80 FR 50794 - Idaho: Final Authorization of State Hazardous Waste Management Program; Revision
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 162 (August 21, 2015)
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50794-50797 | |
| FR Document | 2015-20726 |
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)] [Rules and Regulations] [Pages 50794-50797] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20726] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R10-RCRA-2015-0307; FRL-9932-87-Region 10] Idaho: Final Authorization of State Hazardous Waste Management Program; Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Idaho applied to the Environmental Protection Agency (EPA) for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. On June 2, 2015, the EPA published a proposed rule to authorize the changes and opened a public comment period under Docket ID No. EPA-R10- RCRA-2015-0307. The comment period closed on July 2, 2015. The EPA received no comments on the proposed rule. The EPA has determined that the revisions to the Idaho hazardous waste management program satisfy all the requirements necessary to qualify for final authorization. The EPA is approving these revisions to Idaho's authorized hazardous waste management program in this final rule. DATES: Final authorization for the revisions to the hazardous waste management program in Idaho shall be effective at 1 p.m. EST on September 21, 2015. ADDRESSES: Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 www.regulations.gov or in hard copy at the EPA Region 10 Library, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101. The EPA Region 10 Library is open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. pst Monday through Friday, excluding legal holidays. The EPA Region 10 Library telephone number is (206) 553-1289. FOR FURTHER INFORMATION CONTACT: Barbara McCullough, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT-150, Seattle, Washington 98101, email: [email protected], phone number (206) 553-2416. SUPPLEMENTARY INFORMATION: A. Why are revisions to state programs necessary? States which have received final authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, states must change their programs and ask the EPA to authorize their changes. Changes to state programs may be necessary when Federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to the EPA's regulations codified in Title 40 of the Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. Idaho's hazardous waste management program received final authorization effective on April 9, 1990 (55 FR 11015, March 29, 1990). Subsequently, the EPA authorized revisions to the State's program effective June 5, 1992 (57 FR 11580, April 6, 1992), August 10, 1992 (57 FR 24757, June 11, 1992), June 11, 1995 (60 FR 18549, April 12, 1995), January 19, 1999 (63 FR 56086, October 21, 1998), July 1, 2002 (67 FR 44069, July 1, 2002), March 10, 2004 (69 FR 11322, March 10, 2004), July 22, 2005 (70 FR 42273, July 22, 2005), February 26, 2007 (72 FR 8283, February 26, 2007), December 23, 2008 (73 FR 78647, December 23, 2008), and July 11, 2012 (77 FR 34229, June 11, 2012). This final rule addresses a program revision application that Idaho submitted to the EPA in February 2015, in accordance with 40 CFR 271.21, seeking authorization of changes to the State program. On June 2, 2015, the EPA published a proposed rule (80 FR 31338) stating the Agency's intent to grant final authorization for revisions to Idaho's hazardous waste management program. The public comment period on this proposed rule ended on July 2, 2015, with no comments received. B. What decisions have we made in this final rule concerning authorization? The EPA has made a final determination that Idaho's revisions to its authorized hazardous waste management program meet all the statutory and regulatory requirements established by RCRA for authorization. Therefore, the EPA is authorizing the revised State of Idaho hazardous waste management program for all delegable Federal hazardous waste regulations codified by Idaho as of July 1, 2013, as described in the Attorney General's Statement in the February 2015 program revision application, and as discussed in Section E of this rule. Idaho's authorized program will be responsible for carrying out the aspects of the RCRA program described in its program revision application subject to the limitations of RCRA, including the Hazardous and Solid Waste Amendments (HSWA) 42 U.S.C. 6924, et seq. (1984). New Federal requirements and prohibitions imposed by Federal regulations that the EPA promulgates under the authority of HSWA, and which are not less stringent than existing requirements, take effect in authorized states before the states are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Idaho, including issuing permits, until the State is granted authorization to do so. C. What will be the effect of this action? The effect of this action is that a facility in Idaho subject to RCRA must comply with the authorized state program requirements in lieu of the corresponding Federal requirements to comply with RCRA. Additionally, such persons must comply with any applicable Federal requirements, such as, for example, HSWA regulations issued by the EPA