcement
authorities which are necessary to
establish the ability of the State’s
program to enforce compliance but
which do not supplement the Federal
statutory enforcement and procedural
authorities.
State provisions that are ‘‘broader in
scope’’ than the Federal program are not
part of the RCRA authorized program
and EPA will not enforce them.
Therefore, they are not incorporated by
reference in 40 CFR part 272. For
reference and clarity, 40 CFR 272.2510
(c) (3) lists the Wisconsin regulatory
provisions which are ‘‘broader in scope’’
than the Federal program and which are
not part of the authorized program being
incorporated by reference. ‘‘Broader in
scope’’ provisions cannot be enforced by
EPA; the State, however, may enforce
such provisions under State law.
With respect to any requirement
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for
which the State has not yet been
authorized, EPA will continue to
enforce the Federal HSWA standards
until the State is authorized for these
provisions.
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F. What will be the effect of federal
HSWA requirements on the
codification?
EPA is not amending 40 CFR part 272
to include HSWA requirements and
prohibitions that are implemented by
EPA. Section 3006(g) of RCRA provides
that any HSWA requirement or
prohibition (including implementing
regulations) takes effect in authorized
and not authorized States at the same
time. A HSWA requirement or
prohibition supersedes any less
stringent or inconsistent State provision
which may have been previously
authorized by EPA (50 FR 28702, July
15, 1985). EPA has the authority to
implement HSWA requirements in all
States, including authorized States,
until the States become authorized for
such requirement or prohibition.
Authorized States are required to revise
their programs to adopt the HSWA
requirements and prohibitions, and then
to seek authorization for those revisions
pursuant to 40 CFR part 271.
Instead of amending the 40 CFR part
272 every time a new HSWA provision
takes effect under the authority of RCRA
section 3006(g), EPA will wait until the
State receives authorization for its
analog to the new HSWA provision
before amending the State’s 40 CFR part
272 incorporation by reference. Until
then, persons wanting to know whether
a HSWA requirement or prohibition is
in effect should refer to 40 CFR 271.1(j),
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as amended, which lists each such
provision.
Some existing State requirements may
be similar to the HSWA requirement
implemented by EPA. However, until
EPA authorizes those State
requirements, EPA can only enforce the
HSWA requirements and not the State
analogs. EPA will not codify those State
requirements until the State receives
authorization for those requirements.
II. Administrative Requirements
1. Executive Order 18266: Regulatory
Planning Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Order 12866 (58 FR
51735, October 4, 1993) and, therefore,
this action is not subject to review by
OMB.
2. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
3. Regulatory Flexibility Act
This action authorizes State
requirements for the purpose of RCRA
section 3006 and imposes no additional
requirements beyond those imposed by
State law. Accordingly, I certify that this
rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
4. Unfunded Mandates Reform Act
Because this rule approves preexisting requirements 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 of 1995 (Pub. L. 104–4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) does not apply to this
rule because it will not have federalism
implications (i.e., substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government).
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
this rule because it will not have tribal
implications (i.e., substantial direct
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effects on one or more Indian tribes, or
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 rule is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant as defined in Executive
Order 12866 and because EPA does not
have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action as defined in
Executive Order 12866.
9. National Technology Transfer
Advancement Act
EPA approves State programs as long
as they meet criteria required by RCRA,
so 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 requirements of RCRA. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this rule.
10. Executive Order 12988
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, EPA has
taken the necessary steps to eliminate
drafting errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct.
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
1988) by examining the takings
implications of the rule in accordance
with the Attorney General’s
Supplemental Guidelines for the
Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the
executive order.
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12. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Because this rule proposes
authorization of pre-existing State rules
and imposes no additional requirements
beyond those imposed by State law and
there are no anticipated significant
adverse human health or environmental
effects, the rule is not subject to
Executive Order 12898 (59 FR 7629,
February 16, 1994).
13. Congressional Review Act
EPA will submit a report containing
this rule 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 the 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).
List of Subjects in 40 CFR Part 272
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians—lands,
Incorporation by reference,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Dated: March 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.
For the reasons set forth in the
preamble, 40 CFR part 272 is amended
as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:
■
Authority: Secs. 2002(a), 3006, and 7004(b)
of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926,
and 6974(b).
