[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55340-55341]
[DOCID:fr10se10-66]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0053]

Recovery Fact Sheet 9580.100, Mold Remediation

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Recovery Fact Sheet RP9580.100, Mold Remediation.

DATES: Comments must be received by October 12, 2010.

ADDRESSES: Comments must be identified by docket ID FEMA-2010-0053 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: Docket Manager, Office of Chief Counsel, Federal Emergency
Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472-
3100.

FOR FURTHER INFORMATION CONTACT: Michele Gast, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472-3100, 202-
646-2706<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 http://www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2010-
0053. 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, Room 835, 500 C
Street, SW., Washington, DC 20472-3100.

II. Background

    The Recovery Fact Sheet RP9580.100, Mold Remediation, identifies
the expenses related to mold remediation that are eligible for
reimbursement under Public Assistance Category B, emergency protective
measures.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2010-0053. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov.

    Authority:  42 U.S.C. 5121-5207; 44 CFR 13.36; 44 CFR 206.222.

    Dated: August 31, 2010.
David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2010-22587 Filed 9-9-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33855-33856]
[FR Doc No: 2013-13404]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0138]

Merchant Mariner Medical Advisory Committee: Intercessional
Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Working Group Meeting.

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SUMMARY: Two working groups of the Merchant Mariner Medical Advisory

Committee (MEDMAC) will meet to discuss Task Statement 1, ``Revision of
Navigation and Vessel Inspection Circular (NVIC) 04-08'' and Task
Statement 4, ``Revision of CG-719K, Merchant Mariner Credential Medical
Evaluation Report and CG-719K/E, Merchant Mariner Evaluation of Fitness
for Entry Level Ratings.'' The meeting will be open to the public.

DATES: The working groups will meet Tuesday, June 18 and Wednesday,
June 19, 2013, from 8:00 a.m. to 5:00 p.m. Please note that the working
groups may end early if they have completed their business. Written
comments to be distributed to working group members are due by June 10,
2013.

ADDRESSES: The working groups will meet at the Paul Hall Center for
Maritime Training and Education, 2nd floor conference room (Maryland
Room), 45353 St. Georges Avenue, Piney Point, Maryland 20674-0075. For
further information about the Paul Hall Center hotel facilities or
services for individuals with disabilities or to request special
assistance, contact Mr. Howard Thompson at<PHONE_NUMBER> Ext. 0.
Please be advised that in order to gain access to the Paul Hall Center,
you must provide identification in the form of a government-issued
picture identification card. If you plan to attend, please notify the
individual listed in For Further Information ContacT, no later than
June 10, 2013, so that administrative access into the Paul Hall Center
can be processed prior to arrival.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the working groups as listed in the
``Agenda'' section below. Comments must be submitted in writing to the
Coast Guard on or before June 10, 2013, and must be identified by USCG-
2011-0138 and may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments (preferred method to
avoid delays in processing).
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316). Please
provide an electronic copy to the contact listed in FOR FURTHER
INFORMATION CONTACT below no later than June 10, 2013. Your material
will be placed on the MEDMAC Web site https://homeport.uscg.mil to be
made available to the members of the working group and the public.
    Docket: For access to the docket to read background documents or
comments related to this notice, go to http://www.regulations.gov and
search the docket number.
    A public comment period will be held on June 18, 2013,
approximately 8:15 a.m. to 8:30 a.m., and on June 19, 2013, from
approximately 8:15 a.m. to 8:30 a.m. Speakers are requested to limit
their comments to 5 minutes. Please note that the public comment period
may end before the time indicated, following the last call for
comments. Additionally, public comment will be sought throughout the
meeting as specific issues are discussed by the working groups.

FOR FURTHER INFORMATION CONTACT: Lieutenant Ashley Holm, the MEDMAC
Alternate Designated Federal Officer (ADFO), at telephone<PHONE_NUMBER>
or email<EMAIL_ADDRESS>If you have any questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). The
MEDMAC is authorized by 46 U.S.C. 7115 as amended by section 210 of the
Coast Guard Authorization Act of 2010 (Pub. L. 111-281) and advises the
Secretary on matters related to (a) Medical certification
determinations for issuance of licenses, certificates of registry, and
merchant mariners' documents; (b) medical standards and guidelines for
the physical qualifications of operators of commercial vessels; (c)
medical examiner education; and (d) medical research.

Agenda

Day 1

    The agenda for the June 18, 2013, working group meeting is as
follows:
    (1) Opening comments by Working Group Chairman.
    (2) Public Comment Period.
    (3) Working Groups address the following task statements:
    (a) Task Statement 1, Revision of Navigation and Vessel Inspection
Circular (NVIC) 04-08. The NVIC can be found at http://www.uscg.mil/hq/cg5/nvic/ Medical and Physical Guidelines for Merchant Mariner
Credentials.
    (b) Task Statement 4, Revision of CG-719K, Merchant Mariner
Credential Medical Evaluation Report and CG-719K/E, Merchant Mariner
Evaluation of Fitness for Entry Level Ratings.
    (4) Closing remarks.

Day 2

    The agenda for the June 19, 2013, working groups meeting is as
follows:
    (1) Public comment period.
    (2) Continue work on Task Statement 1 and Task Statement 4.
    (3) Working Groups will discuss and prepare final draft
recommendations for the full committee to consider for presentation to
the Coast Guard. The public will have an opportunity to speak after
Working Group's discussion.
    (4) Closing remarks/plans for next meeting.

    Dated: May 30, 2013.
P.F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2013-13404 Filed 6-3-13; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36483-36487]
[FR Doc No: 2015-15530]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0028; FRL-9929-34-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Permits for Construction and Major Modification of Major
Stationary Sources for the Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving two State Implementation Plan (SIP) revisions submitted by
the West Virginia Department of Environmental Protection (WVDEP) for
the State of West Virginia on July 1, 2014 and June 6, 2012. These
revisions pertain to West Virginia's Prevention of Significant
Deterioration (PSD) permit program and include provisions for
preconstruction permitting requirements for major sources of fine
particulate matter (PM2.5) found in West Virginia
regulations. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on July 27, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2015-0028. All documents in the docket are
listed in the www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
West Virginia Department of Environmental Protection, Division of Air
Quality, 601 57th Street SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Wentworth,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 30, 2015 (80 FR 16612), EPA published a notice of proposed
rulemaking (NPR) which proposed conditional approval for two West
Virginia SIP revisions submitted on July 1, 2014 (2014 submittal) and
June 6, 2012 (2012 submittal). A timely and adverse comment was
submitted on EPA's NPR. A summary of the comment and EPA's response is
provided in Section III of this document.

