[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6810-6816]
[FR Doc No: 2020-01478]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-RCRA-2019-0343; FRL-10001-54-Region 6]

Oklahoma: Incorporation by Reference of Approved State Hazardous
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule codifies in the regulations the prior approval of
Oklahoma's hazardous waste management program and incorporates by
reference authorized provisions of the State's statutes and
regulations. The Environmental Protection Agency (EPA) uses the
regulations entitled ``Approved State Hazardous Waste Management
Programs'' to provide notice of the authorization status of State
programs and to incorporate by reference those provisions of the State
statutes and regulations that are authorized and that

EPA will enforce under the Solid Waste Disposal Act, commonly referred
to as the Resource Conservation and Recovery Act (RCRA). The EPA
previously provided notifications and opportunity for comments on the
Agency's decisions to authorize the State of Oklahoma program and the
EPA is not now reopening the decisions, nor requesting comments, on the
Oklahoma authorizations as previously published in the Federal Register
documents specified in Section I.C of this final rule document.

DATES: This regulation is effective March 9, 2020. The Director of the
Federal Register approves this incorporation by reference as of March
9, 2020 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-RCRA-2019-0343. All documents in the docket are
listed in www.regulations.gov index. Although listed in the index, some
of the 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 electronically through
www.regulations.gov.
    You can view and copy the documents that form the basis for this
codification and associated publicly available materials from 8:30 a.m.
to 4:00 p.m. Monday through Friday at the following location: EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas, 75270, phone
number<PHONE_NUMBER>. Interested persons wanting to examine these
documents should make an appointment with the office.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization/Codification Coordinator, RCRA Permit Section (LCR-RP),
Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas 75270, phone number:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Incorporation by Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the EPA to authorize State
hazardous waste management programs to operate in lieu of the Federal
hazardous waste management regulatory program. The EPA codifies its
authorization of State programs in 40 CFR part 272 and incorporates by
reference State statutes and regulations that the EPA will enforce
under sections 3007 and 3008 of RCRA and any other applicable statutory
provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. Why wasn't there a proposed rule before this rule?

    The EPA is publishing this rule to codify Oklahoma's authorized
hazardous waste management program without a prior proposal because we
believe this action is not controversial. The reason being that, in
accordance with section 3006(b) of RCRA, EPA has already evaluated the
State's regulatory and statutory requirements and has determined that
the State's program meets the statutory and regulatory requirements
established by RCRA. The EPA previously provided notifications and
opportunity for comments on the Agency's decisions to authorize the
Oklahoma program. The EPA is not now reopening the decisions, nor
requesting new comments, on the Oklahoma authorizations as previously
published in the Federal Register documents specified in Section I.C of
this final rule document. The previous authorizations form the basis
for the codification addressed in this final rule.

C. What is the history of the authorization and codification of
Oklahoma's hazardous waste management program?

    Oklahoma initially received final authorization on December 27,
1984, effective January 10, 1985, (49 FR 50362) to implement its Base
Hazardous Waste Management program. We granted authorization for
changes to their program on April 17, 1990 (55 FR 14280), effective
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27,
1990; April 2, 1991 (56 FR 13411), effective June 3, 1991; September
20, 1991 (56 FR 47675), effective November 19, 1991; September 29, 1993
(58 FR 50854), effective November 29, 1993; October 7, 1994 (59 FR
51116), effective December 21, 1994; January 11, 1995 (60 FR 2699),
effective April 27, 1995; October 9, 1996 (61 FR 52884), effective
December 23, 1996, as corrected on March 14, 1997 (62 FR 12100),
effective March 14, 1997; April 30, 1998 63 FR 23673), effective July
14, 1998; September 22, 1998 (63 FR 50528), effective November 23,
1998; December 9, 1998 (63 FR 67800), effective February 8, 1999; March
29, 2000 (65 FR 16528), effective May 30, 2000; May 10, 2000 (65 FR
29981), effective July 10, 2000; January 2, 2001 (66 FR 28), effective
March 5, 2001; April 9, 2003 (68 FR 17308), effective June 9, 2003;
February 4, 2009 (74 FR 5994), effective April 6, 2009; April 6, 2011
(76 FR 18927), effective June 6, 2011; March 15, 2012 (77 FR 15273),
effective May 14, 2012; May 29, 2013 (78 FR 32161), effective July 29,
2013; August 29, 2014 (79 FR 51497), effective October 28, 2014; July
13, 2017 (82 FR 32249), effective September 11, 2017, and March 13,
2019 (84 FR 8988), effective March 13, 2019.
    The EPA incorporated by reference Oklahoma's then authorized
hazardous waste program effective December 13, 1993 (58 FR 52679), July
14, 1998 (63 FR 23673), October 25, 1999 (64 FR 46567), October 27,
2003 (68 FR 51488), August 27, 2010 (75 FR 36546), July 16, 2012 (77 FR
29231), October 9, 2012 (77 FR 46964), September 2, 2014 (79 FR 37226),
and December 27, 2016 (81 FR 73347). In this document, the EPA is
revising subpart LL of 40 CFR part 272 to include the recent
authorization revision actions effective September 11, 2017 (82 FR
32249) and March 13, 2019 (84 FR 8988).

