80 FR 51141 - North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 163 (August 24, 2015)
Federal Register Volume 80, Issue 163 (August 24, 2015)
| Page Range | 51141-51144 | |
| FR Document | 2015-20907 |
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)] [Rules and Regulations] [Pages 51141-51144] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20907] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R04-RCRA-2015-0294; FRL-9932-93-Region 4] North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: North Carolina has applied to the United States Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this direct final rule. In the ``Proposed Rules'' section of today's Federal Register, EPA is also publishing a separate document that serves as the proposal to authorize these changes. EPA believes this action is not controversial and does not expect comments that oppose it. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize North Carolina's changes to its hazardous waste program will take effect. If EPA receives comments that oppose this action, EPA will publish a document in the Federal Register withdrawing today's direct final rule before it takes effect, and the separate document published in today's ``Proposed Rules'' section of this Federal Register will serve as the proposal to authorize the changes. DATES: This final authorization will become effective on October 23, 2015 unless EPA receives adverse written comment by September 23, 2015. If EPA receives such comment, EPA will publish a timely withdrawal of this direct final rule in the Federal Register and inform the public that this authorization will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- RCRA-2015-0294, by one of the following methods:Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions for submitting comments. Email: [email protected]. Fax: (404) 562-9964 (prior to faxing, please notify the EPA contact listed below). Mail: Send written comments to Gwendolyn Gleaton, RCRA Programs and Materials Management Section, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Hand Delivery or Courier: Deliver your comments to Gwendolyn Gleaton, RCRA Programs and Materials Management Section, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: EPA must receive your comments by September 23, 2015. Direct your comments to Docket ID No. EPA-R04-RCRA-2015-0294. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential [[Page 51142]] 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 www.regulations.gov or email. The 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 email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made publicly available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. (For additional information about EPA's public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm). 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., 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 www.regulations.gov, or in hard copy. You may view and copy North Carolina's application and associated publicly available materials from 8:00 a.m. to 4:00 p.m. at the following locations: EPA, Region 4, Resource Conservation and Restoration Division, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: (404) 562-8500; and the North Carolina Department of Environment and Natural Resources, 217 West Jones Street, Raleigh, North Carolina 27603; telephone number: (919) 707-8219. Interested persons wanting to examine these documents should make an appointment with the office at least a week in advance. FOR FURTHER INFORMATION CONTACT: Gwendolyn Gleaton, RCRA Programs and Materials Management Section, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: (404) 562-8500; fax number: (404) 562-9964; email address: [email protected]. SUPPLEMENTARY INFORMATION: A. Why are revisions to state programs necessary? States which have received final authorization from 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 EPA to authorize the 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 EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) take effect in authorized States at the same time that they take effect in unauthorized States. Thus, EPA will implement those requirements and prohibitions in North Carolina, including the issuance of new permits implementing those requirements, until the State is granted authorization to do so. B. What decisions has EPA made in this rule? On March 9, 2014, North Carolina submitted a final complete program revision application seeking authorization of changes to its hazardous waste program that correspond to certain Federal rules promulgated between July 1, 2008 and June 30, 2014 (also known as RCRA Clusters XIX through XXIII). EPA concludes that North Carolina's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants North Carolina final authorization to operate its hazardous waste program with the changes described in the authorization application, and as outlined below in Section G of this document. North Carolina has responsibility for permitting treatment, storage, and disposal facilities within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of HSWA, as discussed above. C. What is the effect of this authorization decision? The effect of this decision is that the changes described in North Carolina's authorization application will become part of the authorized State hazardous waste program, and will therefore be federally enforceable. North Carolina will continue to have primary enforcement authority and responsibility for its State hazardous waste program. EPA retains its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to: Conduct inspections, and require monitoring, tests, analyses, or