Subpart YY—[Amended]
2. Section 272.2501 is revised to read
as follows:
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■
§ 272.2501 Wisconsin State-administered
program: Final authorization.
(a) Pursuant to section 3006(b) of
RCRA, 42 U.S.C. 6926(b), Wisconsin has
final authorization for the following
elements as submitted to EPA in
Wisconsin’s base program application
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for final authorization which was
approved by EPA effective on January
31, 1986. Subsequent program revision
applications were approved effective on
June 6, 1989, January 22, 1990, April 24,
1992, August 2, 1993, October 4, 1994,
October 4, 1999, June 26, 2002, April 15,
2009, and April 17, 2009.
(b) The State of Wisconsin has
primary responsibility for enforcing its
hazardous waste management program.
However, EPA retains the authority to
exercise its inspection and enforcement
authorities in accordance with sections
3007, 3008, 3013, and 7003 of RCRA, 42
U.S.C. 6927, 6928, 6934, and 6973, and
any other applicable statutory and
regulatory provisions, regardless of
whether the State has taken its own
actions, as well as in accordance with
other statutory and regulatory
provisions.
(c) State Statutes and Regulations.
(1) The Wisconsin regulations
referenced in paragraph (c)(1)(i) of this
section are incorporated by reference as
part of the hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq. (See
§ 272.2). The director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain copies of the Wisconsin
regulations (Wisconsin Administrative
Code) that are incorporated by reference
in this paragraph from: Reference
Bureau, One East Main Street, Suite 200,
Madison, Wisconsin 53701–2037. You
may inspect a copy at EPA Region 5,
from 8 a.m. to 4 p.m., 77 West Jackson
Boulevard, Chicago, Illinois, 60604, or
at the National Archives and Records
Administration (NARA). For more
information on the availability of this
material at NARA, call 202–741–6030,
or go to: http:/www.archives.gov/
federal-register/cfr/ibrlocations.html.
(i) The Binder entitled ‘‘EPAApproved Wisconsin Department of
Natural Resources Regulatory and
Statutory Requirements Applicable to
the Hazardous Waste Program,’’ May
2009. Only those provisions that have
been authorized by EPA are
incorporated by reference. These
regulatory provisions are listed in
Appendix A to Part 272.
(ii) [Reserved]
(2) The following provisions provide
the legal basis for the State’s
implementation of the hazardous waste
management program, but they are not
being incorporated by reference and do
not replace Federal authorities:
Wisconsin Statutes, Sections
13.93(2m)(b)7, 19.21, 19.31, 19.32(2)
and (5), 19.35(3) and (4), 19.36, 19.37(1)
and (2), 23.32(1), 101.055, 141.05(47),
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26619
227.14, 227.51, 283.01(7) and (12),
283.11, 283.21(2), 283.31, 283.33,
287.07(1m)(a) and (am), 287.15, 287.18,
287.189, 289.22(1m) and (2), 289.25–
289.28, 289.30(3), 289.33(6), 289.34,
289.41(1)(a),(b), (c) and (m), (3)(a)(5), (4)
and (5)(d), (6) and (7), 289.61–289.68,
289.91–289.97, 291.01(7), (17), and (21),
291.05 (1)–(7), 291.11, 291.15, 291.21,
291.23, 291.25, 291.25(4), 291.37,
291.85–291.97, 291.97(1), 292, 292.11,
295.01(2)(c), 299.45(1)(a), 803.09 and
985.05. Copies of the Wisconsin Statutes
are available from: Legislative Reference
Bureau, One East Main Street, Suite 200,
Madison, Wisconsin 53701–2037.
(3) The following statutory and
regulatory provisions are broader in
scope than the Federal program, are not
part of the authorized program, and are
not incorporated by reference:
(i) The Wisconsin Administrative
Code, 2006/2007 Edition, Sections NR
665.0071(1)(b)6, 666.900–666.905,
666.909, 666.910, 670.007, and 670.427,
chapter NR 670 Appendix II: Hazardous
Waste Fee Table, and section NR 673.08.