II. Summary of SIP Revision

    The SIP revisions submitted by WVDEP on July 1, 2014 and June 6,
2012 involve amendments to 45CSR14 (Permits for Construction and Major
Modification of Major Stationary Sources for the Prevention of
Significant Deterioration). A summary of the changes made in the 2012
submittal and 2014 submittal are available in the docket for this
action in a document titled, ``Summary of West Virginia NSR Changes.''
Generally, the revisions in

the 2012 submittal were submitted to incorporate provisions related to
EPA's implementation rule for the 1997 PM2.5 National
Ambient Air Quality Standard (NAAQS). On May 16, 2008, EPA promulgated
a rule to implement the 1997 PM2.5 NAAQS, including changes
to the New Source Review (NSR) program (the 2008 NSR PM2.5
Rule). See 73 FR 28321. The 2008 NSR PM2.5 Rule revised the
NSR program requirements to establish the framework for implementing
preconstruction permit review for the PM2.5 NAAQS in both
attainment and nonattainment areas.\1\ The 2014 submittal revised
certain subdivisions of the 2012 submittal by: Adding ``PM condensable
emissions'' to the definition of ``regulated NSR pollutant''; adding
language identifying precursors to NAAQS pollutants to the definition
of ``regulated NSR pollutant''; deleting the 24-hour de minimis air
quality impact concentration (or Significant Monitoring Concentration
(SMC)) value for PM2.5; adding a provision exempting
requirements of subsection 45CSR14-9 (Requirements Relating to the
Source's Impact on Air Quality) based on the completeness date of
permit applications; and, deleting the Significant Impact Levels (SIL)
provisions in their entirety.
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    \1\ The 2008 NSR PM2.5 Rule (as well as the more
general PM2.5 NAAQS implementation rule, the 2007 ``Final
Clean Air Fine Particle Implementation Rule'' (the 2007
PM2.5 Implementation Rule)), was the subject of
litigation before the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) in Natural Resources
Defense Council v. EPA (hereafter, NRDC v. EPA). 706 F.3d 428 (D.C.
Cir. 2013). On January 4, 2013, the D.C. Circuit remanded to EPA
both the 2007 PM2.5 Implementation Rule and the 2008 NSR
PM2.5 Rule. The court found that in both rules EPA erred
in implementing the 1997 PM2.5 NAAQS solely pursuant to
the general implementation provisions of subpart 1 of part D of
Title I of the CAA (subpart 1), rather than pursuant to the
additional implementation provisions specific to particulate matter
in subpart 4 of part D of Title I (subpart 4). As a result, the D.C.
Circuit remanded both rules and instructed EPA ``to re-promulgate
these rules pursuant to subpart 4 consistent with this opinion.''
Although the D.C. Circuit declined to establish a deadline for EPA's
response, EPA intends to respond promptly to the court's remand and
to promulgate new generally applicable implementation regulations
for the PM2.5 NAAQS in accordance with the requirements
of subpart 4. In the interim, however, states and EPA still need to
proceed with implementation of the 1997 PM2.5 NAAQS in a
timely and effective fashion in order to meet statutory obligations
under the CAA and to assure the protection of public health intended
by those NAAQS. As stated in the NPR, the requirements of Subpart 4
only pertain to nonattainment areas, and thus, EPA does not consider
the portions of the 2008 NSR PM2.5 Rule that address
requirements for PM2.5 attainment and unclassifiable
areas to be affected by the NRDC v. EPA opinion. Moreover, EPA does
not anticipate the need to revise any PSD permitting requirements
promulgated in the 2008 NSR PM2.5 Rule in order to comply
with the D.C. Circuit's decision. As this rulemaking addresses West
Virginia's PSD regulations, EPA has evaluated the West Virginia
regulations with applicable PSD requirements in the CAA, its
implementing regulations, and the 2008 NSR PM2.5 Rule.
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    The 2014 submittal thus addresses and corrects a deficiency in West
Virginia's PSD permit program previously identified by EPA in its May
9, 2013 disapproval of a portion of WVDEP's August 31, 2011 SIP
revision to 45CSR14 section 2.66. See 78 FR 27062 (disapproving a
narrow portion of West Virginia's August 31, 2011 SIP submittal for
failure to satisfy requirement that emissions of PM2.5 and
coarse particulate matter (PM10) shall include gaseous
emissions which condense to form particulate matter (PM) at ambient
temperatures). This narrow disapproval extended only to the lack of
condensable emissions within the definition of ``regulated NSR
pollutant,'' found at 45CSR14 section 2.66 and did not alter EPA's
October 17, 2012 (77 FR 63736) approval of the remaining portions of
West Virginia's August 31, 2011 SIP submittal which addressed other
provisions in 45CSR14. The 2014 submittal contained a revision to the
language at 45CSR14 section 2.66.a.1 which now includes PM condensable
emissions in the definition of ``regulated NSR pollutant.'' In summary,
the 2014 submittal added PM condensable emissions to the definition of
``regulated NSR pollutant'' and deleted the SILs and SMC for
PM2.5 provisions in 45CSR14.
    EPA finds the revisions to 45CSR14 contained in the 2012 submittal
and the 2014 submittal mirror the PSD requirements of the 2008 NSR
PM2.5 Rule and meet CAA requirements for the PSD permitting
program in the CAA and its implementing regulations with certain
exceptions described in the next paragraph. The 2014 submittal
addresses and corrects the deficiency identified in EPA's May 9, 2013
disapproval (78 FR 27062) by adding language to the provision at
45CSR14 section 2.66.a.1 which now includes PM condensable emissions in
the definition of ``regulated NSR pollutant.'' Thus, EPA finds West
Virginia has addressed the deficiency noted in our narrow disapproval
in 78 FR 27062.
    As discussed in the NPR, the CAA's PSD provisions also establish
maximum allowable increases over baseline concentrations--also known as
``increments''--for certain pollutants. EPA has the task of
promulgating regulations to prevent the significant deterioration of
air quality that would result from the emissions of pollutants EPA
began regulating after Congress enacted the PSD provisions in the CAA,
which includes PM2.5. The PSD provisions establish
preconstruction review and permitting of new or modified sources of air
pollution. In 2007, EPA proposed a rule establishing increments for
PM2.5 and also proposed two screening tools that would
exempt permit applicants from some air quality analysis and monitoring
required for PSD: SILs and SMC. See 72 FR 54112 (September 21, 2007).
In our October 20, 2010 final rule (the PM2.5 PSD
Increments-SILs-SMC Rule), EPA set values for both SILs and SMC for
PM2.5. See 75 FR 64864.
    The Sierra Club challenged EPA's authority to implement
PM2.5 SILs and SMC for PSD purposes as promulgated in the
PM2.5 PSD Increments-SILs-SMC Rule. See Sierra Club v. EPA,
705 F.3d 458 (D.C. Cir. 2013). On January 22, 2013, the D.C. Circuit
granted a request from EPA to vacate and remand to the Agency the
portions of the PM2.5 PSD Increments-SILs-SMC Rule
addressing the SILs for PM2.5 (found in paragraph (k)(2) in
40 CFR 51.166 and 52.21), except for the parts codifying the
PM2.5 SILs at 40 CFR 51.165(b)(2), so that the EPA could
voluntarily correct an error in the provisions. Id. at 463-66. The D.C.
Circuit also vacated parts of the PSD Increments-SILs-SMC Rule
establishing the PM2.5 SMC, finding that the Agency had
exceeded its statutory authority with respect to these provisions. Id.
at 469.
    In response to the D.C. Circuit's decision, EPA took final action
on December 9, 2013 to remove the SIL provisions from the Federal PSD
regulations in 40 CFR 52.21 and to revise the SMC for PM2.5
to zero micrograms per cubic meter. See 78 FR 73698. Because the D.C.
Circuit vacated the SMC provisions in 40 CFR 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c), EPA revised the existing concentration for the
PM2.5 SMC listed in sections 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c) to zero micrograms per cubic meter. EPA did not
entirely remove PM2.5 as a listed pollutant in the SMC
provisions because to do so might lead to the issuance of permits that
contradict the holding of the D.C. Circuit as to the statutory
monitoring requirements. Id. (providing EPA's explanation for including
the zero micrograms per cubic meter SMC).
    While WVDEP's 2014 submittal appropriately removes SILs for
PM2.5 consistent with the D.C. Circuit's Sierra Club v. EPA
decision and our final December 9, 2013 rulemaking (78 FR 73698), West
Virginia's PSD provision at 45CSR14-16.7.c (included in the 2014
submittal) does not include a SMC value of zero micrograms per cubic
meter for PM2.5 consistent with the D.C. Circuit's Sierra
Club v. EPA decision and our December 9, 2013 rulemaking (78 FR