D. What codification decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference of the authorized hazardous waste management
program of the State of Oklahoma. In accordance with requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
Oklahoma rules described in the amendments to 40 CFR part 272 set forth
in Sec.  272.1851. The EPA has made, and will continue to make, these
documents available electronically through http://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
    The purpose of this Federal Register document is to codify
Oklahoma's base hazardous waste management program and its revisions to
that program. The EPA provided notifications and opportunity for
comments on the Agency's decisions to authorize the Oklahoma program,
and the EPA is not now reopening the decisions, nor requesting
comments, on the Oklahoma

authorizations as published in the Federal Register documents specified
in Section I.C of this document.
    This document incorporates by reference Oklahoma's hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and federally enforceable program. By
codifying Oklahoma's authorized program and by amending the CFR, the
public will be more easily able to discern the status of federally
approved requirements of the Oklahoma hazardous waste management
program.
    The EPA is incorporating by reference the Oklahoma authorized
hazardous waste program in subpart LL of 40 CFR part 272. Section
272.1851 incorporates by reference Oklahoma's authorized hazardous
waste statutes and regulations. Section 272.1851 also references the
statutory and regulatory provisions (including procedural and
enforcement provisions) which provide the legal basis for the State's
implementation of the hazardous waste management program, the
Memorandum of Agreement, the Attorney General's Statements and the
Program Description, which are approved as part of the hazardous waste
management program under Subtitle C of RCRA.

E. What is the effect of Oklahoma's codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogs to these provisions. Therefore, the EPA is not
incorporating by reference such particular, approved Oklahoma
procedural and enforcement authorities. Section 272.1851(c)(2) of 40
CFR lists the statutory and regulatory provisions which provide the
legal basis for the State's implementation of the hazardous waste
management program, as well as those procedural and enforcement
authorities that are part of the State's approved program, but these
are not incorporated by reference.

F. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Oklahoma's
hazardous waste management program are not part of the federally
authorized State program. These provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which Oklahoma is not authorized, but which
have been incorporated into the State regulations because of the way
the State adopted Federal regulations by reference; and
    (3) A Federal program which has since been terminated by the U.S.
EPA.
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.1851(c)(3) lists
the Oklahoma regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
    Oklahoma has adopted but is not authorized for the Federal rules
published in the Federal Register on August 3, 1987 (52 FR 28697); June
1, 1990 (55 FR 22520, 261.33(c) only); October 5, 1990 (55 FR 40834);
February 1, 1991 (56 FR 3978); February 13, 1991 (56 FR 5910); April 2,
1991 (56 FR 13406); May 1, 1991 (56 FR 19951); December 23, 1991 (56 FR
66365); September 19, 1994 (59 FR 47980); May 12, 1995 (60 FR 25619);
June 29, 1995 (60 FR 33912), April 9, 2002 (67 FR 17119); June 14, 2005
(70 FR 34538), August 1, 2005 (70 FR 44150); and January 13, 2015 (80
FR 1694). Therefore, these Federal amendments included in Oklahoma's
adoption by reference at 252:205-3-2(b) through 252:205-3-2(m) of the
Oklahoma Administrative Code, are not part of the State's authorized
program and are not part of the incorporation by reference addressed by
this Federal Register document. After review and analysis of the
State's regulations, the EPA has notified the State to seek
authorization for the unauthorized rules that the State has adopted and
are documented in this Federal Register document. The EPA expects the
State to include these rules as part of their next Program Revision
Application package.
    Oklahoma adopted and was authorized for (1) the Federal Performance
Track program, as published in the Federal Register on April 22, 2004
(69 FR 21737), and amended on October 25, 2004 (69 FR 62217), and (2)
the following provisions regarding Performance Track in the April 4,
2006 (71 FR 16862) Burden Reduction Initiative amendments: 40 CFR
260.10, 264.15, 264.174, 264.195, 264.1101, 265.15, 265.174, 265.195,
265.201, 265.1101, 270.42(l) and Item O.1 of Appendix I to 270.42. The
Performance Track program has since been terminated by the U.S. EPA.
Oklahoma is in the process of revising their regulations to adopt the
removal of the Performance Track provisions from the Federal
regulations, as addressed in the Generator Improvement rule (81 FR
85732; May 30, 2017).
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

G. What will be the effect of Federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and
non-authorized States at the same time. A HSWA requirement or
prohibition supersedes any less stringent or inconsistent State
provision which may have been previously authorized by the EPA (50 FR
28702, July 15, 1985). The EPA has the authority to implement HSWA
requirements in all States, including authorized States, until the
States become authorized for such requirement or prohibition.
Authorized States are required to revise their programs to adopt the
HSWA requirements and prohibitions, and then to seek authorization for
those revisions pursuant to 40 CFR part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce

the HSWA requirements and not the State analogs. The EPA will not
codify those State requirements until the State receives authorization
for those requirements.

II. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action
incorporates by reference Oklahoma's authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Therefore, this action is not subject to
review by OMB. This action is not an Executive Order 13771 (82 FR 9339,
February 3, 2017) regulatory action because actions such as this
codification of Oklahoma's revised hazardous waste program under RCRA
are exempted under Executive Order 12866. 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 incorporates by
reference 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 (2 U.S.C. 1531-1538). 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 incorporates by reference
existing authorized requirements as part of the State RCRA hazardous
waste management 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. The requirements
being codified are the result of Oklahoma's voluntary participation in
the EPA's State program authorization process under RCRA Subtitle C.
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, the EPA has taken the necessary steps
to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
The 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.). ``Burden'' is defined at 5 CFR
1320.3(b).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Because this rule
codifies pre-existing State rules which are at least equivalent to, and
no less stringent than existing federal requirements, and imposes no
additional requirements beyond those imposed by State law, and there
are no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801-808, 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 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).

List of Subjects in 40 CFR Part 272

    Environmental protection, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.

    Dated: January 23, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons set forth in the preamble, EPA is amending 40 CFR
part 272 as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.1851 to read as follows:

Sec.  272.1851  Oklahoma State-Administered program: Final
authorization.