(ii) [Reserved]
(4) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 5 and the State of
Wisconsin (WDNR), signed by the EPA
Regional Administrator on October 23,
2008, is referenced as part of the
authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(5) Statement of Legal Authority.
‘‘Attorney General’s Statement for Final
Authorization,’’ signed by the Attorney
General of Wisconsin on July 23, 1985,
and revisions, supplements and
addenda to that Statement dated
December 27, 1985, June 30, 1987, July
22, 1987, March 29, 1988, December 10,
1991, February 25, 1994, April 27, 1999,
September 18, 2000, and October 31,
2007 are referenced as part of the
authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(6) Program Description. The Program
Description and any other materials
submitted as supplements thereto are
referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
■ 3. Appendix A to part 272 is amended
by revising the listing for Wisconsin to
read as follows:
Appendix A to Part 272—State
Requirements
*
*
*
*
*
Wisconsin
The regulatory provisions include: The
Wisconsin Administrative Code, 2006/2007
E:\FR\FM\09MYR1.SGM
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mstockstill on DSKH9S0YB1PROD with RULES
26620
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Rules and Regulations
Edition, sections NR 660.01, 660.02, 660.07,
660.10, 660.11, 660.20–660.23, 660.30–
660.33, 660.40, 660.41, 661.01–661.04,
661.06–661.11, 661.20–661.24, 661.30–
661.33, 661.35 and 661.38 and chapter NR
661 Appendix I, II, III, VII and VIII, sections
NR 662.010–662.012, 662.020, 662.022,
662.023, 662.027, 662.030–662.034, 662.040–
662.043, 662.050–662.058, 662.060, 662.070,
662.080–662.087, 662.089, 662.190–662.194,
662.220, 663.10–663.13, 663.20–663.22,
663.30, 663.31, 664.0001, 664.0003,
664.0004, 664.0010–664.0019, 664.0025,
664.0030–664.0035, 664.0037, 664.0050–
664.0056, 664.0070–664.0077, 664.0090–
664.0101, 664.0110–664.0120, 664.0140–
664.0148, 664.0151, 664.0170–664.0179,
664.0190–664.0200, 664.0220–664.0223,
664.0226–664.0232, 664.0250–664.0259,
664.0270, 664.0300–664.0304, 664.0309,
664.0310, 664.0312–664.0317, 664.0340–
664.0345, 664.0347, 664.0351, 664.0550–
664.0555, 664.0570–664.0575, 664.0600–
664.0603, 664.1030–664.1036, 664.1050–
664.1065, 664.1080–664.1090, 664.1100–
664.1102 and 664.1200–664.1202, chapter
NR 664 Appendix I, IV, V and IX, sections
NR 665.0001, 665.0004, 665.0010–665.0019,
665.0030–665.0035, 665.0037, 665.0050–
665.0056, 665.0070–665.0077 (excluding
665.0071(1)(b)6), 665.0090–665.0094,
665.0110–665.0121, 665.0140–665.0148,
665.0170–665.0174, 665.0176–665.0178,
665.0190–665.0200, 665.0202, 665.0220–
665.0226, 665.0228–665.0231, 665.0250–
665.0260, 665.0270, 665.0300–665.0304,
665.0309, 665.0310, 665.0312–665.0316,
665.0340, 665.0341, 665.0345, 665.0347,
665.0351, 665.0352, 665.0370, 665.0373,
665.0375, 665.0377, 665.0381–665.0383,
665.0400–665.0406, 665.0430, 665.0440–
665.0445, 665.1030–665.1035, 665.1050–
665.1064, 665.1080–665.1090, 665.1100–
665.1102 and 665.1200–665.1202, chapter
NR 665 Appendix I, III, IV, V and VI, sections
NR 666.020–666.023, 666.070, 666.080,
666.100–666.112, 666.200–666.206, 666.210,
666.220, 666.225, 666.230, 666.235, 666.240,
666.245, 666.250, 666.255, 666.260, 666.305,
666.310, 666.315, 666.320, 666.325, 666.330,
666.335, 666.340, 666.345, 666.350, 666.355,
666.360, chapter NR 666 Appendix I– IX and
XI –XIII, sections NR 668.01–668.07, 668.09,
668.14, 668.30–668.46 and 668.48–668.50,
chapter NR 668 Appendix III, IV, VI–IX and
XI, sections NR 670.001, 670.002, 670.004,
670.005, 670.010–670.019, 670.021–670.033,
670.040–670.043, 670.050, 670.051, 670.061,
670.062, 670.065, 670.066, 670.068, 670.070–
670.073, 670.079, 670.235, 670.401, 670.403–
670.406, 670.408–670.412, 670.415, 670.417,
and 670.431–670.433, chapter NR 670
Appendix I, sections NR 673.01–673.05,
673.09–673.20, 673.30–673.40, 673.50–
673.56, 673.60–673.62, 673.70, 673.80,
673.81, 679.01, 679.10–679.12, 679.20–
679.24, 679.30–679.32, 679.40–679.47,
679.50–679.67, 679.70–679.75, and 679.80–
679.82.
