[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71482-71494]
[FR Doc No: 2021-27252]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2021-0348; FRL-8419-02-OLEM]

Modernizing Public Notice for RCRA Hazardous Waste Permitting and
Other Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
and inviting public comment on allowing modern electronic alternatives
for public notification in implementing Subtitle C of the Resource
Conservation and Recovery Act (RCRA). Specifically, this notice
communicates the EPA's

interpretation that the RCRA and EPA regulatory provisions that require
newspaper notice for certain actions (e.g., permit issuance) can be
satisfied by notice in qualifying online newspapers, as well as print
newspapers. The EPA is also requesting comment regarding whether online
mechanisms that might not typically be viewed as newspapers, such as
bulletins or newsletters published online by state environmental
agencies, could also satisfy these requirements. This notice further
explains the EPA's view that the EPA in appropriate cases can authorize
state regulations that provide for equivalent notice mechanisms other
than newspaper publication for actions other than permit issuance
(permit modifications for example). Finally, this notice requests
comment on whether EPA should amend its regulations to allow for more
flexibility in providing notice of permit actions and other RCRA
actions.

DATES: Comments must be received on or before February 14, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0348, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management Docket, Mail Code
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this notice. Comments received may be posted without change to
https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the process, see the ``Public Participation'' heading of
the SUPPLEMENTARY INFORMATION section of this document. Out of an
abundance of caution for members of the public and our staff, the EPA
Docket Center and Reading Room are open to the public by appointment
only to reduce the risk of transmitting COVID-19. Our Docket Center
staff also continues to provide remote customer service via email,
phone, and webform. We encourage the public to submit comments via
https://www.regulations.gov/, as there may be a delay in processing
mail. Hand deliveries and couriers may be received by scheduled
appointment only. For further information on EPA Docket Center services
and the current status, please visit us online at https://www.epa.gov/dockets.
    For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT:
    Information on today's notice: Tab Sommer, Program Implementation
and Information Division, Office of Resource Conservation and Recovery
(Mail Code: 5303T), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].
    Information on public participation in general: Toshia King,
Program Implementation and Information Division, Office of Resource
Conservation and Recovery (Mail Code: 5303T), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Contents

    The information presented in this preamble is organized as follows:

I. Table of Contents
II. Public Participation
    A. Docket
    B. Written Comments
    C. Submitting CBI
III. General Information
    A. Does this action apply to me?
    B. Purpose
    C. Authority
IV. Statutory and Regulatory Requirements Related to Public Notice
for RCRA Permits
V. Public Notice Availability, Efficiency, and Effectiveness
    A. Community-Specific Public Participation Planning
    B. Lack of Available Print Newspapers in Some Communities
    C. Relative Benefits of Online Notice Vehicles
VI. Clarify Statutory and Regulatory Requirements for Newspaper
Notice of RCRA Permitting and Other Actions
    A. Online Newspapers That Are Local and of General Circulation
Satisfy RCRA and Regulatory Requirements
    B. Request for Comment on Whether Online EPA or State
Newsletters/Bulletins Would Satisfy RCRA and Regulatory Requirements
VII. Newspaper Notice Requirements for Permitting Actions That Are
Not Subject to RCRA Section 7004(b)(2)
VIII. Environmental Justice and Civil Rights Considerations
IX. Do guidance documents contain binding requirements?

II. Public Participation

A. Docket

    The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OLEM-2021-0348. All documents in the docket are listed in
the https://www.regulations.gov index. Publicly available docket
materials are available either electronically at https://www.regulations.gov or in hard copy at the EPA Docket Center. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the EPA Docket Center is<PHONE_NUMBER>.

B. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2021-
0348, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Due to public health concerns related to COVID-19, the EPA Docket
Center and Reading Room are open to the public by appointment only. Our
Docket Center staff also continues to provide remote customer service
via email, phone, and webform. Hand deliveries or couriers will be
received by scheduled appointment only. For further information and
updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.

    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

C. Submitting CBI

    Do not submit information that you consider to be CBI
electronically through https://www.regulations.gov or email. Send or
deliver information identified as CBI to only the following address:
ORCR Document Control Officer, Mail Code 5305T, Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
Attn: Docket ID No. EPA-HQ-OLEM-2021-0348. Clearly mark the part or all
of the information that you claim to be CBI. For CBI information in a
disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comment that includes information claimed
as CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
marked as CBI will not be disclosed except in accordance with
procedures set forth in Title 40 of the Code of Federal Regulations
Part 2.

III. General Information

A. Does this action apply to me?

    Entities potentially affected by this notice include states and
territories authorized by the EPA to implement the RCRA Subtitle C
hazardous waste program, and the EPA Regions that directly implement
the RCRA hazardous waste program. Other potentially affected entities
include owners and operators of RCRA hazardous waste facilities that
are seeking permit or other actions under RCRA, as well as members of
the general public who have an interest in RCRA public participation
(particularly for the RCRA hazardous waste permitting process).