reports; Enforce RCRA requirements, including authorized State program requirements, and suspend or revoke permits; and Take enforcement actions regardless of whether the State has taken its own actions. This action does not impose additional requirements on the regulated community because the regulations for which North Carolina is being authorized by today's action are already effective and enforceable requirements under State law, and are not changed by today's action. D. Why wasn't there a proposed rule before today's rule? Along with this direct final rule, EPA is publishing a separate document in the ``Proposed Rules'' section of today's Federal Register that serves as the proposal to authorize these State program changes. EPA did not publish a proposed rule before today because EPA views this as a routine program change and does not expect comments that oppose this approval. EPA is providing an opportunity for public comment now, as described in Section E of this document. E. What happens if EPA receives comments that oppose this action? If EPA receives comments that oppose this authorization, EPA will withdraw today's direct final rule by publishing a document in the Federal Register before the rule becomes effective. EPA will base any further decision on the authorization of the State program changes on the proposed rule [[Page 51143]] mentioned in the previous section, after considering all comments received during the comment period, and will address all such comments in a later final rule. You may not have another opportunity to comment on these State program changes. If you want to comment on this authorization, you must do so at this time. If EPA receives comments that oppose only the authorization of a particular change to the State hazardous waste program, EPA will withdraw that part of today's direct final rule, but the authorization of the program changes that the comments do not oppose will become effective on the date specified above. The Federal Register withdrawal document will specify which part of the authorization will become effective, and which part is being withdrawn. F. What has North Carolina previously been authorized for? North Carolina initially received final authorization on December 14, 1984, effective December 31, 1984 (49 FR 48694), to implement a hazardous waste management program. EPA granted authorization for changes to North Carolina's program on the following dates: March 25, 1986, effective April 8, 1986 (51 FR 10211); August 5, 1988, effective October 4, 1988 (53 FR 1988); February 9, 1989, effective April 10, 1989 (54 FR 6290); September 22, 1989, effective November 21, 1989 (54 FR 38993); January 18, 1991, effective March 19, 1991 (56 FR 1929); April 10, 1991, effective June 9, 1991 (56 FR 14474); July 19, 1991, effective September 17, 1991 (56 FR 33206); April 27, 1992, effective June 26, 1992 (57 FR 15254); December 12, 1992, effective February 16, 1993 (57 FR 59825); January 27, 1994, effective March 28, 1994 (59 FR 3792); April 4, 1994, effective June 3, 1994 (59 FR 15633); June 23, 1994, effective August 22, 1994 (59 FR 32378); November 10, 1994, effective January 9, 1995 (59 FR 56000); September 27, 1995, effective November 27, 1995 (60 FR 49800); April 25, 1996, effective June 24, 1996 (61 FR 18284); October 23, 1998, effective December 22, 1998 (63 FR 56834); August 25, 1999, effective October 25, 1999 (64 FR 46298); February 28, 2002, effective April 29, 2002 (67 FR 9219); December 14, 2004, effective February 14, 2005 (69 FR 74444); March 23, 2005, effective May 23, 2005 (70 FR 14556); February 7, 2011, effective April 8, 2011 (76 FR 6561); and June 14, 2013, effective August 13, 2013 (78 FR 35766). G. What changes is EPA authorizing with this action? On March 9, 2014, North Carolina submitted a final complete program revision application seeking authorization of its changes in accordance with 40 CFR 271.21. EPA now makes an immediate final decision, subject to receipt of written comments that oppose this action, that North Carolina's hazardous waste program revisions are equivalent to, consistent with, and no less stringent than the Federal program, and therefore satisfy all of the requirements necessary to qualify for final authorization. Therefore, EPA grants North Carolina final authorization for the following program changes: ---------------------------------------------------------------------------------------------------------------- Analogous state authority Description of Federal requirement Federal Register date and page \1\ ---------------------------------------------------------------------------------------------------------------- 220--Academic Laboratories Generator 73 FR 72912, 12/01/2008.................... 15A NCAC 13A .0106(a); and Standards. 15A NCAC 13A .0107(a) & (i). 223--Hazardous Waste Technical 75 FR 12989, 03/18/2010.................... 15A NCAC 13A .0102(b); 15A Corrections and Clarifications. 75 FR 31716, 06/04/2010.................... NCAC 13A .0106(a), (c), (d) & (f); 15A NCAC 13A .0107(a)-(d) & (f); 15A NCAC 13A .0108(a); 15A NCAC 13A .0109(e), (f), (o) & (s); 15A NCAC 13A .0110(d), (e) & (n); 15A NCAC 13A .0111(a)-(d); 15A NCAC 13A .0112(c); and 15A NCAC 13A .0113(a). 225--Removal of Saccharin and Its 75 FR 78918, 12/17/2010.................... 15A NCAC 13A .0106(d) & (f); Salts from the Lists of Hazardous and 15A NCAC 13A .0112(c) & Wastes. (e). 226--Academic Laboratories Generator 75 FR 79304, 12/20/2010.................... 15A NCAC 13A .0107(i). Standards Technical Corrections. 227--Revision of the Land Disposal 76 FR 34147, 06/13/2011.................... 15A NCAC 13A .0112(c). Treatment Standards for Carbamate Wastes. 