73698) which addressed the D.C. Circuit's vacature of the SMC
provisions in 40 CFR parts 51 and 52 for PM2.5.\2\
Therefore, West Virginia's PSD regulation, 45CSR14, does not fully meet
the requirements for PSD programs as set forth in the 2008 NSR
PM2.5 Rule, the D.C. Circuit's decision on SILs and SMC in
Sierra Club v. EPA, and in EPA's December 9, 2013 rulemaking addressing
that decision for SILs and SMC.
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    \2\ West Virginia had completely deleted the 24-hour
PM2.5 SMC value in the revised 45CSR14 provisions
included in the 2014 submittal.
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    However, on January 20, 2015, West Virginia committed to submitting
an additional SIP revision with a revised PSD regulation at 45CSR14-
16.7.c which will incorporate a SMC value of zero micrograms per cubic
meter for PM2.5 to address this discrepancy. West Virginia
committed to submitting this SIP revision no later than one year
following the effective date of the final rulemaking notice for
conditional approval of the 2012 and the 2014 submittals so that EPA
can conditionally approve the 2012 and 2014 submittals.\3\ See CAA
section 110(k)(4). With the exception of the absence of the SMC value
of zero micrograms per cubic meter for PM2.5 which WVDEP has
committed to address, EPA finds the 2012 and 2014 submittals meet
applicable requirements for a PSD permitting program in the CAA, its
implementing regulations, and the 2008 NSR PM2.5 Rule.
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    \3\ West Virginia's letter from the Secretary of WVDEP
committing to submit a revised provision in 45CSR14 to address the
SMC for PM2.5 is available in the docket for this
rulemaking (EPA-R03-OAR-2015-0028) and available online at
www.regulations.gov.
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III. Public Comments and EPA Responses

    Comment. EPA received one comment on the proposed rulemaking which
states that EPA should not approve the SIP revision until the
PM2.5 increments are included in the program.
    Response. EPA disagrees that we should not conditionally approve
the 2012 submittal and 2014 submittal at this time. West Virginia's
present SIP-approved PSD program retains the PM2.5
increments at 45CSR14-4 (Ambient Air Quality Increments and Ceilings)
and will not be affected by this final action.

IV. Final Action

    EPA is conditionally approving the West Virginia SIP revisions, the
2012 and 2014 submittals, because West Virginia is committing to submit
an additional SIP revision addressing the deficiency identified by EPA,
regarding the deletion of the PM2.5 SMC, within one year of
the effective date of EPA's final conditional approval and because the
submittals otherwise meet CAA requirements for a PSD permit program in
the CAA, its implementing regulations, and the 2008 NSR
PM2.5 Rule as discussed in this rulemaking. Once EPA has
determined that West Virginia has satisfied this condition, the
conditional approval of the 2012 and 2014 submittals will become a full
approval. Should West Virginia fail to meet the condition specified
above, the conditional approval of the 2012 and 2014 submittals will
convert to a disapproval pursuant to CAA section 110(k)(4).
    The full or partial disapproval of a SIP revision triggers the
requirement under CAA section 110(c) that EPA promulgate a federal
implementation plan (FIP) no later than two years from the date of the
disapproval unless the State corrects the deficiency, and the
Administrator approves the plan or plan revision before the
Administrator promulgates such FIP. EPA has determined that West
Virginia's 2014 submittal has rectified the deficiency regarding
including condensables in the definition of regulated NSR pollutant
noted in our narrow disapproval in 78 FR 27062. Therefore, with this
action, EPA is no longer required to promulgate a FIP to address the
issue of PM condensables in the definition of regulated NSR pollutant
for West Virginia's PSD permit program, and EPA removes our narrow
disapproval of the August 31, 2011 SIP revision to 45CSR14, section
2.66 (for failure to include condensables in definition of regulated
NSR pollutant). However, EPA is conditionally approving the 2012 and
2014 submittals due to West Virginia's lack of an appropriate
PM2.5 SMC. If West Virginia fails to meet the condition and
this conditional approval becomes a disapproval, the disapproval will
trigger the CAA 110(c) requirement for EPA to promulgate a FIP no later
than two years from the date of the disapproval which will address the
SMC deficiency in West Virginia's PSD permit program.

V. Incorporation by Reference

    In this rulemaking action the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of 45CSR14 (Permits for Construction and Major Modification
of Major Stationary Sources for the Prevention of Significant
Deterioration) described in the amendments to 40 CFR part 52 set forth
below.
    The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 24, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which conditionally approves two SIP revisions
submitted by the WVDEP for the State of West Virginia on July 1, 2014
and June 6, 2012, may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 9, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by revising
the entries for [45 CSR] Series 14 to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
State citation [Chapter 16-20 or                        State effective                          explanation/
            45 CSR ]                 Title/subject           date         EPA approval date   citation at 40 CFR
                                                                                52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 [45CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1.................  General............        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-2.................  Definitions........        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-3.................  Applicability......        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-4.................  Ambient Air Quality        06/01/2013  06/25/2015, [Insert  Conditional
                                   Increments and                         Federal Register     Approval. See 40
                                   Ceilings.                              citation].           CFR 52.2522(k).
Section 45-14-5.................  Area Classification        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-6.................  Prohibition of             06/01/2013  06/25/2015, [Insert  Conditional
                                   Dispersion                             Federal Register     Approval. See 40
                                   Enhancement                            citation].           CFR 52.2522(k).
                                   Techniques.
Section 45-14-7.................  Registration,              06/01/2013  06/25/2015, [Insert  Conditional
                                   Report and Permit                      Federal Register     Approval. See 40
                                   Requirements for                       citation].           CFR 52.2522(k).
                                   Major Stationary
                                   Sources and Major
                                   Modifications.
Section 45-14-8.................  Requirements               06/01/2013  06/25/2015, [Insert  Conditional
                                   Relating to                            Federal Register     Approval. See 40
                                   Control Technology.                    citation].           CFR 52.2522(k).
Section 45-14-9.................  Requirements               06/01/2013  06/25/2015, [Insert  Conditional
                                   Relating to the                        Federal Register     Approval. See 40
                                   Source's Impact on                     citation].           CFR 52.2522(k).
                                   Air Quality.
Section 45-14-10................  Modeling                   06/01/2013  06/25/2015, [Insert  Conditional
                                   Requirements.                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-11................  Air Quality                06/01/2013  06/25/2015, [Insert  Conditional
                                   Monitoring                             Federal Register     Approval. See 40
                                   Requirements.                          citation].           CFR 52.2522(k).
Section 45-14-12................  Additional Impacts         06/01/2013  06/25/2015, [Insert  Conditional
                                   Analysis                               Federal Register     Approval. See 40
                                   Requirements.                          citation].           CFR 52.2522(k).
Section 45-14-13................  Additional                 06/01/2013  06/25/2015, [Insert  Conditional
                                   Requirements and                       Federal Register     Approval. See 40
                                   Variances for                          citation].           CFR 52.2522(k).
                                   Source Impacting
                                   Federal Class 1
                                   Areas.
Section 45-14-14................  Procedures for             06/01/2013  06/25/2015, [Insert  Conditional
                                   Sources Employing                      Federal Register     Approval. See 40
                                   Innovative Control                     citation].           CFR 52.2522(k).
                                   Technology.