    (a) History of the State of Oklahoma authorization. Pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Oklahoma
final authorization for the following elements as submitted to EPA in
Oklahoma's base program application for final authorization which was
approved by EPA effective on January 10, 1985. Subsequent program
revision applications were approved effective on June 18, 1990,
November 27, 1990, June 3, 1991, November 19, 1991, November 29, 1993,
December 21, 1994, April 27, 1995, December 23, 1996 (as corrected
effective March 14, 1997), July 14, 1998 and November 23, 1998,
February 8, 1999, May 30, 2000, July 10, 2000, March 5, 2001, June 9,
2003, April 6, 2009, June 6, 2011, May 14, 2012, July 29, 2013, October
28, 2014, September 11, 2017, and March 13, 2019.

    (b) Enforcement authority. The State of Oklahoma has primary
responsibility for enforcing its hazardous waste management program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the State has taken its own actions, as well as in accordance with
other statutory and regulatory provisions.
    (c) State statutes and regulations--(1) Incorporation by reference.
The Oklahoma statutes and regulations cited in paragraph (c)(1)(i) of
this section are incorporated by reference as part of the hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq. The Director of the Federal Register approves this incorporation
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain copies of the Oklahoma regulations that are incorporated by
reference in this paragraph (c)(1) from the State's Office of
Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma
City, OK 73152-3390; Phone number:<PHONE_NUMBER>; website: https://www.sos.ok.gov/oar/Default.aspx. The statutes are available from
Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-
888-728-7677; website: http://legalsolutions.thomsonreuters.com. You
may inspect a copy at EPA Region 6, 1201 Elm Street, Suite 500, Dallas,
Texas 75270 (Phone number<PHONE_NUMBER>), or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, email<EMAIL_ADDRESS>or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The compilation entitled ``EPA-Approved Oklahoma Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', March 2019. Only those provisions that have been authorized
by EPA are incorporated by reference. Those provisions are listed in
appendix A to this part.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis
for the State's implementation of the hazardous waste management
program, but they are not being incorporated by reference and do not
replace Federal authorities:
    (i) Oklahoma Environmental Crimes Act, as amended through August
26, 2016, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meeting Act, as amended through August 26, 2016,
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes (O.S.), Title 27A, ``Environment and
Natural Resources'', as amended through August 26, 2016: Chapter 1,
``Oklahoma Environmental Quality Act'', Sections 1-1-101 et seq.;
Chapter 2, ``Oklahoma Environmental Quality Code'', Sections 2-2-101,
2-2-104, 2-2-201, 2-3-101(F)(1), 2-3-104, 2-3-202, and 2-3-501 through
2-3-504; ``Oklahoma Hazardous Waste Management Act'', Sections 2-7-102,
2-7-104, 2-7-105 (except 2-7-105(27), 2-7-105(29) and 2-7-105(34)), 2-
7-106, 2-7-107, 2-7-108(B)(2), 2-7-109, 2-7-110(A), 2-7-111(C)(2)(b)
and (c), 2-7-111(C)(3), 2-7-113.1, 2-7-114, 2-7-115, 2-7-116(A), 2-7-
116(G), 2-7-116(I)(1), 2-7-117, 2-7-123 (except 2-7-123(F), 2-7-126,
and 2-7-129 through 2-7-133; ``Oklahoma Uniform Environmental
Permitting Act'', Sections 2-14-101 et seq.
    (iv) Oklahoma Open Records Act, as amended through August 26, 2016,
51 Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended through
August 26, 2016, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
    (vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter
205, Hazardous Waste Management, effective September 15, 2017 (2016
Edition, as amended by the 2017 Supplement): Subchapter 1, Sections
252:205-1-1(b), 252:205-1-3(a) and (b), 252:205-1-4(a) through (d);
Subchapter 3, Sections 252:205-3-2(a) introductory paragraph, (a)(1),
and (a)(3); Subchapter 11, Section 252:205-11-3.
    (3) Related legal provisions. The following statutory and
regulatory provisions are broader in scope than the Federal program,
are not part of the authorized program, and are not incorporated by
reference:
    (i) Oklahoma Hazardous Waste Management Act, as amended, 27A
Oklahoma Statutes (O.S.) as amended through August 26, 2016, Sections
2-7-119, 2-7-121, 2-7-121.1, and 2-7-134.
    (ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter
205, effective September 15, 2017 (2016 Edition, as amended by the 2017
Supplement): Subchapter 1, Sections 252:205-1-1(c)(2) and (3), 252:205-
1-2 ``RRSIA''. 252:205-1-2 ``Reuse'', 252:205-1-2 ``Speculative
accumulation'', 252:205-1-2 ``Transfer facility'', 252:205-1-2
``Transfer station'', 252:205-1-4(e); Subchapter 5, Section 252:205-5-
1(4); Subchapter 15; Subchapter 17; Subchapter 21; Subchapter 23; and
252:205 Appendices B, C and D.
    (4) Unauthorized State Amendments. (i) Oklahoma has adopted, but is
not authorized to implement, the Federal rules that are listed in the
table in this paragraph (c)(4)(i). The EPA will continue to implement
the Federal Hazardous and Solid Waste Act Amendments of 1984 (HSWA)
requirements for which Oklahoma is not authorized until the State
receives specific authorization for those requirements. The EPA will
not enforce the non-HSWA Federal rules although they may be enforceable
under State law. For those Federal rules that contain both HSWA and
non-HSWA requirements, the EPA will enforce only the HSWA portions of
the rules.

                     Table 1 to Paragraph (c)(4)(i)
------------------------------------------------------------------------
                                     Federal Register       Publication
       Federal requirement               reference             date
------------------------------------------------------------------------
Listing of Spent Pickle Liquor    55 FR 28697                     8/3/87
 (K062), (Correction 2) (Non-
 HSWA) (Rule 26.2).
Land Disposal Restrictions for    55 FR 22520                     6/1/90
 Third Third Scheduled Wastes
 (40 CFR 261.33(c) only) (Non-
 HSWA) (Rule 78N).
Toxicity Characteristics;         55 FR 40834                    10/5/90
 Hydrocarbon Recovery Operations  56 FR 3978                      2/1/91
 (HSWA) (Checklist 80).           56 FR 13406                     4/2/91
Toxicity Characteristics;         56 FR 5910                     2/13/91
 Chlorofluorocarbon Refrigerants
 (HSWA) (Checklist 84).
Administrative Stay for K069      56 FR 19951                     5/1/91
 Listing (Non-HSWA) (Checklist
 88).
Amendments to Interim Status      56 FR 66365                   12/23/91
 Standards for Downgradient
 Ground[dash]water Monitoring
 Well Locations (Non-HSWA)
 (Checklist 99).