Copies of the Wisconsin regulations that
are incorporated by reference can be obtained
from: Legislative Reference Bureau, One East
Main Street, Suite 200, Madison, Wisconsin
53701–2037.
[FR Doc. 2011–11157 Filed 5–6–11; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
17:08 May 06, 2011
Jkt 223001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 1042
Control of Emissions From New and
In-Use Marine Compression-Ignition
Engines and Vessels; CFR Correction
Correction
In rule correction document C1–
2011–8794 appearing on page 25246 in
the issue of Wednesday, May 4, 2011,
make the following correction:
§ 1042.901
[Corrected]
On page 25246, in the second column,
in the twenty-third through twenty-fifth
lines, the equation should read:
Percent of value = [(Value after
modification)¥(Value before
modification)] × 100% ÷ (Value
after modification)
[FR Doc. C2–2011–8794 Filed 5–6–11; 8:45 am]
BILLING CODE 1505–01–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 07–245, GN Docket No. 09–
51; FCC 11–50]
A National Broadband Plan for Our
Future
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission revises its pole attachment
rules to promote competition and to
reduce the potentially excessive costs of
deploying telecommunications, cable,
and broadband networks. The
Commission also revises the
telecommunications rate formula for
pole attachments consistent with the
statutory framework, reinterprets the
Communications Act of 1934, as
amended, to allow incumbent LECs to
file complaints before the Commission if
they believe a pole attachment rate,
term, or condition is unjust and
unreasonable, and confirms wireless
providers are entitled to the same rate
as other telecommunications carriers. In
addition, the Commission resolves
multiple petitions for reconsideration
and addresses various points regarding
the nondiscriminatory use of attachment
techniques.
DATES: Effective June 8, 2011, except for
§§ 1.1420, 1.1422 and 1.1424, which
contain information collection
requirements that have not been
approved by the Office of Management
SUMMARY:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
and Budget. The Commission will
publish a document in the Federal
Register announcing the effective date
for those sections.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to
filing comments with the Office of the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection requirements
contained herein should be submitted to
Judith B. Herman, Federal
Communications Commission, Room 1–
B441, 445 12th Street, SW., Washington,
DC 20554, or via the Internet to
PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Jonathan Reel, Wireline Competition
Bureau, Competition Policy Division,
202–418–1580. For additional
information concerning the Paperwork
Reduction Act information collection
requirements contained in this
document, send an e-mail to
PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order and Order on
Reconsideration (Order), FCC 11–50,
adopted and released on April 7, 2011.
The full text of the Order is available for
inspection and copying during regular
business hours in the FCC Reference
Center, 445 Twelfth Street, SW., Room
CY–A257, Portals II, Washington, DC
20554, and may also be purchased from
the Commission’s copy contractor,
BCPI, Inc., Portals II, 445 Twelfth Street,
SW., Room CY–B402, Washington, DC
20554. Customers may contact BCPI,
Inc. via their Web site, https://
www.bcpi.com, or call 1–800–378–3160.
This document is available in
alternative formats (computer diskette,
large print, audio record, and braille).
Persons with disabilities who need
documents in these formats may contact
the FCC by e-mail: FCC504@fcc.gov or
phone: 202–418–0530 or TTY: 202–418–
0432.