228--Hazardous Waste Technical 77 FR 22229, 04/13/2012.................... 15A NCAC 13A .0106(d); and Corrections and Clarifications Rule. 15A NCAC 13A .0111(a). 229--Conditional Exclusions for 78 FR 46448, 07/31/2013.................... 15A NCAC 13A .0102(b); and Solvent Contaminated Wipes. 15A NCAC 13A .0106(a). ---------------------------------------------------------------------------------------------------------------- \1\ The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules, 15A NCAC 13A, effective as of May 17, 2011. H. Where are the revised State rules different from the Federal rules? There are no State requirements in this program revision considered to be more stringent or broader in scope than the Federal requirements. I. Who handles permits after the authorization takes effect? North Carolina will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which EPA issued prior to the effective date of this authorization until they expire or are terminated. EPA will not issue any more permits or new portions of permits for the provisions listed in the Table above after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which North Carolina is not authorized. J. How does today's action affect Indian Country (18 U.S.C. 1151) in North Carolina? North Carolina is not authorized to carry out its hazardous waste program in Indian Country within the State, which includes the Eastern Band of Cherokee Indians. EPA will continue to implement and administer the RCRA program in these lands. K. What is codification and is EPA codifying North Carolina's hazardous waste program as authorized in this rule? Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. EPA does this by referencing the authorized State rules in [[Page 51144]] 40 CFR part 272. EPA is not codifying the authorization of North Carolina's changes at this time. However, EPA reserves the amendment of 40 CFR part 272, subpart II, for the authorization of North Carolina's program changes at a later date. L. Administrative Requirements The Office of Management and Budget (OMB) 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 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). 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 section 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 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 October 23, 2015, unless objections to this authorization are received. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian 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, and 6974(b). Dated: June 26, 2015. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2015-20907 Filed 8-21-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51141
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
Name of nonregulatory geographic State submittal EPA approval date Comments
SIP provision or nonattain- date
ment area
* * * * * * *
Section 110(a)(2) Infra- Statewide .... 8/15/2011, 8/24/2015, [Insert page This action addresses the following CAA elements:
structure Requirements 7/9/2012 number where the docu- 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
for the 2006 24-Hour ment begins]. (H), (J), (K), (L), and (M). We are not taking action
PM2.5 NAAQS. on the visibility protection requirements of (D)(i)(II)
and the state board requirements of (E)(ii). We will
address these requirements in a separate action.
* * * * * * *
■ 3. Section 52.2591 is amended by ENVIRONMENTAL PROTECTION receives such comment, EPA will
revising paragraph (c) to read as follows: AGENCY publish a timely withdrawal of this
direct final rule in the Federal Register
§ 52.2591 Section 110(a)(2) Infrastructure 40 CFR Part 271 and inform the public that this
Requirements. authorization will not take effect.
[EPA–R04–RCRA–2015–0294; FRL–9932–
* * * * * 93–Region 4] ADDRESSES: Submit your comments,
(c) Approval and Disapproval — In a identified by Docket ID No. EPA–R04–
January 24, 2011, submittal, North Carolina: Final Authorization of RCRA–2015–0294, by one of the
supplemented on March 28, 2011, and State Hazardous Waste Management following methods:
June 29, 2012, Wisconsin certified that Program Revisions • Federal eRulemaking Portal:
the State has satisfied the infrastructure www.regulations.gov. Follow the on-line
AGENCY: Environmental Protection
SIP requirements of section 110(a)(2)(A) instructions for submitting comments.
Agency (EPA). • Email: gleaton.gwen@epa.gov.
through (H), and (J) through (M) for the ACTION: Direct final rule. • Fax: (404) 562–9964 (prior to
2006 24-hour PM2.5 NAAQS. EPA is faxing, please notify the EPA contact
approving Wisconsin’s submission SUMMARY: North Carolina has applied to
listed below).
the United States Environmental
addressing the infrastructure SIP • Mail: Send written comments to
requirements of section 110(a)(2)(A), Protection Agency (EPA) for final
Gwendolyn Gleaton, RCRA Programs
(B), (C) with respect to enforcement and authorization of changes to its
and Materials Management Section,
the GHG permitting threshold PSD hazardous waste program under the
Materials and Waste Management
requirement, (D)(i)(II) with respect to Resource Conservation and Recovery
Branch, Resource Conservation and
Act (RCRA). EPA has determined that
the GHG permitting threshold PSD Restoration Division, U.S.
these changes satisfy all requirements
requirement and visibility protection, Environmental Protection Agency,
needed to qualify for final authorization,
(D)(ii), (E) except for state board Atlanta Federal Center, 61 Forsyth
and is authorizing the State’s changes
requirements, (F) through (H), (J) except Street SW., Atlanta, Georgia 30303–
through this direct final rule. In the
for narrow prevention of significant 8960.