Hazardous Waste Management        59 FR 47980                    9/19/94
 System; Testing and Monitoring
 Activities, Land Disposal
 Restrictions Correction (Non-
 HSWA) (Rule 126.1).
Hazardous Waste Management        60 FR 25619                    5/12/95
 System; Carbamate Production
 Identification and Listing of
 Hazardous Waste; Correction
 (Non-HSWA) (Rule 140.2).
Removal of Legally Obsolete       60 FR 33912                    6/29/95
 Rules (HSWA/Non-HSWA)
 (Checklist 144).
Inorganic Chemical Manufacturing  67 FR 17119                     4/9/02
 Wastes; Land Disposal
 Restrictions for Newly
 Identified Wastes; Correction
 (HSWA/Non-HSWA) (Rule 195.1).
Methods Innovation: SW-846 (HSWA/ 70 FR 34538                    6/14/05
 Non-HSWA) (Checklist 208).       70 FR 44150                     8/1/05
Definition of Solid Waste (Non-   80 FR 1694                     1/13/15
 HSWA) (Checklist 233).
------------------------------------------------------------------------

    (ii) The Federal rules listed in the table in this paragraph
(c)(4)(ii) are not delegable to States. Oklahoma has excluded the rules
from its incorporation by reference of the Federal regulations. EPA
retains its authority for the implementation and enforcement of these
rules.

                                         Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
           Federal requirement                Federal Register reference              Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:    61 FR 16290                      April 12, 1996.
 Implementation of OECD Council Decision
 (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of     75 FR 1236                       January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (5) Terminated Federal program. Oklahoma adopted and was authorized
for the following Federal program as amended, which has since been
terminated by the U.S. EPA:

                                           Table 3 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
           Federal requirement                Federal Register reference              Publication date
----------------------------------------------------------------------------------------------------------------
National Environmental Performance Track   69 FR 21737                      April 22, 2004.
 Program (Checklist 204).
National Environmental Performance Track   69 FR 62217                      October 25, 2004.
 Program; Corrections (Rule 204.1).
Burden Reduction Initiative (Checklist     71 FR 16862                      April 4, 2006.
 213); amendments to the following
 provisions regarding Performance Track:
 40 CFR 260.10, 264.15, 264.174, 264.195,
 264.1101, 265.15, 265.174, 265.195,
 265.201, 265.1101, 270.42(l) and Item
 O.1 of Appendix I to 270.42..
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Oklahoma, signed by the EPA Regional
Administrator on May 15, 2013, is referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
    (7) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Oklahoma
January 20, 1984 and revisions, supplements, and addenda to that
Statement dated January 14, 1988 (as amended July 20, 1989); December
22, 1988 (as amended June 7, 1989 and August 13, 1990); November 20,
1989; November 16, 1990; November 6, 1992; June 24, 1994; December 8,
1994; March 4, 1996; April 15, 1997; February 6, 1998, December 2,
1998, October 15, 1999, May 31, 2000, October 15, 2001, June 27, 2003,
March 1, 2005, July 12, 2005, July 03, 2006, August 25, 2008, December
23, 2009, October 11, 2010, October 31, 2011, July 27, 2012, July 1,
2013, June 22, 2015, and March 22, 2017 are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other
materials submitted as supplements thereto are referenced as part of
the authorized hazardous waste management program under subtitle C of
RCRA, 42 U.S.C. 6921 et seq.
0
3. Appendix A to part 272 is amended by revising the listing for
``Oklahoma'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Oklahoma

    The statutory provisions include:
    Oklahoma Hazardous Waste Management Act, as amended, 27A
Oklahoma Statutes (O.S.) 2011 Main Volume and where indicated,
amendments through August 26, 2016 as published in the 2017
Cumulative Annual Pocket Part, Sections 2-7-103, 2-7-108(A), 2-7-
108(B)(1), 2-7-108(B)(3), 2-7-108(C), 2-7-110(B), 2-7-110(C), 2-7-
111(A), 2-7-111(B), 2-7-111(C)(1), 2-7-111(C)(2)(a), 2-7-111(D), 2-
7-111(E), 2-7-112, 2-7-116(B) through 2-7-116(F) (2017 Pocket Part),
2-7-116(I)(2) (2017 Pocket Part), 2-7-118 (2017 Pocket Part), 2-7-
124, 2-7-125, 2-7-127, and 2-10-301(G), as published by Thomson
Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-888-
728-7677; website: http://legalsolutions.thomsonreuters.com.
    The regulatory provisions include:
    The Oklahoma Administrative Code (OAC), Title 252, Chapter 205,
effective September 15, 2017 (2016 Edition, as amended by the 2017
Supplement): Subchapter 1, Sections 252:205-1-1(a),