Synopsis of Report and Order and
Order on Reconsideration
1. In 1978, Congress added section
224 to the Communications Act of 1934,
as amended (Communications Act or
Act) thereby directing the Commission
to ensure that the rates, terms, and
conditions for pole attachments by cable
television systems are just and
reasonable. Section 224 provides that
the Commission will regulate pole
attachments except where such matters
are regulated by a state. Section 224 also
withholds from the Commission
jurisdiction to regulate attachments
E:\FR\FM\09MYR1.SGM
09MYR1
]]>Agencies
[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Rules and Regulations]
[Pages 26616-26620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11157]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-9293-9 ]
Wisconsin: Incorporation by Reference of Approved State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA) allows EPA to authorize States to operate their hazardous waste
management programs in lieu of the Federal program. EPA uses the
regulations entitled ``Approved State Hazardous Waste Management
Programs'' to provide notice of the authorization status of State
programs and to incorporate by reference those provisions of the State
statutes and regulations that will be subject to EPA's inspection and
enforcement. This rule codifies in the regulations the prior approval
of Wisconsin's hazardous waste management program and incorporates by
reference authorized provisions of the State's statutes and
regulations.
DATES: This regulation is effective July 8, 2011, unless EPA receives
adverse written comment on this regulation by the close of business
June 8, 2011. If EPA receives such comments, it will publish a timely
withdrawal of this immediate final rule in the Federal Register
informing the public that this rule will not take effect. The
incorporation by reference of authorized provisions in the Wisconsin
statutes and regulations contained in this rule is approved by the
Director of the Federal Register as of July 8, 2011, in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2010-0790 by one of the following methods:
https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: gromnicki.jean@epa.gov.
Mail: Jean Gromnicki, Wisconsin Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2010-0790. 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 or any form of encryption, and be free of
any defects or
[[Page 26617]]
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at https://www.epagov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some of the
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. You may view and copy
the documents that form the basis for this codification and associated
publicly available materials from 9 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays, at the following address: U.S. EPA,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois. Interested
persons wanting to examine these documents should make an appointment
with Jean Gromnicki at (312) 886-6162 at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Wisconsin Regulatory
Specialist, U.S. EPA, Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6162, e-mail:
gromnicki.jean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Incorporation By Reference
A. What is codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows EPA to authorize State hazardous
waste management programs to operate in lieu of the federal hazardous
waste management regulatory program.
EPA codifies its authorization of the State programs in 40 CFR part
272 and incorporates by reference State statutes and regulations that
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.
B. What is the history of the authorization and codification of
Wisconsin's hazardous waste management program?
Wisconsin initially received final authorization on January 30,
1986, effective January 31, 1986 (51 FR 3783) to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Wisconsin's program on May 23, 1989, effective June 6, 1989
(54 FR 15029), on November 22, 1989, effective January 22, 1990 (54 FR
48243), on April 24, 1992, effective April 24, 1992 (57 FR 15029), on
June 2, 1993, effective August 2, 1993 (58 FR 31344), on August 5,
1994, effective October 4, 1994 (59 FR 39971), on August 5, 1999,
effective October 4, 1999 (64 FR 42630), on June 26, 2002, effective
June 26, 2002 (67 FR 43027), on April 15, 2009 (74 FR 17423) effective
April 15, 2009, and on April 17, 2009 (74 FR 17785) effective April 17,
2009.
EPA first codified Wisconsin's authorized hazardous waste program
on February 21, 1989, effective April 24, 1989 (54 FR 7422), and
updated the codification of Wisconsin's program on March 30, 1990,
effective May 29, 1990 (55 FR 11910), and September 22, 1993, effective
November 22, 1993 (58 FR 49199). In this action, EPA is revising
Subpart YY of 40 CFR part 272 to include the authorization revision
actions effective through April 17, 2009.
C. What decisions have we made in this rule?
The purpose of today's Federal Register document is to codify
Wisconsin's base hazardous waste management program and its revisions
to that program. This codification reflects the Wisconsin hazardous
waste program EPA authorized in final rules dated April 15, 2009 (74 FR
17423) and April 17, 2009 (74 FR 17785).
EPA provided notices and opportunity for comments on its decisions
to authorize the Wisconsin program. EPA is not now reopening the
decisions, nor requesting comments, on the Wisconsin authorizations as
published in the Federal Register notices specified in Section B of
this document.