‘‘Proposed Rules’’ section of today’s • Hand Delivery or Courier: Deliver
deterioration requirements, and (K) Federal Register, EPA is also publishing
through (M). We are not finalizing your comments to Gwendolyn Gleaton,
a separate document that serves as the RCRA Programs and Materials
action on (D)(i)(I), the state board proposal to authorize these changes.
requirements of (E)(ii), and the PSD Management Section, Materials and
EPA believes this action is not Waste Management Branch, Resource
requirement of NOX as a precursor to controversial and does not expect Conservation and Restoration Division,
ozone in (C), (D)(i)(II), and (J). We will comments that oppose it. Unless EPA U.S. Environmental Protection Agency,
address these requirements in a separate receives written comments that oppose Atlanta Federal Center, 61 Forsyth
action. We are disapproving narrow this authorization during the comment Street SW., Atlanta, Georgia 30303–
portions of Wisconsin’s infrastructure period, the decision to authorize North 8960. Such deliveries are only accepted
SIP submission addressing the relevant Carolina’s changes to its hazardous during the Regional Office’s normal
prevention of significant deterioration waste program will take effect. If EPA hours of operation, and special
requirements of the 2008 NSR Rule receives comments that oppose this arrangements should be made for
(identifying PM2.5 precursors and the action, EPA will publish a document in deliveries of boxed information.
regulation of PM2.5 and PM10 the Federal Register withdrawing Instructions: EPA must receive your
condensables in permits) with respect to today’s direct final rule before it takes comments by September 23, 2015.
section 110(a)(2)(C), (D)(i)(II), and (J). effect, and the separate document Direct your comments to Docket ID No.
published in today’s ‘‘Proposed Rules’’ EPA–R04–RCRA–2015–0294. EPA’s
* * * * * section of this Federal Register will policy is that all comments received
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[FR Doc. 2015–20771 Filed 8–21–15; 8:45 am]
serve as the proposal to authorize the will be included in the public docket
BILLING CODE 6560–50–P
changes. without change and may be made
DATES: This final authorization will available online at www.regulations.gov,
become effective on October 23, 2015 including any personal information
unless EPA receives adverse written provided, unless the comment includes
comment by September 23, 2015. If EPA information claimed to be Confidential
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![51144 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
40 CFR part 272. EPA is not codifying for EPA, when it reviews a State Dated: June 26, 2015.
the authorization of North Carolina’s authorization application, to require the Heather McTeer Toney,
changes at this time. However, EPA use of any particular voluntary Regional Administrator, Region 4.
reserves the amendment of 40 CFR part consensus standard in place of another [FR Doc. 2015–20907 Filed 8–21–15; 8:45 am]
272, subpart II, for the authorization of standard that otherwise satisfies the BILLING CODE 6560–50–P
North Carolina’s program changes at a requirements of RCRA. Thus, the
later date. requirements of section 12(d) of the
L. Administrative Requirements National Technology Transfer and DEPARTMENT OF COMMERCE
Advancement Act of 1995 (15 U.S.C.
The Office of Management and Budget 272 note) do not apply. As required by National Oceanic and Atmospheric
(OMB) has exempted this action from section 3 of Executive Order 12988 (61 Administration
the requirements of Executive Order FR 4729, February 7, 1996), in issuing
12866 (58 FR 51735, October 4, 1993), this rule, EPA has taken the necessary 50 CFR Part 648
and therefore this action is not subject steps to eliminate drafting errors and
to review by OMB. This action ambiguity, minimize potential litigation, [Docket No. 120109034–2171–01]
authorizes State requirements for the
and provide a clear legal standard for RIN 0648–XE120
purpose of RCRA 3006 and imposes no
affected conduct. EPA has complied
additional requirements beyond those Fisheries of the Northeastern United
with Executive Order 12630 (53 FR
imposed by State law. Accordingly, I States; Small-Mesh Multispecies
8859, March 15, 1988) by examining the
certify that this action will not have a Fishery; Adjustment to the Northern
significant economic impact on a takings implications of the rule in
accordance with the ‘‘Attorney Red Hake Inseason Possession Limit
substantial number of small entities
under the Regulatory Flexibility Act (5 General’s Supplemental Guidelines for
AGENCY: National Marine Fisheries
U.S.C. 601 et seq.). Because this action the Evaluation of Risk and Avoidance of
Service (NMFS), National Oceanic and
authorizes pre-existing requirements Unanticipated Takings’’ issued under Atmospheric Administration (NOAA),
under State law and does not impose the executive order. This rule does not Commerce.
