South Dakota: Final Authorization of State Hazardous Waste Management Program Revisions, 47302-47303 [2012-19324]
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47302
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
‘‘Corn, pop’’; ‘‘Corn, pop, stover’’; ‘‘Goat
meat byproducts’’; ‘‘Hog, meat
byproducts’’; ‘‘Horse meat byproducts’’;
and ‘‘Sheep meat byproducts’’ to the
table in paragraph (a).
■ iii. Remove the entries for ‘‘Corn,
field, forage’’; ‘‘Corn, field, grain’’;
‘‘Corn, field, refined oil’’; ‘‘Corn, field,
stover’’; ‘‘Corn, pop’’; and ‘‘Corn, pop,
stover’’ from the table in paragraph (d).
The added entries read as follows:
§ 180.629 Flutriafol; tolerances for
residues.
(a) * * *
Parts per
million
Commodity
*
*
*
Cattle, meat byproducts .....
Corn, field, forage ...............
Corn, field, grain .................
Corn, field, refined oil .........
Corn, field, stover ...............
Corn, pop ............................
Corn, pop, stover ................
*
*
*
*
Goat, meat byproducts .......
*
*
*
*
Hog, meat byproducts ........
Horse, meat byproducts .....
*
*
*
*
Sheep, meat byproducts ....
*
*
0.07
*
*
*
*
*
*
*
*
*
*
0.07
0.75
0.01
0.02
1.5
0.01
1.5
*
0.02
0.07
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R08–RCRA–2010–0933; FRL–9712–3]
South Dakota: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is granting final
authorization of the changes to the
hazardous waste program revisions
submitted by South Dakota. The Agency
published a Proposed Rule on December
27, 2010, and provided for public
comment. No comments were received
on the Resource Conservation and
Recovery Act (RCRA) program issues.
There was one comment from the South
Dakota State Deputy Attorney General
regarding Indian country language. No
wreier-aviles on DSK5TPTVN1PROD with RULES
VerDate Mar<15>2010
13:48 Aug 07, 2012
Jkt 226001
This final rule is effective on
August 8, 2012.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–RCRA–2010–0933. All
documents in the docket are listed on
the Federal eRulemaking Portal: https://
www.regulations.gov. Publicly available
docket materials are available either
electronically through
www.regulations.gov or in hard copy at:
EPA Region 8, from 8 a.m. to 3 p.m.,
1595 Wynkoop Street, Denver, Colorado
80202, contact: Moye Lin, phone
number (303) 312–6667, email address:
lin.moye@epa.gov, or SDDENR, from 9
a.m. to 5 p.m., Joe Foss Building, 523 E.
Capitol, Pierre, South Dakota 57501,
contact: Carrie Jacobson, phone number
(605) 773–3153.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Moye Lin, 303–312–6667,
lin.moye@epa.gov or Carrie Jacobson,
phone number (605) 773–3153,
*
0.07 Carrie.Jacobson@state.sd.us.
[FR Doc. 2012–19317 Filed 8–7–12; 8:45 am]
SUMMARY:
further opportunity for comment will be
provided.
SUPPLEMENTARY INFORMATION:
I. Authorization of Revisions to South
Dakota’s Hazardous Waste Program
On April 1, 2010, South Dakota
submitted a final complete program
revision application seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make a Final decision that South
Dakota’s hazardous waste program
revisions satisfy all of the requirements
necessary to qualify for Final
authorization. For a list of rules that
become effective with this Final Rule
please see the Proposed Rule published
in the December 27, 2010 Federal
Register at 75 FR 81187.
Response to Comments: The EPA
proposed to authorize South Dakota’s
State Hazardous waste management
Program revisions published in the
December 27, 2010 Federal Register at
75 FR 81187. The EPA received only
one comment from the state of South
Dakota objecting to the EPA’s definition
of Indian country, where the state is not
authorized to administer its program.
Specifically, the state disagreed that all
‘‘trust land’’ in South Dakota is Indian
country. With this Final Rule the EPA
is clarifying that Indian country lands
within the exterior boundary of the
Yankton Reservation are excluded from
the state’s authorized program. Further
explanation of this interpretation of
Indian country can be found at 67 FR
45684 through 45686 (July 10, 2002).
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
II. Statutory and Executive Order
Reviews
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993), and
therefore this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
State law. Accordingly, I certify that this
action 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.). Because this action authorizes
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). For
the same reason, this action also does
not significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have 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, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), EPA grants a
State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. 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. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 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. 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.).
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 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 August 8, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Hazardous waste, Indian lands,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: July 2, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012–19324 Filed 8–7–12; 8:45 am]
wreier-aviles on DSK5TPTVN1PROD with RULES
BILLING CODE 6560–50–P
VerDate Mar<15>2010
13:48 Aug 07, 2012
Jkt 226001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110208116–2233–02]
RIN 0648–BA75
Atlantic Highly Migratory Species;
Electronic Dealer Reporting
Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule will require
that Federal Atlantic swordfish, shark,
and tuna dealers report receipt of
Atlantic sharks, swordfish, and bigeye,
albacore, skipjack, and yellowfin
(BAYS) tunas to NMFS through an
electronic reporting system on a weekly
basis. At this time, Atlantic Highly
Migratory Species (HMS) dealers will
not be required to report bluefin tuna
through this electronic reporting system,
as a separate reporting system is
currently in place for this species. This
final rule changes the current definition
of who is considered an Atlantic HMS
dealer and will require Atlantic HMS
dealers to submit dealer reports to
NMFS in a timely manner in order to be
able to purchase commerciallyharvested Atlantic sharks, swordfish,
and BAYS tunas. Any delinquent
reports will need to be submitted by the
dealer and received by NMFS before a
dealer can purchase commerciallyharvested Atlantic sharks, swordfish,
and BAYS tunas from a fishing vessel.