This document incorporates by reference Wisconsin's authorized
hazardous waste statutes and regulations and clarifies which provisions
are included in the authorized and federally enforceable program. By
codifying Wisconsin's authorized program and by amending the CFR, the
public will be more easily able to discern the status of federally
approved requirements of the Wisconsin hazardous waste management
program.
EPA is incorporating by reference the Wisconsin authorized
hazardous waste program in subpart YY of 40 CFR part 272. 40 CFR
272.2501 incorporates by reference Wisconsin's authorized hazardous
waste statutes and regulations. Section 272.2501 also references the
statutory provisions (including procedural and enforcement provisions)
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements, and the Program Description, which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.
D. What is the effect of Wisconsin's codification on enforcement?
The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized States.
On occasion when EPA might need to undertake these actions, it will
rely on Federal sanctions, Federal inspection authorities, and Federal
procedures rather than any authorized State analogues to these
provisions. Therefore, EPA is not incorporating by reference any such
approved Wisconsin procedural and enforcement authorities. 40 CFR
272.2501(c)(2) lists the statutory provisions which provide the legal
basis for the State's implementation of the hazardous waste management
program, as well as those procedural and enforcement authorities that
are part of the State's approved program, but these are not
incorporated by reference.
E. What State provisions are not part of the codification?
The public needs to be aware that some provisions of Wisconsin's
hazardous waste management program are not part of the federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which Wisconsin is not authorized, but which
have been incorporated into the State regulations because of the way
the State adopted Federal regulations by reference.
(3) Unauthorized State requirements; and
[[Page 26618]]
(4) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplement the Federal statutory
enforcement and procedural authorities.
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and EPA will not
enforce them. Therefore, they are not incorporated by reference in 40
CFR part 272. For reference and clarity, 40 CFR 272.2510 (c) (3) lists
the Wisconsin regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by EPA; the State, however, may enforce such provisions
under State law.
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
F. What will be the effect of federal HSWA requirements on the
codification?
EPA is not amending 40 CFR part 272 to include HSWA requirements
and prohibitions that are implemented by EPA. Section 3006(g) of RCRA
provides that any HSWA requirement or prohibition (including
implementing regulations) takes effect in authorized and not authorized
States at the same time. A HSWA requirement or prohibition supersedes
any less stringent or inconsistent State provision which may have been
previously authorized by EPA (50 FR 28702, July 15, 1985). EPA has the
authority to implement HSWA requirements in all States, including
authorized States, until the States become authorized for such
requirement or prohibition. Authorized States are required to revise
their programs to adopt the HSWA requirements and prohibitions, and
then to seek authorization for those revisions pursuant to 40 CFR part
271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), EPA
will wait until the State receives authorization for its analog to the
new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by EPA. However, until EPA authorizes those
State requirements, EPA can only enforce the HSWA requirements and not
the State analogs. EPA will not codify those State requirements until
the State receives authorization for those requirements.
II. Administrative Requirements
1. Executive Order 18266: Regulatory Planning Review
The Office of Management and Budget has exempted this rule from its
review under Executive Order 12866 (58 FR 51735, October 4, 1993) and,
therefore, this action is not subject to review by OMB.
2. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
3. Regulatory Flexibility Act
This action authorizes State requirements for the purpose of RCRA
section 3006 and imposes no additional requirements beyond those
imposed by State law. Accordingly, I certify that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
4. Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements 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 of 1995 (Pub. L. 104-4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.,
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, or 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 rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866 and because EPA does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action as defined
in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required
by RCRA, so 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
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply to this rule.
10. Executive Order 12988
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of the rule in accordance
with the Attorney General's Supplemental Guidelines for the Evaluation
of Risk and Avoidance of Unanticipated Takings issued under the
executive order.
[[Page 26619]]
12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rule proposes authorization of pre-existing State
rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health
or environmental effects, the rule is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994).
13. Congressional Review Act
EPA will submit a report containing this rule 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 the 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).
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Incorporation by reference,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
Dated: March 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.