252:205-1-1(c) introductory paragraph, 252:205-1-1(c)(1), 252:205-1-
2 introductory paragraph, 252:205-1-2 ``OHWMA'', 252:205-1-2 ``Post-
closure permit'', 252:205-1-3(c); Subchapter 3, Sections 252:205-3-1
introductory paragraph, 252:205-3-1(1), 252:205-3-2(a)(2), 252:205-
3-2(b), 252:205-3-2(c) (2017 Supplement), 252:205-3-2(d) through
(n), 252:205-3-4 through 252:205-3-6; Subchapter 5, Sections
252:205-5-1 (except 252:205-5-1(4)), 252:205-5-2 through 252:205-5-
5; Subchapter 7, Sections 252:205-7-2, 252:205-7-4 (except the
phrase ``or in accordance with 252:205-15-1(d)''); Subchapter 9,
Sections 252:205-9-1 through 252:205-9-4; Subchapter 11, Sections
252:205-11-1(a) (except the word ``recycling''), 252:205-11-1(b)
through (e), 252:205-11-2; and Subchapter 13, Sections 252:205-13-
1(a) through (e), as published by the State's Office of
Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma
City, OK 73152-3390; Phone number:<PHONE_NUMBER>; website: https://www.sos.ok.gov/oar/Default.aspx.
* * * * *
[FR Doc. 2020-01478 Filed 2-5-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Page 49651]
[FR Doc No: 2017-23249]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4343-DR; Docket ID FEMA-2017-0001]

Wisconsin; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Wisconsin (FEMA-4343-DR), dated October 7, 2017, and
related determinations.

DATES: The change occurred on October 8, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Janet M.
Odeshoo, of FEMA is appointed to act as the Federal Coordinating
Officer for this emergency.
    This action terminates the appointment of Benigno Bern Ruiz as
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-23249 Filed 10-25-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61886-61887]
[FR Doc No: 2015-26025]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2012-0082 (Notice No. 15-16)]

Hazardous Materials: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on its intention to revise an information collection
under Office of Management and Budget (OMB) Control Number 2137-0628,
``Flammable Hazardous Materials by Rail Transportation.'' This
reporting requirement would require tank car owners to report their
progress in the retrofitting of tank cars to the Department of
Transportation (DOT).

DATES: Interested persons are invited to submit comments on, or before
November 13, 2015.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, by mail to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Attention: Desk Officer for DOT-PHMSA, 725 17th Street NW., Washington,
DC 20503, by fax,<PHONE_NUMBER>, or by email, to
<EMAIL_ADDRESS>Comments should refer to the information
collection by title and/or OMB Control Number.
    We invite comments on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (2) the accuracy of the Department's estimate of the burden of
the proposed information collection; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster,
Standards and Rulemaking Division (PHH-12), Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE., East
Building, 2nd Floor, Washington, DC 20590-0001, Telephone (202) 366-
8553.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), Title 5, Code of Federal
Regulations requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies an
information collection request that PHMSA will be submitting to OMB for
revision. This information collection request is contained in 49 CFR
part 174 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180). PHMSA has revised the burden estimate, where appropriate, to
reflect current reporting levels or adjustments based on changes
described in this notice. The following information is provided for the
information collection: (1) Title of the information collection,
including former title if a change is being made; (2) OMB control
number; (3) summary of the information collection activity; (4)
description of affected public; (5) estimate of total annual reporting
and recordkeeping burden; and (6) frequency of collection. PHMSA will
request a three-year term of approval for the information collection
activity and, when approved by OMB, publish a notice of the approval in
the Federal Register.
    PHMSA requests comments on the following information collection:
    Title: Flammable Hazardous Materials by Rail Transportation.
    OMB Control Number: 2137-0628.
    Summary: This information collection pertains to requirements for
the creation of a sampling and testing program for unrefined petroleum-
based products and rail routing for High Hazard Flammable Trains
(HHFTs) \a\, routing requirements for rail operators, and the reporting
of incidents that may occur from HFFTs.
---------------------------------------------------------------------------

    \a\ An HHFT means a single train transporting 20 or more loaded
tank cars of a Class 3 flammable liquid in a continuous block or a
single train carrying 35 or more loaded tank cars of a Class 3
flammable liquid throughout the train consist.
---------------------------------------------------------------------------

    In the final rule entitled ``Enhanced Tank Car Standards and
Operational Controls for High-Hazard Flammable Trains'' PHMSA and the
Federal Railroad Administration (FRA) adopted a risk-based timeline for
the retrofit of existing tank cars to meet an enhanced Casualty
Prevention Circular (CPC-1232) standard when used as part of an HHFT.
The retrofit timeline focuses on two risk factors, the packing group
and differing types of DOT-111 and CPC-1232 tank cars. The timeline
provides an accelerated risk reduction that more appropriately
addresses the overall risk. The timeline is provided in the Sec. Sec.
173.241, 173.242, and 173.243 tables of the final rulemaking [80 FR
26643] and includes a January 1, 2017 deadline for of non-jacketed DOT-
111 tank cars in PG I service in an HHFT. Not adhering to the January
1, 2017 deadline would trigger a reporting requirement.
    This reporting requirement would require owners of non-jacketed
DOT-111 tank cars in Packing Group I service in an HHFT to report to
DOT the following information regarding the retrofitting progress:
     The total number of tank cars retrofitted to meet the DOT-
117R specification;
     The total number of tank cars built or retrofitted to meet
the DOT-117P specification;
     The total number of DOT-111 tank cars (including those
built to CPC-1232 industry standard) that have not been modified;
     The total number of tank cars built to meet the DOT-117
specification; and
     The total number of tank cars built or retrofitted to a
DOT-117, 117R, or 117P specification that are Electronically Controlled
Pneumatic (ECP) brake ready or ECP brake equipped.
    Although this reporting requirement applies to individual owners of
non-jacketed DOT-111 tank cars in PG I service in an HHFT, DOT would
accept a consolidated report from a group representing the affected
industries. Furthermore, while not adhering to the January 1, 2017
retrofit deadline triggers an initial reporting requirement, it would
also trigger a requirement which would authorize the Secretary of
Transportation to request additional reports of the above information
with reasonable notice.
    PHMSA received comments on the 60-Day Notice (80 FR 27844) for the
revision to this collection from the American Fuel & Petrochemical
Manufacturers (AFPM) and the Oklahoma Department of Transportation
(DOT) both in support of the tank car retrofit reporting requirements.
AFPM states that expanding the final rule's reporting requirement would
improve the understanding of how the retrofit