These measures are necessary to ensure
timely and accurate reporting, which is
critical for quota monitoring and
management of these species.
DATES: Effective January 1, 2013.
ADDRESSES: Highly Migratory Species
Management Division, 1315 East-West
Highway, Silver Spring, MD 20910.
Copies of the supporting documents,
including a Regulatory Impact Review
(RIR), Final Regulatory Flexibility
Analysis (FRFA), and small entity
compliance guide, are available online
at the HMS Management Division Web
site at https://www.nmfs.noaa.gov/sfa/
hms/. Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to Delisse Ortiz with
the Atlantic Highly Migratory Species
Management Division and by email to
SUMMARY:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
47303
OIRA_Submission@omb.eop.gov or fax
to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Delisse Ortiz or Karyl Brewster-Geisz at
301–427–8541, or Jackie Wilson at 240–
338–3936.
SUPPLEMENTARY INFORMATION:
Atlantic HMS are managed under the
dual authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), 16 U.S.C. 1801 et seq., and
the Atlantic Tunas Convention Act
(ATCA), 16 U.S.C. 971 et seq. Under the
MSA, NMFS must ensure consistency
with the National Standards and
manage fisheries to maintain optimum
yield, rebuild overfished fisheries, and
prevent overfishing. Under the ATCA,
the Secretary of Commerce is required
to promulgate regulations, as may be
necessary and appropriate, to
implement the recommendations
adopted by the International
Commission for the Conservation of
Atlantic Tunas (ICCAT). The authority
to issue regulations under MSA and
ATCA has been delegated from the
Secretary to the Assistant Administrator
for Fisheries, NOAA (AA). The
implementing regulations for Atlantic
HMS are at 50 CFR part 635.
Background
On June 28, 2011 (76 FR 37750),
NMFS published a proposed rule in the
Federal Register to require that Federal
Atlantic swordfish, shark, and tunas
dealers report receipts of Atlantic
sharks, swordfish, and BAYS tunas to
NMFS through an electronic reporting
system. The proposed rule also included
flexible reporting regimes, which would
allow NMFS to collect more frequent
dealer reports when key Atlantic shark
fisheries are open or as quotas become
filled in the Atlantic swordfish and
BAYS tunas fisheries, and addressed
two additional topics: the definition of
an Atlantic HMS dealer and the timely
submission of Atlantic HMS dealer
reports. The proposed rule contained
additional details regarding the impacts
of the alternatives considered and a
brief summary of the recent
management history. Those details are
not repeated here.
This final rule implements the
requirement of electronic HMS dealer
reporting, and is necessary to ensure
timely and accurate reporting, which is
critical for quota monitoring and
management of these species. As
described below, based in part on public
comment, in this final rule, NMFS is
changing several aspects of the
proposed rule.
In the proposed rule, NMFS
considered and analyzed four
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47302-47303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19324]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2010-0933; FRL-9712-3]
South Dakota: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is granting final authorization of the changes to the
hazardous waste program revisions submitted by South Dakota. The Agency
published a Proposed Rule on December 27, 2010, and provided for public
comment. No comments were received on the Resource Conservation and
Recovery Act (RCRA) program issues. There was one comment from the
South Dakota State Deputy Attorney General regarding Indian country
language. No further opportunity for comment will be provided.
DATES: This final rule is effective on August 8, 2012.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-RCRA-2010-0933. All documents in the docket are
listed on the Federal eRulemaking Portal: https://www.regulations.gov.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at: EPA Region 8, from 8
a.m. to 3 p.m., 1595 Wynkoop Street, Denver, Colorado 80202, contact:
Moye Lin, phone number (303) 312-6667, email address: lin.moye@epa.gov,
or SDDENR, from 9 a.m. to 5 p.m., Joe Foss Building, 523 E. Capitol,
Pierre, South Dakota 57501, contact: Carrie Jacobson, phone number
(605) 773-3153.
FOR FURTHER INFORMATION CONTACT: Moye Lin, 303-312-6667,
lin.moye@epa.gov or Carrie Jacobson, phone number (605) 773-3153,
Carrie.Jacobson@state.sd.us.
SUPPLEMENTARY INFORMATION:
I. Authorization of Revisions to South Dakota's Hazardous Waste Program
On April 1, 2010, South Dakota submitted a final complete program
revision application seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a Final decision that South
Dakota's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for Final authorization. For a list
of rules that become effective with this Final Rule please see the
Proposed Rule published in the December 27, 2010 Federal Register at 75
FR 81187.
Response to Comments: The EPA proposed to authorize South Dakota's
State Hazardous waste management Program revisions published in the
December 27, 2010 Federal Register at 75 FR 81187. The EPA received
only one comment from the state of South Dakota objecting to the EPA's
definition of Indian country, where the state is not authorized to
administer its program. Specifically, the state disagreed that all
``trust land'' in South Dakota is Indian country. With this Final Rule
the EPA is clarifying that Indian country lands within the exterior
boundary of the Yankton Reservation are excluded from the state's
authorized program. Further explanation of this interpretation of
Indian country can be found at 67 FR 45684 through 45686 (July 10,
2002).
II. Statutory and Executive Order Reviews
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action 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.). Because this action
authorizes 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). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have 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, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the
[[Page 47303]]
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. 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. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 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. 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.).
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 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 August 8, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Hazardous waste, Indian lands, Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: July 2, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-19324 Filed 8-7-12; 8:45 am]
BILLING CODE 6560-50-P