for which the State has not received authorization, and RCRA requirements that are not supplanted by authorized state requirements. Idaho continues to have enforcement responsibilities under its state hazardous waste management program for violations of this program, but the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable statutory and regulatory provisions, which includes, among others, the authority to:Conduct inspections; Require monitoring, tests, analyses, or reports; Enforce RCRA requirements; Suspend, terminate, modify or revoke permits; and [[Page 50795]] Take enforcement actions regardless of whether the State has taken its own actions. This final action authorizing these revisions will not impose additional requirements on the regulated community because the regulations for which Idaho will be authorized are already effective under state law and are not changed by the act of authorization. D. What rules are we authorizing with this action? On February 11, 2015, Idaho submitted a program revision application to the EPA requesting authorization for all delegable Federal hazardous waste regulations codified as of July 1, 2012, incorporated by reference in IDAPA 58.01.05.000, et seq, which were adopted and effective in the State of Idaho on April 4, 2013. This authorization revision request includes the following federal rules for which Idaho is being authorized for the first time: Removal of Saccharin and its Salts from the Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Substances, 75 FR 78918, December 17, 2010; Technical Corrections to the Academics Lab Rule, 75 FR 79304, December 20, 2010; Revisions to the Treatment Standards for Carbamate Wastes, 76 FR 34147, June, 13, 2011; Hazardous Waste Manifest Printing Specifications Corrections, 76 FR 36363, June 22, 2011; and Hazardous Waste Technical Corrections and Clarifications Rule, 77 FR 22229, April 13, 2012. The EPA is authorizing the state's hazardous waste program in its entirety through July 1, 2013. There were no final federal RCRA hazardous waste regulations promulgated by the EPA from July 1, 2012 to July 1, 2013. E. Where are the revised state rules different from the Federal rules? Under RCRA Section 3009, the EPA may not authorize state law that is less stringent than the Federal program. Any state law that is less stringent does not supplant the Federal regulations. State law that is broader in scope than the Federal program requirements is not authorized. State law that is equivalent to, and state law that is more stringent than, the Federal program may be authorized, in which case those provisions are enforceable by the EPA. This section discusses certain rules where the EPA has made the finding that Idaho's program is more stringent and will be authorized, and discusses certain portions of the Federal program that are not delegable to the State because of the Federal government's special role in foreign policy matters and because of national concerns that arise with certain decisions. The EPA does not authorize states to administer Federal import and export functions in any section of the RCRA hazardous waste regulations. Even though states do not receive authorization to administer the Federal government's import and export functions, found in 40 CFR part 262, subparts E, F and H, state programs are required to adopt the Federal import and export provisions to maintain their equivalency with the Federal program. Idaho amended its import and export laws to include the Federal rule on Organization for Economic Cooperation and Development (OECD) Requirements; Export Shipments of Spend Lead-Acid Batteries (75 FR 1236, January 8, 2010). The State's rule is found at IDAPA 58.01.05.006. The EPA will continue to implement those requirements directly through the RCRA regulations. The EPA has found that Idaho's Emergency Notification Requirements (IDAPA 58.01.05.006.02), are more stringent than the Federal program. This is because the State's regulations require that the State Communications Center be contacted along with the Federal Center. The EPA has found the State's statutory requirement requiring hazardous waste generators and commercial hazardous waste disposal facilities to file annual hazardous waste generation reports, Idaho Code Sec. 39- 4411(4) and 39-4411(5), to be more stringent than the Federal program. As the EPA can authorize rules that are determined to be more stringent than the Federal program, these requirements are authorized. F. Who handles permits after the authorization takes effect? Idaho will continue to issue permits for all the provisions for which it is authorized and administer the permits it issues. If the EPA issued permits prior to authorizing Idaho for these revisions, these permits would continue in force until the effective date of the State's issuance or denial of a state hazardous waste permit, at which time the EPA would modify the existing EPA permit to expire at an earlier date, terminate the existing EPA permit for cause, or allow the existing EPA permit to otherwise expire by its terms, except for those facilities located in Indian Country. The EPA will not issue new permits or new portions of permits for provisions for which Idaho is authorized after the effective