activity is affecting rail transportation of flammable liquids and
allow PHMSA to make data-driven decisions in advance of the compliance
milestones in the retrofit schedule. The Oklahoma DOT states that it
does not object to the tank car retrofitting reporting requirements but
encourages PHMSA to reemphasize the importance of evaluating the causes
of oil by rail accidents so as to prevent them in the future.
    We estimate that this reporting requirement will result in a
revised information collection and recordkeeping burden as follows:
    OMB No. 2137-0628, ``Flammable Hazardous Materials by Rail
Transportation.''
    Additional Burden request:
    Additional Number of Respondents: 50.
    Additional Annual Responses: 50.
    Additional Annual Burden Hours: 25.
    Additional Total Annual Burden Cost: $1,000.

    Revised Total First Year Burden:
    Revised Total Annual Number of Respondents: 2,039.
    Revised Total Annual Responses: 2,609.
    Revised Total Annual Burden Hours: 103,814.
    Revised Total Annual Burden Cost: $7,384,633.55.

    Revised Subsequent Year Burden:
    Revised Total Annual Number of Respondents: 2,039.
    Revised Total Annual Responses: 2,609.
    Revised Total Annual Burden Hours: 29,054.
    Revised Total Annual Burden Cost: $2,038,988.

    Signed in Washington, DC, on October 7, 2015.
William S. Schoonover,
Deputy Associate Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2015-26025 Filed 10-13-15; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26463-26464]
[FR Doc No: 2015-10487]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2011-0135; FRL-9927-17-OAR]
RIN 2060-AS36

Partial Withdrawal of Technical Amendments Related to: Tier 3
Motor Vehicle Fuel and Quality Assurance Plan Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: Because EPA received adverse comment on certain elements of
the Tier 3 Amendments direct final rule published on February 19, 2015,
we are withdrawing those elements of the direct final rule. EPA intends
to consider the comments received and proceed with a new final rule for
the withdrawn elements. The remaining elements will go into effect
pursuant to the direct final rule.

DATES: Effective May 5, 2015, EPA withdraws the amendments to 40 CFR
80.1453, 80.1616, and 80.1621 published at 80 FR 9078 on February 19,
2015.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division, 2000
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: 734-214-
4131; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: We stated in the Tier 3 Technical Amendments
direct final rule published on February 19, 2015 (80 FR 9078) that if
we received adverse comment by April 6, 2015, as to any part of the
direct final rule, those parts would be withdrawn by publishing a
timely notice in the Federal Register. Because EPA received adverse
comment, we are withdrawing the amendments that were the subject of
these adverse comments and they will not take effect. Three specific
provisions are being withdrawn, as described below.
    First, 40 CFR 80.1453: In the Renewable Fuel Standard (RFS) Quality
Assurance Program (QAP) Rule (79 FR 42078, July 18, 2014), EPA added
additional product transfer document (PTD) requirements for renewable
fuels that informed parties that took ownership of the renewable fuel
that they would need to (a) use the fuel as it was intended, i.e., for
transportation use; and, (b) incur a renewable volume obligation (RVO)
if the fuel was exported. Shortly after publication of the QAP final
rule, we received questions on whether these PTD requirements would
apply downstream to the end users, including residential heating oil
owners and people filling up their fuel tanks at fuel retail stations.
EPA provides downstream end user exemptions to the PTD requirements in
other fuels programs, and the direct final rule included similar
exemptions for RFS PTD requirements. The words ``or custody'' were
inadvertently added to the RFS PTD requirements and we received several
comments pointing out that applying the PTD requirements to the
transfer of custody of renewable fuels would be costly to industry and
not beneficial to the RFS program. In this action we are withdrawing
all of the changes to 40 CFR 80.1453.
    Second, 40 CFR 80.1616: The direct final rule included some
clarifying language for when credits expire and are reported. We
received a comment advocating for small refiners and small volume
refineries to be allowed to use credits past January 1, 2020--to
effectively receive a small refiner- and small volume refinery-specific
period of lead time before these parties must comply with the Tier 3
sulfur standards. Although it is not clear whether this comment is
germane to the provisions of the direct final rule, in light of the
short time frame for withdrawal of the direct final rule, we have
decided to treat this as an adverse comment on the amended rulemaking
provisions and we therefore are withdrawing the proposed changes to 40
CFR 80.1616.
    Third, 40 CFR 80.1621: Following publication of the Tier 3 Final
Rule (79 FR 23414, April 28, 2014) we were contacted by some refiners
to clarify if/when small volume refineries could be disqualified,
because there was language inadvertently deleted from the regulatory
text as part of the Tier 3 final rule. In re-inserting this text in the
direct final rule, we clarified that small volume refinery
disqualification was akin to small refiner disqualification. We
received adverse comment raising the issue that the new wording is
confusing because it does not explicitly state exactly when and under
which circumstances that disqualification could occur, and also that
the term ``small refinery'' was used instead of the correct term
``small volume refinery''. In this action we are withdrawing all
changes to 40 CFR 80.1621.
    EPA published a parallel proposed rule on the same day as the
direct final rule. The proposed rule invited comment on the substance
of the direct final rule. EPA intends to consider the comments received
and proceed with a new final rule. As stated in the parallel proposal,
EPA does not plan to institute a second comment period for the proposed
action with respect to the provisions that are withdrawn by this
notice.
    The amendments for which we did not receive adverse comment are not
being withdrawn and will become

effective on May 5, 2015, as provided in the February 19, 2015 direct
final rule.
    Accordingly, the amendments to 40 CFR 80.1453, 80.1616 and 80.1621
on February 19, 2015 (80 FR 9078), are withdrawn as of May 5, 2015.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Diesel fuel,
Fuel additives, Gasoline, Imports, Incorporation by reference,
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and
recordkeeping requirements.

    Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-10487 Filed 5-6-15; 4:15 pm]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Notices]
[Pages 37663-37664]
[FR Doc No: 2012-15255]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-471-000]

Northwest Pipeline GP; Notice of Application

    Take notice that on June 4, 2011, Northwest Pipeline GP
(Northwest), 295 Chipeta Way, Salt Lake City, Utah 84108, filed in
Docket No. CP12-471-000, an application pursuant to sections 7(b) and
7(c) of the Natural Gas Act and Part 157 of the Commission's
regulations, requesting abandonment approval and a certificate of
public convenience and necessity authorizing Northwest to construct and
operate its South Seattle Delivery Lateral Expansion Project located in
King County, Washington. Specifically, the Project consists of: (i)
Abandonment by removal of 10-inch diameter pipeline segments between
mileposts 0.00 and 2.01 and mileposts 2.16 and 4.0 and replacing it
with new 16-inch diameter pipeline; (ii) abandonment in place of
approximately 0.15 miles of 10-inch and 16-inch diameter pipeline and
installing approximately 0.15 miles of new 16-inch diameter pipeline
adjacent to the existing pipeline; (iii) replacing taps at two meter
station locations; and (iv) installing miscellaneous appurtenances. The
project will allow Northwest to increase natural gas deliveries on the
South Seattle Lateral by 74,850 Dth/d, all as more fully set forth in
the application, which is on file with the Commission and open to
public inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to Pam
Barnes, Manager, Certificates and Tariffs, Northwest Pipeline GP, 295
Chipeta Way, Salt Lake City, Utah 84101, telephone no.<PHONE_NUMBER>,
facsimile no.<PHONE_NUMBER>, and email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.

    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: July 6, 2012

    Dated: June 15, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-15255 Filed 6-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Page 65369]
[FR Doc No: 2016-22796]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0005]

Individual Assistance Declarations Factors Guidance

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on the Individual Assistance Declarations Factors Guidance.

DATES: Comments must be received by October 24, 2016.

ADDRESSES: Comments must be identified by docket ID FEMA-2014-0005 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal
Emergency Management Agency, 8NE, 500 C Street SW., Washington, DC
20472-3100.

FOR FURTHER INFORMATION CONTACT: Mark Millican, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472, (phone) 202-
212-3221 or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed guidance is available in docket ID FEMA-2014-
0005. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, 8NE, 500 C
Street SW., Washington, DC 20472.

II. Background

    Section 1109 of the Sandy Recovery Improvement Act of 2013 \1\
requires FEMA, in cooperation with State, local, and Tribal emergency
management agencies, to review, update, and revise through rulemaking
the factors found at 44 CFR 206.48(b) that FEMA uses to determine
whether to recommend provision of Indiviual Assistance during a major
disaster. On November 12, 2015, FEMA published a notice of proposed
rulemaking as part of its effort to meet the requirements in section
1109 of the Sandy Recovery Improvement Act of 2013. 80 FR 70116. FEMA
is now seeking comment on its proposed Individual Assistance
Declarations Factors Guidance, which is intended to provide additional
information to the public regarding the manner in which FEMA is
proposing to evaluate a request for a major disaster declaration
authorizing Individual Assistance.
---------------------------------------------------------------------------

    \1\ Public Law 113-2, Sec.  1109.
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    The proposed guidance does not have the force or effect of law.
    FEMA seeks comment on the proposed guidance, which is available
online at http://www.regulations.gov in docket ID FEMA-2014-0005, and
whether there is any additional information that FEMA could include in
the guidance to provide further clarity. Based on the comments
received, FEMA may make appropriate revisions to the proposed guidance,
and as appropriate, revisions to the final rule. When FEMA issues a
final guidance, FEMA will publish a notice of availability for the
final guidance in the Federal Register and make the final guidance
available at http://www.regulations.gov.

    Authority:  Pub. L. 113-2.

    Dated: September 14, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-22796 Filed 9-21-16; 8:45 am]
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[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Proposed Rules]
[Pages 24156-24157]
[FR Doc No: 2012-9675]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0287; Airspace Docket No. 11-AWP-21]
RIN 2120-AA66

Proposed Amendment of Air Traffic Service Routes; Southwestern
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Jet Route J-2, and VOR Federal
airways V-16, V-66, and V-202 in southern Arizona and New Mexico. The
FAA is proposing this action due to the scheduled decommissioning of
the Cochise, AZ, VHF omnirange tactical air navigation aid (VORTAC)
which currently forms segments of the routes. This would enhance
enroute navigation within the National Airspace System.

DATES: Comments must be received on or before June 7, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2011-
0287 and Airspace Docket No. 11-AWP-21 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-0287 and Airspace Docket No. 11-AWP-21) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2012-0287 and Airspace Docket No. 11-AWP-21.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Western Service Center, Operations Support Group,
Federal Aviation Administration, 1601 Lind Ave. SW., Renton, WA 98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify Jet Route J-2, and VOR Federal
airways V-16, V-66, and V-202. This action is necessary due to the
decommissioning of the Cochise, AZ, VORTAC scheduled in the Fall of
2012. The proposed changes would provide for the continuity of affected
routes.
    Specifically, the portion of J-2 that currently extends from Gila
Bend, AZ; to Cochise, AZ; to El Paso, TX, would be realigned to proceed
from Gila Bend to Tucson, AZ, and then to El Paso, TX (the remainder of
the route would be unchanged).
    The portion of V-16 that currently extends from Tucson, AZ; to
Cochise, AZ; to Columbus, NM, would be realigned to proceed from
Tucson, AZ; to San Simon, AZ; then to Columbus, NM (remainder of route
unchanged).
    The routing of V-66 would be amended only by removal of
exclusionary language in the legal description that reads ``excluding
the airspace above 13,000 feet MSL from the INT of Tucson, AZ, 122[deg]
and Cochise, AZ, 257[deg] radials to the INT of Douglas, AZ, 064[deg]
and Columbus, NM, 277[deg] radials.'' The exclusion was originally in
place due to special use airspace (SUA) in the vicinity of the route.
Air Traffic Control (ATC) has determined that the exclusion is no
longer required to accommodate the SUA activity. Eliminating the
exclusion would allow ATC to use V-66 above 13,000 feet MSL as needed.
This would provide greater flexibility for ATC and more efficient use
of airspace.
    V-202 currently extends from Tucson, AZ; to Cochise, AZ; to San
Simon, AZ;