Section 45-14-15................  Exclusions From            06/01/2013  06/25/2015, [Insert  Conditional
                                   Increment                              Federal Register     Approval. See 40
                                   Consumption.                           citation].           CFR 52.2522(k).
Section 45-14-16................  Specific Exemptions        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-17................  Public Review              06/01/2013  06/25/2015, [Insert  Conditional
                                   Procedures.                            Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-18................  Public Meetings....        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-19................  Permit Transfer,           06/01/2013  06/25/2015, [Insert  Conditional
                                   Cancellation and                       Federal Register     Approval. See 40
                                   Responsibility.                        citation].           CFR 52.2522(k).
Section 45-14-20................  Disposition of             06/01/2013  06/25/2015, [Insert  Conditional
                                   Permits.                               Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-21................  Conflict with Other        06/01/2013  06/25/2015, [Insert  Conditional
                                   Permitting Rules.                      Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-25................  Actual PALs........        06/01/2013  06/25/2015, [Insert  Conditional
                                                                          Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).
Section 45-14-26................  Inconsistency              06/01/2013  06/25/2015, [Insert  Conditional
                                   Between Rules.                         Federal Register     Approval. See 40
                                                                          citation].           CFR 52.2522(k).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2522 is amended by revising the section heading and
adding paragraph (k) to read as follows:

Sec.  52.2522  Identification of plan-conditional approval.

* * * * *
    (k) EPA is conditionally approving two West Virginia State
Implementation Plan (SIP) revisions submitted on July 1, 2014 and June
6, 2012 relating to revisions to 45CSR14 (Permits for Construction and
Major Modification of Major Stationary Sources of Air Pollution for the
Prevention of Significant Deterioration) for failure to include a
significant monitoring concentration value (SMC) of zero micrograms per
cubic meter for fine particulate matter (PM2.5). The
conditional approval is based upon a commitment from the State to
submit an additional SIP revision with a revised regulation at 45CSR14-
16.7.c which will incorporate a SMC value of zero micrograms per cubic
meter for PM2.5 to address this discrepancy and to be
consistent with federal requirements. If the State fails to meet its
commitment by June 24, 2016, the approval is treated as a disapproval.

[FR Doc. 2015-15530 Filed 6-24-15; 8:45 am]
 BILLING CODE 6560-50-P


Page 1 of 1 OPP Update of February 18, 2004 PPDC Registration Review Workgroup Meeting Rescheduled The PPDC Registration Review Workgroup meeting will hold a public meeting on Monday, March 1, 2004, and not on March 2, 2004 as previously announced. The time and location remain the same: the meeting will be held at EPA's offices at 1921 Jefferson Davis Highway, Crystal Mall # 2, Room 1126 ( the Fishbowl), Arlington, Virginia. An agenda for the March 1 meeting is being developed and will be posted on EPA's Web site at http:// www. epa. gov/ pesticides/ ppdc/ . The group will continue its discussion of five key issues introduced at the February 2, 2004 meeting; see the same Web address for information. The PPDC Registration Review Workgroup is developing advice and recommendations on topics related to EPA's registration review program.


.

Phil Wakelyn < PWAKELYN@ cotton. org>

04/ 12/ 2006 07: 08 PM To Bob. Avant@ agr. state. tx. us, jcpotter@ cox. net, Erika Sasser/ RTP/ USEPA/ US@ EPA, JCPotter@ oconnorhannan. com, KBlase@ oconnorhannan. com cc bshaw@ tamu. edu, c parnell@ tamu. edu Subject RE: PM10 and PM10 2.5 equivalence I also looked at it quickly. It indicates that there is an Analysis 12  PM10 2.5 equivalence to PM10 NAAQS ( daily standard). Analysis 12 is Output A 12. I also could no see where it specifically demonstates the mathematical equivalence of 150 being the sam as 70, as Bachmann indicated that he would send us. This appears to be a typical EPA ' analysis' with many pages and charts with superficial data [ e. g., PM10 2.5 data is based on simple subtraction and from limited measurement  used only 12 urban sites; PM10 and PM2.5 determined at different times, etc.].

Phil >>> " Bob Avant" < Bob. Avant@ agr. state. tx. us> 4/ 12/ 2006 4: 40 PM >>> This only gives the Federal Register proposal for the 98th percentile, but I don't see where it specifically demonstates the mathematical equivalence of 150 being the same as 70?  Original Message From: Kurt Blase [ mailto: KBlase@ oconnorhannan. com] Sent: Wednesday, April 12, 2006 3: 17 PM To: Sasser. Erika@ epamail. epa. gov; Bob Avant; J. Craig Potter; jcpotter@ cox. net; pwakelyn@ cotton. org Subject: RE: PM10 and PM10 2.5 equivalence Got it, thanks. ________________________________

From: Sasser. Erika@ epamail. epa. gov [ mailto: Sasser. Erika@ epamail. epa. gov] Sent: Wed 4/ 12/ 2006 2: 56 PM To: bob. avant@ agr. state. tx. us; J. Craig Potter; jcpotter@ cox. net; pwakelyn@ cotton. org; Kurt Blase Subject: PM10 and PM10 2.5 equivalence We have received several inquiries regarding the analyses that have been completed by EPA on the question of equivalence between the existing 24 hour PM10 standard and the proposed 24 hour PM10 2.5 standard level of 70 ug/ m3. A summary of these analyses is available in the public docket for the PM NAAQS rulemaking, EPA HQ OAR 2001 0017, item number  0396, beginning at page 103. This analysis can be accessed via the docket portal ( www. regulations. gov), and for your convenience I have also attached the entire technical support memo completed by Mark Schmidt which contains the equivalence analysis. If you have further questions, please let me know.

Thank you,

Erika Sasser _______________ Erika N. Sasser, Ph. D. U. S. EPA Office of Air Quality Planning and Standards HEID/ OD C504 01 Research Triangle Park, NC 27711 Phone ( 919) 541 3889 Fax ( 919) 541 0804 sasser. erika@ epa. gov ( See attached file: Schmidt Memo to Docket 0396. pdf) This email ( including any attachments) is intended only for use by the designated recipient( s) and may contain legally privileged and/ or confidential information. No one other than the intended recipient( s) is authorized to read, retain, disseminate or copy this communication. If you received this in error, please notify the sender immediately by reply e mail and delete this email. Thank you.

********************************************************************** CONFIDENTIALITY NOTE: This email and any attachments may be confidential and protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the email or any attachment is prohibited. If you have received this email in error, please notify us immediately by replying to the sender and deleting this copy an the reply from your system. Thank you for your cooperation.


[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41229-41235]
[FR Doc No: 2016-14284]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R08-RCRA-2016-0174; FRL-9947-06-Region 8]

Wyoming: Final Authorization of State Hazardous Waste Management
Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The State of Wyoming has applied to Environmental Protection
Agency (EPA) for final authorization of the changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
The 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 action. The 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 State
statutes and regulations that will be subject to the EPA's inspection
and enforcement. This rule also codifies in the regulations the
approval of Wyoming's hazardous waste management program and
incorporates by reference authorized provisions of the State's
regulations.

DATES: This rule is effective on August 23, 2016 unless the EPA
receives adverse written comment by July 25, 2016. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of August 23, 2016. If the EPA
receives adverse comment, it 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-R08-
RCRA-2016-0174 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER> (prior to faxing, please notify the EPA
contact listed below).
    4. Mail, Hand Delivery or Courier: Christina Cosentini, Resource
Conservation and Recovery Program, EPA Region 8, Mailcode 8P-R, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Courier or hand deliveries
are only accepted during the Regional Office's normal hours of
operation. The public is advised to call in advance to verify business
hours. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2016-0174. The EPA's policy is that all comments received will be
included in the public docket without change and may be available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov, or email. The Federal http://www.regulations.gov Web
site is an ``anonymous access'' system, which means the 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 the EPA
without going through 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 available on the Internet. If you
submit an electronic comment, the 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 the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
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.
    Docket: All documents in the docket are listed in the http://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
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at:
EPA Region 8, from 8 a.m. to 4 p.m., 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number<PHONE_NUMBER>, or
the Wyoming Department of Environmental Quality, from 9 a.m. to 5 p.m.,
Solid and Hazardous Waste Division, 200 W. 17th St., 2nd Floor,
Cheyenne, Wyoming 82002. The public is advised to call in advance to
verify business hours.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Resource
Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202; phone number<PHONE_NUMBER>; Email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of Revisions to Wyoming's Hazardous Waste Program

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 the 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. When states make other changes to
their

regulations, it is often appropriate for the states to seek
authorization for the changes.