For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Subpart YY--[Amended]
0
2. Section 272.2501 is revised to read as follows:
Sec. 272.2501 Wisconsin State-administered program: Final
authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b),
Wisconsin has final authorization for the following elements as
submitted to EPA in Wisconsin's base program application for final
authorization which was approved by EPA effective on January 31, 1986.
Subsequent program revision applications were approved effective on
June 6, 1989, January 22, 1990, April 24, 1992, August 2, 1993, October
4, 1994, October 4, 1999, June 26, 2002, April 15, 2009, and April 17,
2009.
(b) The State of Wisconsin has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, and 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
(c) State Statutes and Regulations.
(1) The Wisconsin regulations referenced in paragraph (c)(1)(i) of
this section are incorporated by reference as part of the hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq. (See Sec. 272.2). The director of the Federal Register approves
this incorporation by reference in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain copies of the Wisconsin regulations
(Wisconsin Administrative Code) that are incorporated by reference in
this paragraph from: Reference Bureau, One East Main Street, Suite 200,
Madison, Wisconsin 53701-2037. You may inspect a copy at EPA Region 5,
from 8 a.m. to 4 p.m., 77 West Jackson Boulevard, Chicago, Illinois,
60604, or at the National Archives and Records Administration (NARA).
For more information on the availability of this material at NARA, call
202-741-6030, or go to: http:/www.archives.gov/federal-register/cfr/ibrlocations.html.
(i) The Binder entitled ``EPA-Approved Wisconsin Department of
Natural Resources Regulatory and Statutory Requirements Applicable to
the Hazardous Waste Program,'' May 2009. Only those provisions that
have been authorized by EPA are incorporated by reference. These
regulatory provisions are listed in Appendix A to Part 272.
(ii) [Reserved]
(2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities: Wisconsin Statutes, Sections 13.93(2m)(b)7, 19.21, 19.31,
19.32(2) and (5), 19.35(3) and (4), 19.36, 19.37(1) and (2), 23.32(1),
101.055, 141.05(47), 227.14, 227.51, 283.01(7) and (12), 283.11,
283.21(2), 283.31, 283.33, 287.07(1m)(a) and (am), 287.15, 287.18,
287.189, 289.22(1m) and (2), 289.25-289.28, 289.30(3), 289.33(6),
289.34, 289.41(1)(a),(b), (c) and (m), (3)(a)(5), (4) and (5)(d), (6)
and (7), 289.61-289.68, 289.91-289.97, 291.01(7), (17), and (21),
291.05 (1)-(7), 291.11, 291.15, 291.21, 291.23, 291.25, 291.25(4),
291.37, 291.85-291.97, 291.97(1), 292, 292.11, 295.01(2)(c),
299.45(1)(a), 803.09 and 985.05. Copies of the Wisconsin Statutes are
available from: Legislative Reference Bureau, One East Main Street,
Suite 200, Madison, Wisconsin 53701-2037.
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) The Wisconsin Administrative Code, 2006/2007 Edition, Sections
NR 665.0071(1)(b)6, 666.900-666.905, 666.909, 666.910, 670.007, and
670.427, chapter NR 670 Appendix II: Hazardous Waste Fee Table, and
section NR 673.08.
(ii) [Reserved]
(4) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 5 and the State of Wisconsin (WDNR), signed by the EPA
Regional Administrator on October 23, 2008, is referenced as part of
the authorized hazardous waste management program under subtitle C of
RCRA, 42 U.S.C. 6921 et seq.
(5) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization,'' signed by the Attorney General of Wisconsin
on July 23, 1985, and revisions, supplements and addenda to that
Statement dated December 27, 1985, June 30, 1987, July 22, 1987, March
29, 1988, December 10, 1991, February 25, 1994, April 27, 1999,
September 18, 2000, and October 31, 2007 are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(6) Program Description. The Program Description and any other
materials submitted as supplements thereto are referenced as part of
the authorized hazardous waste management program under subtitle C of
RCRA, 42 U.S.C. 6921 et seq.