date of this authorization. The EPA will continue to implement and issue permits for HSWA requirements for which Idaho is not yet authorized. G. How does this action affect Indian country (18 U.S.C. 1151) in Idaho? Idaho is not authorized to carry out its hazardous waste program in Indian country, as defined in 18 U.S.C. 1151. Indian country includes: 1. All lands within the exterior boundaries of Indian reservations within or abutting the State of Idaho; 2. Any land held in trust by the U.S. for an Indian tribe; and 3. Any other land, whether on or off an Indian reservation, that qualifies as Indian country. Therefore, this action has no effect on Indian country. The EPA will continue to implement and administer the RCRA program on these lands. H. Statutory and Executive Order Reviews This final rule revises the State of Idaho's authorized hazardous waste management program pursuant to Section 3006 of RCRA and imposes no requirements other than those currently imposed by state law. This final rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866 and 13563 This action authorizes revisions to the federally approved hazardous waste program in Idaho. This type of action is exempt from review under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), and Executive Order 13563 (76 FR 3821, January 21, 2011). 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 final rule does not establish or modify any information or recordkeeping requirements for the regulated community. 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 [[Page 50796]] 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. The EPA has determined that this action will not have a significant impact on small entities because the final rule will only have the effect of authorizing existing requirements under state law and imposes no additional requirements beyond those imposed by state law. After considering the economic impacts of this action, 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. Therefore, this action is not subject to the requirements of sections 202 or 205 of the UMRA. This action is also not subject to the requirements of Section 203 of the UMRA because it contains no regulatory requirements that might significantly or uniquely affect small government entities. 5. Executive Order 13132: Federalism This action does not have federalism implications. It 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. This final rule authorizes existing state rules. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with the EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicited comment on the proposed action from state and local officials but did not receive any comments. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive order 13175, because the EPA retains its authority over Indian Country and does not authorize the state to implement its authorized program in Indian Country within the state's boundaries. Thus, the EPA has determined that Executive Order 13175 does not apply to this final rule. The EPA specifically solicited comment on the proposed rule from tribal officials and received no comments. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action is not subject to EO 13045 because it approves a state program and is authorizing existing state rules. 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 note) directs the EPA to use voluntary consensus standards 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 the EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, the EPA did not consider 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 12898 (59 FR 7629, February 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 authorizes existing state rules which are equivalent to, and no less stringent than existing federal requirements. 11. Congressional Review Act Congressional Review Act (CRA), 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. The EPA will submit a report containing this rule and other required information to the US Senate, the US 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). This rule will be effective September 15, 2015. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b). [[Page 50797]] Dated: August 11, 2015. Dennis J. McLerran, Regional Administrator, EPA Region 10. [FR Doc. 2015-20726 Filed 8-20-15; 8:45 am] BILLING CODE 6560-50-P
![50794 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations
Annual units that commenced operation Seattle, Washington 98101. The EPA B. What decisions have we made in this
prior to January 1, 2010, in the State and Region 10 Library is open from 9:00 a.m. final rule concerning authorization?
the state-determined amount of TR NOX to noon, and 1:00 to 4:00 p.m. pst
Annual allowances allocated to each The EPA has made a final
Monday through Friday, excluding legal
unit on such list for the 2016 control determination that Idaho’s revisions to
holidays. The EPA Region 10 Library
period, as approved by EPA on August its authorized hazardous waste
telephone number is (206) 553–1289.
21, 2015, [Insert Federal Register management program meet all the
citation]. FOR FURTHER INFORMATION CONTACT: statutory and regulatory requirements
Barbara McCullough, U.S. EPA, Region established by RCRA for authorization.