B. What decisions have we made in this rule?

    We conclude that Wyoming's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Wyoming final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Wyoming has responsibility for permitting
Treatment, Storage, and Disposal Facilities (TSDFs), and for carrying
out the aspects of the RCRA program described in its revised program
application, subject to the limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA), for all areas within the State, except
for ``Indian country'' as defined in 18 U.S.C. 1151.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates under the authority of HSWA take
effect in authorized states before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Wyoming, including issuing permits, until Wyoming is
authorized to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Wyoming subject
to RCRA will have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Wyoming has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Conduct inspections and require monitoring, tests,
analyses, or reports;
     Enforce RCRA requirements; suspend or revoke permits; and,
     Take enforcement actions regardless of whether Wyoming has
taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which Wyoming is being
authorized by this direct action are already effective under State law
and are not changed by this action.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we
view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule to authorize the State program changes if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.

E. What happens if EPA receives comments opposing this action?

    If the EPA receives comments that oppose this authorization, we
will address all public comments in a later Federal Register. You will
not have another opportunity to comment, therefore, if you want to
comment on this action, you must do so at this time.

F. For what has Wyoming previously been authorized?

    Wyoming initially received final authorization on October 4, 1995,
effective October 18, 1995 (60 FR 51925) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on February 25, 1999, effective August 6, 2001
(56 FR 15503); however, this authorization was subsequently withdrawn
on April 23, 1999 (64 FR 19925) and re-issued with the initial
effective date of August 6, 2001 (66 FR 40911).
    After the 2001 authorization, the State of Wyoming repealed the
existing text of the State's hazardous waste regulations and replaced
it with text that incorporates by reference the Federal regulations in
40 CFR part 124, subparts A, B, and G, and parts 260 through 268, 270,
273, and 279 in the Wyoming Department of Environmental Quality
Hazardous Waste Management Rules, Chapter 1, General Provisions,
effective March 18, 2015.
    The incorporation by reference (IBR) format for the rules allows
the State of Wyoming to provide a more concise, easy to use set of
rules that details the differences between the Federal and State rules.
The IBR format also shows in detail which Wyoming rules are more
stringent than, or broader in scope than, the Federal hazardous waste
regulations. The new rules were presented to the Wyoming Water and
Waste Advisory Board (WWAB) in July 2014 and the WWAB recommended that
the rules package could move forward to the Wyoming Environmental
Quality Council (EQC) in September 2014. The State's new rules were
presented to the EQC on January 15, 2015, and were approved unanimously
by the EQC on the same day. A total of two public notices in June and
July 2014 and October through December 2014 were conducted as part of
the State rule-making process. The rules were finalized for the
purposes of State adoption on March 31, 2015. Wyoming has adopted
Federal rules promulgated through January 31, 2014 (date certain) in
Title 40 of the Code of Federal Regulations (40 CFR), with the
exceptions detailed in its Hazardous Waste Management Rules and
Consolidated Checklists submitted by the State as part of its
authorization application package. For detailed information regarding
the regulatory transition, see the Wyoming Department of Environmental
Quality Hazardous Waste Program, Program Description for Revision 6
Request for Reauthorization, dated May 22, 2015, as revised November
24, 2015; specifically, Attachment D: General Correspondence Between
Previous State Rules, Current State IBR Rules, and Federal Rules and
Attachment E: General Correspondence Between Previous State Rules,
Current State IBR Rules and Federal Statutes.
    As a result of the State's adoption of the IBR format, Wyoming is
seeking reauthorization for the hazardous waste regulatory program
administered by the DEQ, as authorized under the Federal Resource
Conservation Recovery Act (RCRA), and addressed in the following
authorization Federal Register actions: 60 FR 51925 (October 4, 1995)
and 66 FR 40911 (August 6, 2001). Wyoming is also seeking authorization
for the Federal rule published on February 9, 1995 (60 FR 7824), as
amended on April 17, 1995 (60 FR 19165) and May 12, 1995 (60 FR 25619)
[Revision Checklist 140]), and specific Federal rules promulgated from
March 26, 1996 through January 31, 2014. The State hazardous waste
program for which authorization is sought does not include a request
for authorization on Indian lands within the State.

G. What changes are we authorizing with this action?

    Wyoming submitted a final complete program revision application on
February 4, 2016, seeking authorization of their changes in accordance
with 40 CFR 271.21. We now make an immediate final decision, subject to
receipt of written comments that oppose

this action that Wyoming's hazardous waste program revision satisfies
all of the requirements necessary to qualify for final authorization.
Therefore, we grant Wyoming final authorization for the program
modifications contained in the State's program revision application,
which includes State regulatory changes that are no less stringent than
the Federal hazardous waste regulations as they appear in the 40 CFR,
revised as of January 31, 2014, except for the final rules published on
May 15, 2000 (65 FR 30886; Checklist 186), April 22, 2004 (69 FR 21737,
as amended on October 25, 2004 69 FR 62217; Checklist 204); April 4,
2006 (71 FR 16862; Checklist 213); October 30, 2008 (73 FR 64668;
Revisions to the Definition of Solid Waste; Checklist 219); and
December 19, 2008 (73 FR 77954, Checklist 221). The State requirements
from its Department of Environmental Quality Hazardous Waste Rules and
Regulations (HWRR), effective March 18, 2015, are included in the chart
below.