to Silver City, NM; to Truth or Consequences, NM. The western portion
of V-202 that extends between Tucson-Cochise-San Simon would be
deleted. The modified V-202 would begin at San Simon, AZ; to Silver
City, NM; to Truth or Consequences, NM. In a separate action, the FAA
is proposing to establish RNAV route T-310 that would extend between
Tucson, AZ, and Truth or Consequences, NM. The route would overlie the
track of the deleted section of V-202 providing an alternate means of
navigation along that route segment.
    Radials in the route descriptions below are stated in True degrees,
except for the proposed revised airway segments, which include both
True and Magnetic values. In a final rule, only True degrees would be
stated.
    Jet routes are published in paragraph 2004, and VOR Federal airways
are published in paragraph 6010, of FAA Order 7400.9V dated August 9,
2011, and effective September 15, 2011, which is incorporated by
reference in 14 CFR 71.1. The jet route and VOR Federal airways listed
in this document would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies the route structure as required to preserve the safe and
efficient flow of air traffic.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9V, Airspace Designations and Reporting Points, Dated August 9,
2011 and effective September 15, 2011, is amended as follows:

Paragraph 2004 Jet routes.
* * * * *

J-2 [Amended]

    From Mission Bay, CA, via Imperial, CA; Bard, AZ; INT of the
Bard 089[deg] and Gila Bend, AZ, 261[deg] radials; Gila Bend;
Tucson, AZ; El Paso, TX; Fort Stockton, TX; Junction, TX; San
Antonio, TX; Humble, TX; Lake Charles, LA; Baton Rouge, LA; Semmes,
AL; Crestview, FL; INT of the Crestview 091[deg] and the Seminole,
FL, 290[deg] radials; Seminole to Taylor, FL.
* * * * *

Paragraph 6010 Domestic VOR federal airways.

V-16 [Amended]

    From Los Angeles, CA; Paradise, CA; Palm Springs, CA; Blythe,
CA; Buckeye, AZ; Phoenix, AZ; INT Phoenix 155[deg] and Stanfield,
AZ, 105[deg] radials; Tucson, AZ; San Simon, AZ; INT San Simon
119[deg](T)/106[deg](M) and Columbus, NM, 277[deg](T)/265[deg](M)
radials; Columbus; El Paso, TX; Salt Flat, TX; Wink, TX; INT Wink
066[deg] and Big Spring, TX, 260[deg] radials; Big Spring; Abilene,
TX; Bowie, TX; Bonham, TX; Paris, TX; Texarkana, AR; Pine Bluff, AR;
Marvell, AR; Holly Springs, MS; Jacks Creek, TN; Shelbyville, TN;
Hinch Mountain, TN; Volunteer, TN; Holston Mountain, TN; Pulaski,
VA; Roanoke, VA; Lynchburg, VA; Flat Rock, VA; Richmond, VA; INT
Richmond 039[deg] and Patuxent, MD, 228[deg] radials; Patuxent;
Smyrna, DE; Cedar Lake, NJ; Coyle, NJ; INT Coyle 036[deg] and
Kennedy, NY, 209[deg] radials; Kennedy; Deer Park, NY; Calverton,
NY; Norwich, CT; Boston, MA. The airspace within Mexico and the
airspace below 2,000 feet MSL outside the United States is excluded.
The airspace within Restricted Areas R-5002A, R-5002C, and R-5002D
is excluded during their times of use. The airspace within
Restricted Areas R-4005 and R-4006 is excluded.

V-66 [Amended]

    From Mission Bay, CA; Imperial, CA; 13 miles, 24 miles, 25 MSL;
Bard, AZ; 12 miles, 35 MSL; INT Bard 089[deg] and Gila Bend, AZ,
261[deg] radials; 46 miles, 35 MSL; Gila Bend; Tucson, AZ, 7 miles
wide (3 miles south and 4 miles north of centerline); Douglas, AZ;
INT Douglas 064[deg] and Columbus, NM, 277[deg] radials; Columbus;
El Paso, TX; 6 miles wide; INT El Paso 109[deg] and Hudspeth, TX,
287[deg] radials; 6 miles wide; Hudspeth; Pecos, TX; Midland, TX;
INT Midland 083[deg] and Abilene, TX, 252[deg] radials; Abilene; to
Millsap, TX. From Crimson, AL, Brookwood, AL; LaGrange, GA; INT
LaGrange 120[deg] and Columbus, GA, 068[deg] radials; INT Columbus
068[deg] and Athens, GA, 195[deg] radials; Athens; Greenwood, SC;
Sandhills, NC; Raleigh-Durham, NC; Franklin, VA.

V-202 [Amended]

    From San Simon, AZ; Silver City, NM; to Truth or Consequences,
NM.

    Issued in Washington, DC, on April 16, 2012.
Gary A. Norek,
Manager, Airspace, Regulations & ATC Procedures Group.
[FR Doc. 2012-9675 Filed 4-20-12; 8:45 am]
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