* * * * * Therefore, the EPA is authorizing the
[FR Doc. 2015–20629 Filed 8–20–15; 8:45 am]
10, 1200 Sixth Avenue, Suite 900, Mail
Stop: AWT–150, Seattle, Washington revised State of Idaho hazardous waste
BILLING CODE 6560–50–P
98101, email: mccullough.barbara@ management program for all delegable
epa.gov, phone number (206) 553–2416. Federal hazardous waste regulations
ENVIRONMENTAL PROTECTION codified by Idaho as of July 1, 2013, as
SUPPLEMENTARY INFORMATION:
AGENCY described in the Attorney General’s
A. Why are revisions to state programs Statement in the February 2015 program
40 CFR Part 271 necessary? revision application, and as discussed
in Section E of this rule. Idaho’s
[EPA–R10–RCRA–2015–0307; FRL–9932– States which have received final
87–Region 10]
authorized program will be responsible
authorization from the EPA under RCRA for carrying out the aspects of the RCRA
Idaho: Final Authorization of State section 3006(b), 42 U.S.C. 6926(b), must program described in its program
Hazardous Waste Management maintain a hazardous waste program revision application subject to the
Program; Revision that is equivalent to, consistent with, limitations of RCRA, including the
and no less stringent than the Federal Hazardous and Solid Waste
AGENCY: Environmental Protection program. As the Federal program Amendments (HSWA) 42 U.S.C. 6924,
Agency (EPA). changes, states must change their et seq. (1984). New Federal
ACTION: Final rule. programs and ask the EPA to authorize requirements and prohibitions imposed
their changes. Changes to state programs by Federal regulations that the EPA
SUMMARY: Idaho applied to the
may be necessary when Federal or state promulgates under the authority of
Environmental Protection Agency (EPA)
for final authorization of certain changes statutory or regulatory authority is HSWA, and which are not less stringent
to its hazardous waste program under modified or when certain other changes than existing requirements, take effect
the Resource Conservation and occur. Most commonly, states must in authorized states before the states are
Recovery Act (RCRA), as amended. On change their programs because of authorized for the requirements. Thus,
June 2, 2015, the EPA published a changes to the EPA’s regulations the EPA will implement those
proposed rule to authorize the changes codified in Title 40 of the Code of requirements and prohibitions in Idaho,
and opened a public comment period Federal Regulations (CFR) parts 124, including issuing permits, until the
under Docket ID No. EPA–R10–RCRA– 260 through 268, 270, 273, and 279. State is granted authorization to do so.
2015–0307. The comment period closed Idaho’s hazardous waste management C. What will be the effect of this action?
on July 2, 2015. The EPA received no program received final authorization
comments on the proposed rule. The effective on April 9, 1990 (55 FR 11015, The effect of this action is that a
EPA has determined that the revisions March 29, 1990). Subsequently, the EPA facility in Idaho subject to RCRA must
to the Idaho hazardous waste authorized revisions to the State’s comply with the authorized state
management program satisfy all the program effective June 5, 1992 (57 FR program requirements in lieu of the
requirements necessary to qualify for 11580, April 6, 1992), August 10, 1992 corresponding Federal requirements to
final authorization. The EPA is (57 FR 24757, June 11, 1992), June 11, comply with RCRA. Additionally, such
approving these revisions to Idaho’s 1995 (60 FR 18549, April 12, 1995), persons must comply with any
authorized hazardous waste January 19, 1999 (63 FR 56086, October applicable Federal requirements, such
management program in this final rule. 21, 1998), July 1, 2002 (67 FR 44069, as, for example, HSWA regulations
July 1, 2002), March 10, 2004 (69 FR issued by the EPA for which the State
DATES: Final authorization for the
11322, March 10, 2004), July 22, 2005 has not received authorization, and
revisions to the hazardous waste
(70 FR 42273, July 22, 2005), February RCRA requirements that are not
management program in Idaho shall be
26, 2007 (72 FR 8283, February 26, supplanted by authorized state
effective at 1 p.m. EST on September 21,
2007), December 23, 2008 (73 FR 78647, requirements. Idaho continues to have
2015.