------------------------------------------------------------------------
   Description of Federal requirement     Analogous state authority \1\
------------------------------------------------------------------------
1. 40 CFR part 124, subpart A (except    HWRR, Chapter 1, Sections 2(a)
 Sections 124.1, 124.4, 124.5(c),         and 124. [More stringent
 124.5(e)-(g), 124.6(c),                  provisions: 124(a)(v);
 124.6(d)(4)(ii)-(v), 124.8(b)(3),        124(b)(i); 124(b)(iii) second
 124.8(b)(8), 124.9(b)(6),                sentence; 124(b)(iii)(A)
 124.10(a)(1)(iv)-(v), 124.10(c)(1)(iv)-  through (C); 124(b)(iv);
 (viii), 124.10(c)(2)(i),                 124(d)(i); 124(d)(ii); and
 124.10(d)(1)(vii)-(viii),                124(e)(iii)].
 124.10(d)(2)(iv), 124.12(b),
 124.15(b)(2), 124.16, 124.18(b)(5),
 124.19, and 124.21); subpart B (except
 the fourth sentence of 124.31(a), the
 third sentence of 124.32(a), and the
 second sentence of 124.33(a)); and
 subpart G (except 124.204(d)(1) and
 (4), 124.205(a) and (h)).
2. 40 CFR part 260, except for the       Wyoming Department of
 following provisions: 260.2, 260.10      Environmental Quality (WDEQ)
 (definitions of ``Performance Track      Rules of Practice and
 member facility'', ``remediation waste   Procedure, as amended February
 management site'', and the third part    14, 1994, Chapter III;
 of the definition for ``facility''),    HWRR, Chapter 1, Sections 2(a),
 260.20(d) and (e), and the October 30,   2(b), 3, 4, and 260. [More
 2008 Definition of Solid Waste, (73 FR   stringent provision:
 62668).                                  260(b)(ii)].
                                         Note:
                                         (1) Section 2 addresses: (a)
                                          The date of the Federal
                                          regulations that Wyoming has
                                          incorporated by reference; (b)
                                          Federal rules explicitly
                                          excluded from the State's
                                          rule; (c) references to the
                                          State's more stringent and
                                          broader in scope provisions;
                                          and (d) the availability of
                                          all referenced Federal and
                                          Wyoming materials.
                                         (2) Section 3 addresses the
                                          substitution of State terms
                                          for Federal terms in order to
                                          make the Federal regulations
                                          incorporated by reference
                                          specific to Wyoming.
                                         (3) Section 4 addresses Wyoming-
                                          specific definitions and
                                          provisions needed to provide
                                          additional clarity to the
                                          State's regulations.
3. 40 CFR part 261, except for the       HWRR, Chapter 1, Sections 2(a),
 following provisions: 261.4(b)(11),      3(a)(x), 3(a)(xiii) and 261.
 261.4(b)(16), 261.4(b)(17), subpart H,   [More stringent provision:
 Appendix IX, the language ``in the       261(a)(iii) and 261(b)].
 Region where the sample is collected''
 in 261.4(e)(3)(iii), and the changes
 associated with 73 FR 62668, October
 30, 2008 (Definition of Solid Waste).
4. 40 CFR part 262, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: 262.10(j) and      and 262. [More stringent
 (k), 262.34(j)-(l), subparts I and J,    provisions: 262(a)(iii) and
 and the language ``for the Region in     262(a)(v)].
 which the generator is located'' in 40
 CFR 262.42(a)(2) and 262.42(b).
5. 40 CFR part 263, except for the       HWRR, Chapter 1, Sections 2(a)
 following provision: 263.20(a)(3)        and 263. [More stringent
 which addresses compliance dates for     provisions: 263(a)(iv)].
 manifest form revisions for dates
 which have passed.
6. 40 CFR part 264, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: 40 CFR 264.1(f),   and 264(a)-(d); 264(e)(i)
 264.1(g)(12), 264.1(j), 264.15(b)(5),    (except the citation `` W.S.
 264.70(b), 264.73(b)(17), 264.101(d),    35-11-1607 '' and the phrase
 264.147(k), 264.149, 264.150,            ``or signed remedy agreement
 264.195(e), 264.301(l), 264.314(e),      pursuant to W.S. 35-11-1607 ''
 264.554(l)(2), 264.1030(d),              in the first sentence of
 264.1050(g), and 264.1080(e) through     264(e)(i); 264(e)(iii)(A) and
 (g).                                     (B); and 264(f) through
                                          264(m). [More stringent
                                          provisions: 264(a)(iv);
                                          264(a)(v); 264(a)(vii);
                                          264(a)(x); 264(a)(xi); 264(h);
                                          264(i); 264(l); and 264(m)].
                                          [Broader-in-scope provisions:
                                          264(e)(i) and (ii)].
7. 40 CFR part 265, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: Subpart R, 40      and 265. [More stringent
 CFR 265.1(c)(4), 265.15(b)(5),           provisions: 265(a)(iv) through
 265.15(c)(15), 265.70(b), 265.147(k),    (vi); 265(a)(ix); 265(a)(x);
 265.149, 265.150, 265.195(d),            265(e); and 265(f)].
 265.1030(c), 265.1050(f), 265.1080(e),
 265.1080(f), and 265.1080(g).
8. 40 CFR part 266.....................  HWRR, Chapter 1, Sections 2(a)
                                          and 266. [More stringent
                                          provisions: 266(b)(i) through
                                          (b)(vi); and 266(b)(viii)].
9. 40 CFR part 267, except 267.150.....  HWRR, Chapter 1, Sections 2(a)
                                          and 267. [More stringent
                                          provisions: 267(a)(ii);
                                          267(a)(iii); and 267(b)].
10. 40 CFR part 268, except 268.5,       HWRR, Chapter 1, Sections 2(a)
 268.6, 268.13, 268.42(b), 268.44(a)-     and 268.
 (g), and 268.44(o).
11. 40 CFR part 270 except for the       HWRR, Chapter 1, Sections 2(a),
 following provisions:                    3(a)(ii), 3(a)(v), 3(a)(vi)
 270.1(c)(1)(iii), 270.1(c)(2)(ix),       through 3(a)(ix), and 270
 270.11(d)(2), 270.13(k)(7),              (except 270(n). [More
 270.14(b)(18), 270.42(l), 270.42         stringent provisions:
 (Appendix I, Part A, Entries 9 and 10,   270(a)(iv); 270(a)(ix);
 and Part O Entry (1)(a)-(d)), 270.51,    270(a)(x); 270(a)(xii);
 270.60(a), 270.64, 270.68, 270.73(a),    270(a)(xx); 270(b) through
 subpart H (40 CFR 270.79-270.230),       (e); 270(h); and 270(j)
 270.260(h), and 270.290(r).              through (m)]. [Broader-in-
                                          scope provision: 270(n)].
12. 40 CFR part 273....................  HWRR, Chapter 1, Sections 2(a)
                                          and 273.
13. 40 CFR part 279....................  HWRR, Chapter 1, Sections 2(a)
                                          and 279.
------------------------------------------------------------------------
\1\ Items described as more stringent or broader-in-scope are discussed
  in detail in Section H of this rule.

H. Where are the revised State rules different from the Federal rules?

    1. EPA considers several Wyoming requirements to be more stringent
than the Federal requirements. These requirements are part of Wyoming's
authorized program and are federally enforceable. The specific more
stringent provisions include, but are not limited to, the following:

    a. Permitting Program and Procedures: At 124(a)(v), 124(b)(i),
124(b)(iii) second sentence and 124(b)(iii)(A) through (C),
124(b)(iv), 124(d)(i), 124(d)(ii), 124(e)(iii), 270(a)(iv),
270(a)(ix), 270(a)(x), 270(a)(xii), 270(a)(xx), 270(b),
270(c)(i)(A), 270(c)(i)(B), 270(d)(i) introductory paragraph and
(i)(A), 270(d)(i)(B), 270(d)(i)(C), 270(e), 270(h)(i), and 270(m)
Wyoming has additional permitting procedure requirements (e.g.,
Wyoming's section 124(e)(iii) is more stringent than 40 CFR
124.12(a)(3) and (a)(4) in that the State requires a hearing to be
scheduled within 20 days after the close of the public comment,
unless a different schedule is deemed necessary by the Council. The
State also requires a public notice to be published once a week for
two consecutive weeks immediately prior to the hearing in the county
where the applicant plans to locate the facility);
    b. Notifications and Reports: At 261(a)(iii), 262(a)(iii),
262(a)(v), 263(a)(iv), 264(a)(v), 265(a)(iv), 265(a)(v), 265(a)(ix),
and 267(a)(iii), Wyoming requires copies of necessary notifications
and reports be made and submitted to the Director or State agency in
addition to the required Federal notification or reporting;
    c. Location Standards: At both 264(a)(iv) and 267(a)(ii),
Wyoming prohibits new facilities from being located in a 100-year
floodplain;
    d. Health and Environment Risk Assessment and Minimization: At
264(a)(vii), 264(l), 264(m), and 270(l) the State requires facility
owners or operators to demonstrate the ability to take and continue
to take steps to prevent threats to human health and the environment
including additional provisions for the assessment of health risks
from facilities associated with normal operation or failure of a
hazardous waste management facility pollution control or containment
system;
    e. Landfill Prohibition: At 264(a)(x), 264(a)(xi), and 265(a)(x)
Wyoming prohibits the placement of nonhazardous liquid waste in
landfills;
    f. State Registration of Professional Engineers and Geologists:
At 264(h), 264(i), 265(e), 265(f), 267(b), 270(j), and 270(k),
Wyoming requires both professional engineers and professional
geologists to be registered in the State when referring to
activities requiring Professional Engineer or Professional Geologist
certification;
    g. Military Munitions: At 266(b)(i), 266(b)(iii) through (v),
and 266(b)(viii) Wyoming has additional requirements for military
munitions (e.g., at 266(b)(i) the State requires the operator of the
range to notify the Director in writing if remedial action for these
types of waste is infeasible); and
    h. Remedial Action Plans (RAPs): Wyoming has chosen not to adopt
the less stringent Remedial Action Plan (RAP) alternate permit for
remediation management sites addressed in the final rule published
on November 30, 1998 (63 FR 65874).