0
3. Appendix A to part 272 is amended by revising the listing for
Wisconsin to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Wisconsin
The regulatory provisions include: The Wisconsin Administrative
Code, 2006/2007
[[Page 26620]]
Edition, sections NR 660.01, 660.02, 660.07, 660.10, 660.11, 660.20-
660.23, 660.30-660.33, 660.40, 660.41, 661.01-661.04, 661.06-661.11,
661.20-661.24, 661.30-661.33, 661.35 and 661.38 and chapter NR 661
Appendix I, II, III, VII and VIII, sections NR 662.010-662.012,
662.020, 662.022, 662.023, 662.027, 662.030-662.034, 662.040-
662.043, 662.050-662.058, 662.060, 662.070, 662.080-662.087,
662.089, 662.190-662.194, 662.220, 663.10-663.13, 663.20-663.22,
663.30, 663.31, 664.0001, 664.0003, 664.0004, 664.0010-664.0019,
664.0025, 664.0030-664.0035, 664.0037, 664.0050-664.0056, 664.0070-
664.0077, 664.0090-664.0101, 664.0110-664.0120, 664.0140-664.0148,
664.0151, 664.0170-664.0179, 664.0190-664.0200, 664.0220-664.0223,
664.0226-664.0232, 664.0250-664.0259, 664.0270, 664.0300-664.0304,
664.0309, 664.0310, 664.0312-664.0317, 664.0340-664.0345, 664.0347,
664.0351, 664.0550-664.0555, 664.0570-664.0575, 664.0600-664.0603,
664.1030-664.1036, 664.1050-664.1065, 664.1080-664.1090, 664.1100-
664.1102 and 664.1200-664.1202, chapter NR 664 Appendix I, IV, V and
IX, sections NR 665.0001, 665.0004, 665.0010-665.0019, 665.0030-
665.0035, 665.0037, 665.0050-665.0056, 665.0070-665.0077 (excluding
665.0071(1)(b)6), 665.0090-665.0094, 665.0110-665.0121, 665.0140-
665.0148, 665.0170-665.0174, 665.0176-665.0178, 665.0190-665.0200,
665.0202, 665.0220-665.0226, 665.0228-665.0231, 665.0250-665.0260,
665.0270, 665.0300-665.0304, 665.0309, 665.0310, 665.0312-665.0316,
665.0340, 665.0341, 665.0345, 665.0347, 665.0351, 665.0352,
665.0370, 665.0373, 665.0375, 665.0377, 665.0381-665.0383, 665.0400-
665.0406, 665.0430, 665.0440-665.0445, 665.1030-665.1035, 665.1050-
665.1064, 665.1080-665.1090, 665.1100-665.1102 and 665.1200-
665.1202, chapter NR 665 Appendix I, III, IV, V and VI, sections NR
666.020-666.023, 666.070, 666.080, 666.100-666.112, 666.200-666.206,
666.210, 666.220, 666.225, 666.230, 666.235, 666.240, 666.245,
666.250, 666.255, 666.260, 666.305, 666.310, 666.315, 666.320,
666.325, 666.330, 666.335, 666.340, 666.345, 666.350, 666.355,
666.360, chapter NR 666 Appendix I- IX and XI -XIII, sections NR
668.01-668.07, 668.09, 668.14, 668.30-668.46 and 668.48-668.50,
chapter NR 668 Appendix III, IV, VI-IX and XI, sections NR 670.001,
670.002, 670.004, 670.005, 670.010-670.019, 670.021-670.033,
670.040-670.043, 670.050, 670.051, 670.061, 670.062, 670.065,
670.066, 670.068, 670.070-670.073, 670.079, 670.235, 670.401,
670.403-670.406, 670.408-670.412, 670.415, 670.417, and 670.431-
670.433, chapter NR 670 Appendix I, sections NR 673.01-673.05,
673.09-673.20, 673.30-673.40, 673.50-673.56, 673.60-673.62, 673.70,
673.80, 673.81, 679.01, 679.10-679.12, 679.20-679.24, 679.30-679.32,
679.40-679.47, 679.50-679.67, 679.70-679.75, and 679.80-679.82.
Copies of the Wisconsin regulations that are incorporated by
reference can be obtained from: Legislative Reference Bureau, One
East Main Street, Suite 200, Madison, Wisconsin 53701-2037.
[FR Doc. 2011-11157 Filed 5-6-11; 8:45 am]
BILLING CODE 6560-50-P