December 23, 2008), and July 11, 2012 enforcement responsibilities under its
ADDRESSES: Docket: All documents in
(77 FR 34229, June 11, 2012). state hazardous waste management
the docket are listed in the program for violations of this program,
www.regulations.gov index. Although This final rule addresses a program but the EPA retains its authority under
listed in the index, some information is revision application that Idaho RCRA sections 3007, 3008, 3013, and
not publicly available, e.g., Confidential submitted to the EPA in February 2015, 7003, 42 U.S.C. 6927, 6928, 6934 and
Business Information or other in accordance with 40 CFR 271.21, 6973, and any other applicable statutory
information whose disclosure is seeking authorization of changes to the and regulatory provisions, which
restricted by statute. Certain other State program. On June 2, 2015, the EPA includes, among others, the authority to:
material, such as copyrighted material, published a proposed rule (80 FR
rmajette on DSK7SPTVN1PROD with RULES
• Conduct inspections;
will be publicly available only in hard 31338) stating the Agency’s intent to
copy. Publicly available docket grant final authorization for revisions to • Require monitoring, tests, analyses,
materials are available either Idaho’s hazardous waste management or reports;
electronically in www.regulations.gov or program. The public comment period on • Enforce RCRA requirements;
in hard copy at the EPA Region 10 this proposed rule ended on July 2, • Suspend, terminate, modify or
Library, 1200 Sixth Avenue, Suite 900, 2015, with no comments received. revoke permits; and
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![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50797
Dated: August 11, 2015. D Mail: Michael Townsend, Remedial Hancock County Public Library
Dennis J. McLerran, Project Manager—Superfund Division, 1210 Madison Street, Hawesville, KY
Regional Administrator, EPA Region 10. U.S. Environmental Protection Agency 42351. Hours: MTWF 8:30 to 4:30,
[FR Doc. 2015–20726 Filed 8–20–15; 8:45 am] Region 4, Atlanta Federal Center, 61 Thursday 8:30 to 7:00, Saturday 8:30 to
BILLING CODE 6560–50–P Forsyth Street SW., Atlanta, GA 30303. 12:00.
D Hand Delivery: U.S. Environmental FOR FURTHER INFORMATION CONTACT:
Protection Agency Region 4, Atlanta Michael Townsend, Remedial Project
ENVIRONMENTAL PROTECTION Federal Center, 61 Forsyth Street SW., Manager, U.S. Environmental Protection
AGENCY Atlanta, GA 30303. Such deliveries are Agency, Region 4, Atlanta Federal
only accepted during the Docket’s Center, 61 Forsyth Street SW., Atlanta,
40 CFR Part 300 normal hours of operation, and special GA 30303; townsend.michael@epa.gov
[EPA–HQ–SFUND–1994–0009; FRL–9932– arrangements should be made for or (404) 562–8813.
77–Region 4] deliveries of boxed information. SUPPLEMENTARY INFORMATION:
Instructions: Direct your comments to
National Oil and Hazardous Docket ID no. EPA–HQ–SFUND–1994– Table of Contents
Substances Pollution Contingency 0009. The EPA’s policy is that all I. Introduction
Plan; National Priorities List: Deletion comments received will be included in II. NPL Deletion Criteria
of the National Southwire Aluminum the public docket without change and III. Deletion Procedures
(NSA) Superfund Site may be made available online at http:// IV. Basis for Site Deletion
www.regulations.gov, including any V. Deletion Action
AGENCY: Environmental Protection
Agency (EPA). personal information provided, unless I. Introduction
ACTION: Direct final rule.
the comment includes information
The EPA Region 4 is publishing this
claimed to be Confidential Business
direct final Notice of Deletion of the
SUMMARY: The Environmental Protection Information (CBI) or other information
National Southwire Aluminum (Site),
Agency (EPA) Region 4 is publishing a whose disclosure is restricted by statute.
from the National Priorities List (NPL).