    2. The EPA considers several State requirements to be broader-in-
scope than the Federal program. Although a facility must comply with
these requirements in accordance with State law, they are not RCRA
requirements. Broader-in-scope requirements are not part of the
authorized program and EPA cannot enforce them. The specific broader-
in-scope provisions include the following:

    a. Wyoming Voluntary Remediation Program: At 264(e)(i) and (ii)
[with respect to the Wyoming Voluntary Remediation Program only] the
State makes the Corrective Action Management Unit program
requirements available to participants in the State of Wyoming
Voluntary Remediation Program who would otherwise not be regulated
under the RCRA program; and
    b. Permitting Program and Procedures: At 270(n), Wyoming
requires an applicant for a permit to demonstrate fitness by
requiring that the past performance of the applicant or any
partners, executive officers, or corporate directors, be reviewed.

    Wyoming did not change any previously more stringent or broader-in-
scope provisions to be equivalent to the Federal rules.
    3. The EPA will continue to implement certain Federal requirements
that the EPA cannot delegate to states. The requirements include: (1)
Certain provisions in 40 CFR 261.39(a)(5) and 261.41, part 262,
subparts E, F and H, part 263, subpart B, 264.12(a)(2), 264.71(a)(3),
264.71(d), 265.12(a)(2), 265.71(a)(3), and 265.71(d) regarding
governmental oversight of exports and imports of hazardous waste; (2)
manifest registry functions in 40 CFR part 262, subpart B; (3) 268.5,
268.6, 268.42(b), and 268.44(a)-(g) regarding land disposal
restrictions; and (4) 279.82(b) regarding State petitions to allow use
of used oil as a dust suppressant.

I. Who handles permits after the authorization takes effect?

    Wyoming will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which were issued prior to the effective date of this
authorization until Wyoming has equivalent instruments in place. We
will not issue any new permits or new portions of permits for the
provisions listed in the Table in this document after the effective
date of this authorization. The EPA will continue to implement and
issue permits for HSWA requirements for which Wyoming is not yet
authorized.

J. How does this action affect Indian country (18 U.S.C. 1151) in
Wyoming?

    This program revision does not extend to ``Indian country'' as
defined in 18 U.S.C. 1151.
    In excluding Indian country from the scope of this program
revision, the EPA is not making a determination that the State either
has adequate jurisdiction or lacks jurisdiction over sources in Indian
country. Should the State of Wyoming choose to seek program
authorization within Indian country, the EPA would have to be satisfied
that the State has authority, either pursuant to explicit Congressional
authorization or applicable principles of Federal Indian law, to
enforce its laws against existing and potential pollution sources
within any geographical area for which it seeks program approval, and
that such approval would constitute sound administrative practice.

II. Corrections

    In the entry for the Checklist 142B authorization table published
for Wyoming as part of the February 25, 1999 (64 FR 9278) proposed rule
(final rule published on August 6, 2001 (66 FR 40911)), the citation
``Ch. 13, S1(a)(vi)(A)'' should be corrected to read ``Ch. 13,
S1(a)(vi)(I)''.

III. Incorporation by Reference

A. What is codification?

    Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the Environmental Protection Agency (EPA) to authorize state
hazardous waste management programs. The state regulations authorized
by the EPA supplant the Federal regulations concerning the same matter
with the result that after authorization the EPA enforces the
authorized regulations. Infrequently, state statutory language which
acts to regulate a matter is also authorized by the EPA with the
consequence that the EPA enforces the authorized statutory provision.
The EPA does not authorize state enforcement authorities and does not
authorize state procedural requirements. The EPA codifies the
authorized state program in 40 CFR part 272 and incorporates by
reference state statutes and regulations that make up the approved
program which is federally enforceable in accordance with Sections
3007, 3008, 3013, and 7003 of

RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable
statutory and regulatory provisions.

B. What decisions have we made in this rule?

    In this action, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Wyoming rules described in the amendments to 40 CFR part 272 set forth
below. 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 the
EPA's authorization of Wyoming's base hazardous waste management
program and its revisions to that program. The codification reflects
the State program that would be in effect at the time the EPA's
authorized revisions to the Wyoming hazardous waste management program
addressed in this direct final rule become final. This action does not
reopen any decision the EPA previously made concerning the
authorization of the State's hazardous waste management program. The
EPA is not requesting comments on its decisions published in the
Federal Register documents referenced in Section I.F of this preamble
concerning revisions to the authorized program in Wyoming.
    The EPA is incorporating by reference the EPA's approval of
Wyoming's hazardous waste management program by adding subpart ZZ to 40
CFR part 272. Section 272.2551 incorporates by reference Wyoming's
authorized hazardous waste regulations, as amended effective March 18,
2015. Section 272.2551 also references the demonstration of adequate
enforcement authority, including procedural and enforcement provisions,
which provide the legal basis for the State's implementation of the
hazardous waste management program. In addition, section 272.2551
references the Memorandum of Agreement, the Attorney General's
Statements and the Program Description, which are evaluated as part of
the approval process of the hazardous waste management program in
accordance with Subtitle C of RCRA.

C. What is the effect of Wyoming's codification on enforcement?

    The EPA retains the authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized states.
With respect to enforcement actions, the EPA will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than the state analogs to these provisions. Therefore, the EPA
is not incorporating by reference Wyoming's inspection and enforcement
authorities nor are those authorities part of Wyoming's approved State
program which operates in lieu of the Federal program. 40 CFR
272.2551(c)(2) lists these authorities for informational purposes, and
because the EPA also considered them in determining the adequacy of
Wyoming's procedural and enforcement authorities. Wyoming's authority
to inspect and enforce the State's hazardous waste management program
requirements continues to operate independently under State law.

D. What state provisions are not part of the codification?

    The public is reminded that some provisions of Wyoming's hazardous
waste management program are not part of the federally authorized State
program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader-in-scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which Wyoming was previously authorized but
which were later vacated by the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014).
See 80 FR 18777 (April 8, 2015).
    (3) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities.
    State provisions that are ``broader-in-scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, the EPA lists in 40 CFR 272.2551(c)(3) the
Wyoming regulatory and statutory provisions which are ``broader in
scope'' than the Federal program and which are not part of the
authorized program being incorporated by reference. While ``broader in
scope'' provisions are not part of the authorized program and cannot be
enforced by the EPA, the State may enforce such provisions under State
law.

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

    With respect to any requirement(s) pursuant to HSWA for which the
State has not yet been authorized, and which the EPA has identified as
taking effect immediately in States with authorized hazardous waste
management programs, the EPA will enforce those Federal HSWA standards
until the State is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for
which the State is not authorized. The EPA has authority to implement
HSWA requirements in all states, including states with authorized
hazardous waste management programs, until the states become authorized
for such requirements or prohibitions, unless the EPA has identified
the HSWA requirement(s) as an optional or as a less stringent
requirement of the Federal program. A HSWA requirement or prohibition,
unless identified by the EPA as optional or as less stringent,
supersedes any less stringent or inconsistent state provision which may
have been previously authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing state requirements may be similar to the HSWA
requirements implemented by the EPA. However, until the EPA authorizes
those state requirements, the EPA enforces the HSWA requirements and
not the state analogs.