any additional enforceable duty beyond impose an information collection
ACTION: Temporary rule; inseason
that required by State law, it does not burden under the provisions of the
Paperwork Reduction Act of 1995, 44 adjustment.
contain any unfunded mandate or
significantly or uniquely affect small U.S.C. 3501 et seq. SUMMARY: We announce the reduction of
governments, as described in the The Congressional Review Act, 5 the commercial possession limit for
Unfunded Mandates Reform Act of 1995 U.S.C. 801 et seq., as added by the Small northern red hake for the remainder of
(Pub. L. 104–4). For the same reason, Business Regulatory Enforcement the 2015 fishing year. This action is
this action also does not significantly or Fairness Act of 1996, generally provides required to prevent the northern red
uniquely affect the communities of that before a rule may take effect, the hake total allowable landing limit from
Tribal governments, as specified by agency promulgating the rule must being exceeded. This announcement
Executive Order 13175 (65 FR 67249, submit a rule report, which includes a informs the public that the northern red
November 9, 2000). This action will not copy of the rule, to each House of the hake possession limit is reduced.
have substantial direct effects on the Congress and to the Comptroller General DATES: Effective August 24, 2015,
States, on the relationship between the of the United States. EPA will submit a through April 30, 2016.
national government and the States, or report containing this document and FOR FURTHER INFORMATION CONTACT: Reid
on the distribution of power and other required information to the U.S.
responsibilities among the various Lichwell, Fishery Management
Senate, the U.S. House of Specialist, 978–675–9112.
levels of government, as specified in Representatives, and the Comptroller
Executive Order 13132 (64 FR 43255, SUPPLEMENTARY INFORMATION: The small-
General of the United States prior to
August 10, 1999), because it merely publication in the Federal Register. A mesh multispecies fishery is managed
authorizes State requirements as part of major rule cannot take effect until 60 primarily through a series of exemptions
the State RCRA hazardous waste days after it is published in the Federal from the Northeast Multispecies
program without altering the Register. This action is not a ‘‘major Fisheries Management Plan. Regulations
relationship or the distribution of power rule’’ as defined by 5 U.S.C. 804(2). This governing the red hake fishery are found
and responsibilities established by action will be effective October 23, at 50 CFR part 648. The regulations
RCRA. This action also is not subject to 2015, unless objections to this describing the process to adjust
Executive Order 13045 (62 FR 19885, authorization are received. inseason commercial possession limits
April 23, 1997), because it is not of northern red hake are described in
economically significant and it does not List of Subjects in 40 CFR Part 271 § 648.86(d)(4) and (5). These regulations
make decisions based on environmental require the Regional Administrator to
health or safety risks. This rule is not Environmental protection, reduce the northern red hake possession
subject to Executive Order 13211, Administrative practice and procedure, limit from 3,000 lb (1,361 kg) to 1,500
‘‘Actions Concerning Regulations That Confidential business information, lb (680 kg) when landings have been
Significantly Affect Energy Supply, Hazardous waste, Hazardous waste projected to reach or exceed 45 percent
Distribution, or Use’’ (66 FR 28355, May transportation, Indian lands, of the total allowable landings (TAL).
22, 2001) because it is not a significant Intergovernmental relations, Penalties, The northern red hake possession limit
Reporting and recordkeeping is required to be further reduced to 400
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regulatory action under Executive Order
12866. requirements. lb (181 kg) if landings are projected to
Under RCRA section 3006(b), EPA Authority: This action is issued under the reach or exceed 62.5 percent of the TAL,
grants a State’s application for authority of sections 2002(a), 3006, and unless such a reduction would be
authorization as long as the State meets 7004(b) of the Solid Waste Disposal Act, as expected to prevent the TAL from being
the criteria required by RCRA. It would amended, 42 U.S.C. 6912(a), 6926, and reached. The final rule implementing
thus be inconsistent with applicable law 6974(b). the small-mesh multispecies
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Document Created: 2015-12-15 10:54:52
Document Modified: 2015-12-15 10:54:52
| 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 | Direct final rule. | |
| Dates | This final authorization will become effective on October 23, 2015 unless EPA receives adverse written comment by September 23, 2015. If EPA receives such comment, EPA will publish a timely withdrawal of this direct final rule in the Federal Register and inform the public that this authorization will not take effect. | |
| Contact | Gwendolyn Gleaton, RCRA Programs and Materials Management Section, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: (404) 562-8500; fax | |
| FR Citation | 80 FR 51141 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements |
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