direct final Notice of Deletion of the Do not submit information that you
The NPL constitutes Appendix B of 40
National Southwire Aluminum (NSA) consider to be CBI or otherwise
CFR part 300, which is the National Oil
Superfund Site (Site), located in protected through http://
and Hazardous Substances Pollution
Hawesville, Hancock County, Kentucky, www.regulations.gov or email. The Contingency Plan (NCP), which the EPA
from the National Priorities List (NPL). http://www.regulations.gov Web site is promulgated pursuant to section 105 of
The NPL, promulgated pursuant to an ‘‘anonymous access’’ system, which the Comprehensive Environmental
section 105 of the Comprehensive means the EPA will not know your Response, Compensation and Liability
Environmental Response, identity or contact information unless Act (CERCLA) of 1980, as amended. The
Compensation, and Liability Act you provide it in the body of your EPA maintains the NPL as the list of
(CERCLA) of 1980, as amended, is an comment. If you send an email sites that appear to present a significant
appendix of the National Oil and comment directly to the EPA without risk to public health, welfare or the
Hazardous Substances Pollution going through http:// environment. Sites on the NPL may be
Contingency Plan (NCP). This direct www.regulations.gov, your email the subject of remedial act ions financed
final deletion is being published by the address will be automatically captured by the Hazardous Substance Superfund
EPA with the concurrence of the State and included as part of the comment (Fund). As described in § 300.425(e)(3)
of Kentucky, through the Kentucky that is placed in the public docket and of the NCP, sites deleted from the NPL
Division of Waste Management made available on the Internet. If you remain eligible for Fund-financed
(KDWM), because the EPA has submit an electronic comment, the EPA remedial actions if future conditions
determined that all appropriate recommends that you include your warrant such actions.
response actions under CERCLA, other name and other contact information in Section II of this document explains
than operation, maintenance, the body of your comment and with any the criteria for deleting sites from the
monitoring and five-year reviews, have disk or CD–ROM you submit. If the EPA NPL. Section III discusses procedures
been completed. However, this deletion cannot read your comment due to that the EPA is using for this action.
does not preclude future actions under technical difficulties and cannot contact Section IV discusses the National
Superfund. you for clarification, the EPA may not Southwire Aluminum Superfund Site
DATES: This direct final deletion is be able to consider your comment. and demonstrates how it meets the
effective October 5, 2015 unless the EPA Electronic files should avoid the use of deletion criteria. Section V discusses the
receives adverse comments by special characters, any form of EPA’s action to delete the Site from the
September 21, 2015. If adverse encryption and be free of any defects or NPL unless adverse comments are
comments are received, the EPA will viruses. received during the public comment
publish a timely withdrawal of the Docket: All documents in the docket period.
direct final deletion in the Federal are listed in the http://
Register informing the public that the www.regulations.gov index. Although II. NPL Deletion Criteria
deletion will not take effect. listed in the index, some information is The NCP establishes the criteria that
ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other the EPA uses to delete sites from the
identified by Docket ID no. EPA–HQ– information whose disclosure is NPL. In accordance with 40 CFR
restricted by statue. Certain other 300.425(e), sites may be deleted from
rmajette on DSK7SPTVN1PROD with RULES
SFUND–1994–0009, by one of the
following methods: material, such as copyrighted material, the NPL where no further response is
D http://www.regulations.gov. Follow will be publicly available only in the appropriate. In making such a
online instructions for submitting hard copy. Publicly available docket determination pursuant to 40 CFR
comments. materials are available either 300.425(e), the EPA will consider, in
D Email: townsend.michael@epa.gov. electronically at http:// consultation with the state, whether any
D Fax: 404 562–8788. www.regulations.gov or in hard copy at: of the following criteria have been met:
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Document Created: 2018-02-23 11:01:21
Document Modified: 2018-02-23 11:01:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Final authorization for the revisions to the hazardous waste management program in Idaho shall be effective at 1 p.m. EST on September 21, 2015. | |
| Contact | Barbara McCullough, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT-150, Seattle, Washington 98101, email: [email protected], phone number (206) 553-2416. | |
| FR Citation | 80 FR 50794 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Materials Transportation; Hazardous Waste; Indians-Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements |
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