IV. Administrative Requirements

    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). Therefore this
action is not subject to review by OMB. This action authorizes and
codifies 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
and codifies 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 and codifies State requirements as part of
the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks. This rule is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866.
    Under RCRA 3006(b), the 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 the 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, 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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes 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 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective August 23, 2016.

List of Subjects

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.

40 CFR Part 272

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

    Authority: This rule is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: May 11, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final
authorization under 40 CFR part 271 to the State of Wyoming for
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act and 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: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Amend subpart ZZ by adding Sec.  272.2551 to read as follows:

Sec.  272.2551  Wyoming State-administered program: Final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Wyoming
has final authorization for the following elements as submitted to the
EPA in Wyoming's base program application for final authorization which
was approved by the EPA effective on October 18, 1995. Subsequent
program revision applications were approved effective on August 6, 2001
and August 23, 2016.
    (b) The State of Wyoming has primary responsibility for enforcing
its hazardous waste management program. However, the 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) The Wyoming 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. This incorporation by
reference is approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain
copies of the Wyoming regulations that are incorporated by reference in
this paragraph from Wyoming Secretary of State's Office, The Capitol
Building, Room B-10, 200 West 24th Street, Cheyenne, Wyoming 82002-
0020, (Phone:<PHONE_NUMBER>). You may inspect a copy at the EPA Region
8, 1595 Wynkoop Street, Denver, Colorado, phone number<PHONE_NUMBER>,
or at the National Archives and Records Administration (NARA). For

information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Wyoming Regulatory
Requirements Applicable to the Hazardous Waste Management Program'',
dated March, 2016.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in
evaluating the State program but is not incorporating them herein for
enforcement purposes:
    (i) Wyoming Statutes Annotated (W.S.), as amended, 2015 Edition,
Title 16, City, County, State, and Local Powers: Chapter 1,
Intergovernmental Cooperation, section 16-1-101; Chapter 3,
Administrative Procedure, sections 16-3-101(b)(vi), 16-3-103(h), 16-3-
107(k); Chapter 4, Uniform Municipal Fiscal Procedures, Public Records,
Documents and Meetings, sections 16-4-201, 16-4-203(d)(i), 16-4-
203(d)(v).
    (ii) W.S., as amended, 2015 Edition, Title 35, Public Health and
Safety: Chapter 11, Environmental Quality, Article 1, General
Provisions, sections 35-11-102, 35-11-103(a), 35-11-103(d)(i), 35-11-
103(d)(ii), 35-103(d)(vii), 35-11-104 through 35-11-106, 35-11-108
through 35-11-115; Article 5, Solid Waste Management, sections 35-11-
501 through 35-11-503 (except 35-11-503(b) and (c)), 35-11-504 through
35-11-506, 35-11-508, 35-11-509, 35-11-514, 35-11-516, 35-11-518
through 35-11-520; Article 9, Penalties, sections 35-11-901(a), (j),
and (k); Article 11, Miscellaneous Provisions, sections 35-11-1101, 35-
11-1105(d), 35-11-1106(a)(iv); Article 16, Voluntary Remediation of
Contaminated Sites, section 35-11-1607(e).
    (iii) Wyoming Rules of Civil Procedure, as amended, Rule 24.
    (iv) Wyoming Hazardous Waste Management Rules, Chapter 1, General
Provisions: Sections 1(a) through (d); 2(c) and (d); 124 (except
124(a)(v)); 260(b)(ii); and 270(o) through 270(q).
    (v) Wyoming Department of Environmental Quality, Rules of Practice
and Procedure, as amended February 14, 1994, Chapter III.
    (3) The following statutory provisions are broader in scope than
the Federal program, are not part of the authorized program, are not
incorporated by reference and are not federally enforceable:
    (i) W.S., as amended, 2015 Edition, Title 35, Public Health and
Safety: Chapter 11, Environmental Quality, Article 5, Solid Waste
Management, section 35-11-517; Chapter 12, Industrial Development and
Siting, sections 35-12-101, et seq.
    (ii) Wyoming Hazardous Waste Management Rules, Chapter 1, General
Provisions: Sections 264(e)(i) [with respect to the Wyoming Voluntary
Remediation Program only]; 264(e)(ii); and 270(n).
    (iii) [Reserved]
    (4) Unauthorized state amendments. (i) Wyoming has adopted but is
not authorized for the following Federal final rules:
    (A) Imports and Exports of Hazardous Waste: Implementation of OECD
Council Division [61 FR 16290, 04/12/96] (HSWA--Not delegable to
States);
    (B) Hazardous Waste Combustors; Revised Standards [63 FR 33782, 6/
19/98] (Non-HSWA--Vacated by the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (C) Exclusion of Oil-Bearing Secondary Materials Processed in a
Gasification System to Produce Synthesis Gas [73 FR 52, 1/2/08] (Non-
HSWA--Vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (D) OECD Requirements; Export Shipments of Spent Lead Acid
Batteries [75 FR 1236, 1/8/10] (Non-HSWA--Not delegable to States);
    (E) Withdrawal of the Emission Comparable Fuel Exclusion [75 FR
33712, 6/15/10] (Non-HSWA--Vacated by the U.S. Court of Appeals for the
District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June
27, 2014); and
    (F) Revisions to the Definition of Solid Waste [73 FR 64668, 10/30/
08].
    (ii) Those Federal rules written under RCRA provisions that predate
HSWA (non-HSWA) which the State has adopted, but for which it is not
authorized, are not federally enforceable. In contrast, the EPA will
continue to enforce the Federal HSWA standards for which Wyoming is not
authorized until the State receives specific authorization from EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
the EPA, Region 8 and the State of Wyoming, signed by the State of
Wyoming Department of Environmental Quality on July 19, 2012, and by
the EPA Regional Administrator on July 27, 2012, although not
incorporated by reference, is referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Wyoming on
July 14, 1995, and revisions, supplements and addenda to that Statement
dated December 9, 1997 and May 11, 2015, although not incorporated by
reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other
materials submitted as supplements thereto, although not incorporated
by reference, 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 adding the listing for
``Wyoming'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Wyoming

    The regulatory provisions include:
    Wyoming Hazardous Waste Management Rules, as amended effective
March 18, 2015, Chapter 1, General Provisions: Sections 2(a) and
(b); 3; 4; 124(a)(v); 260 (except 260(b)(ii)); 261; 262; 263; 264(a)
through 264(d), 264(e)(i) (except the citation ``W.S. 35-11-1607''
and the phrase ``or a signed remedy agreement pursuant to W.S. 35-
11-1607'' in the first sentence), 264(e)(iii)(A) and (B), 264(f)
through 264(m); 265; 266; 267; 268; 270(a) through 270(m); 273; and
279.
    Copies of the Wyoming regulations that are incorporated by
reference are available from Wyoming Secretary of State's Office,
The Capitol Building, Room B-10, 200 West 24th Street, Cheyenne,
Wyoming 82002-0020, (Phone:<PHONE_NUMBER>).

[FR Doc. 2016-14284 Filed 6-23-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57921-57922]
[DOCID:fr11oc07-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-144-002]

Columbia Gas Transmission Corporation; Notice of Compliance
Filing

October 3, 2007.
    Take notice that on October 1, 2007, Columbia Gas Transmission
Corporation, (Columbia) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1, the tariff sheets listed on
Appendix A to the filing, with a November 1, 2007 effective date.
    Columbia states that the filing is being made in compliance with
the Commission's November 1, 2005 Order in the above-referenced
proceeding.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests 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 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time October 18, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-20012 Filed 10-10-07; 8:45 am]

BILLING CODE 6717-01-P