B. Purpose

    The EPA is providing notice and inviting public comment on allowing
modern electronic alternatives for public notice of the intent to issue
hazardous waste permits and other actions. The discussion in this
notice focuses on the statutory and regulatory requirements for
newspaper notice of permitting actions. However, the interpretations
EPA provides and invites comment on in this notice apply to all the
RCRA Subtitle C hazardous waste regulatory provisions that require
newspaper notice.
    First, this notice communicates the EPA's intention to consider
qualifying online newspapers as satisfying the public notice
requirements under RCRA section 7004(b)(2), 42 U.S.C. 6974(b)(2). That
section of the RCRA statute states ``before the issuing of a permit . .
. for the treatment, storage, or disposal of hazardous wastes . . . the
Administrator shall cause to be published in major local newspaper of
general circulation . . . .'' Specifically, the EPA interprets the
phrase ``major local newspaper of general circulation'' in that section
as including qualifying online newspapers. Thus, notice in such
newspapers can satisfy the statutory requirement to provide public
notice of an ``agency's intention to issue . . . a permit'' for a RCRA
hazardous waste treatment, storage or disposal facility, so long as the
newspapers are ``major,'' ``local,'' and ``of general circulation.''
Notice in such newspapers can also satisfy the corresponding EPA
regulatory requirements. The main RCRA newspaper public notice
regulatory requirement is at Sec.  124.10(c)(2)(ii) of Title 40 of the
Code of Federal Regulations (CFR); additional RCRA permitting and other
RCRA hazardous waste regulations also require various forms of
newspaper notification. The EPA plans to operate under this
interpretation; however, the EPA welcomes comment on it and may either
affirm the interpretation or revise it following review of any
comments. Authorized states with similar newspaper notice regulations
would be able to implement an online newspaper interpretation similar
to EPA's without seeking authorization if no state regulatory changes
are made; states would have this ability with respect this to notice
for permit issuance (i.e., initial permit and permit renewals) and
other actions (e.g., permit modifications).
    Second, this notice requests comment on whether online mechanisms
that might not typically be viewed as ``newspapers,'' such as bulletins
or newsletters published online by state (or EPA) environmental agency,
could also satisfy RCRA section 7004(b)(2)'s public notice requirement
and regulatory newspaper notice requirements.
    Third, this notice explains the EPA's view that, for actions other
than permit issuance \1\ (permit modifications for example), which are
not governed by section 7004(b)(2), the EPA in appropriate cases can
authorize state regulations that provide for notice mechanisms other
than newspaper publication, even where EPA regulations require the
agency, the permittee, or state, to provide notice of such actions
through newspaper publication, as long as the notice is equivalent to
and no less stringent than the federal program as discussed in Section
VII.
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    \1\ All uses of the term ``permit issuance'' in this notice
includes the issuance of RCRA permit renewals in addition to the
issuance of initial permits.
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    Fourth, the EPA is requesting comment on whether it should modify
its RCRA hazardous waste regulations that require newspaper notice, in
order to allow the Agency more flexibility for notices that are not
governed by section 7004(b)(2) (permit modifications for example) and
to codify the flexibility discussed in Section VI for permit issuance
notice under section 7004(b)(2) (for use of online newspapers and
possibly agency newsletters and bulletins).
    For the reasons explained in this notice, the EPA believes both
RCRA section 7004(b)(2) and EPA regulations (for permit issuance and
other permit actions) can and should be interpreted broadly to
effectuate the underlying purpose of public notice of RCRA Subtitle C
permit actions, which is to inform the public in the most effective,
efficient way of permit actions in their communities. More broadly, the
purpose of all the public notice requirements in the Subtitle C
regulations is to inform the public of actions and activities related
to the Subtitle C program within their states and communities. The EPA
intends to allow for the full range of flexibility afforded by RCRA and
EPA regulations to satisfy public notice requirements; permitting
agencies and other environmental agencies implementing RCRA have
discretion to choose which public notice mechanisms would be most
effective based on the characteristics and needs of a specific
community or circumstance. This effort does not narrow or limit any
existing flexibilities for notices under Subtitle C.
    In exercising this flexibility, recipients of federal financial
assistance, including from EPA, must comply with federal civil rights
laws, including Title VI of the Civil Rights Act of 1964 and Section
504 of the Rehabilitation Act of 1973. Title VI prohibits
discrimination on the basis race color or national

origin, including limited English proficiency, and recipients have an
affirmative obligation to ensure individuals with limited English
proficiency have a meaningful opportunity to participate in permit and
other decision making and public involvement processes, including
through the translation of vital documents and the provision of
qualified interpreter services. Section 504 of the Rehabilitation Act
prohibits discrimination on the basis of disability, and recipients
must provide persons with disabilities needed reasonable accommodations
and appropriate auxiliary aids and services where necessary so they may
effectively participate in permit actions and other public
participation processes.\2\
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    \2\ See Title VI, 42 U.S.C. 2000(d) et seq.; Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Lau v.
Nichols, 414 U.S. 563, 568-69 (1974) (finding that the government
properly required language services to be provided under a
recipient's Title VI obligations not to discriminate based on
national origin); 40 CFR 7.30 and 7.35. See also U.S. EPA, Guidance
to Environmental Protection Agency Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons. 69 FR
35602 (June 25, 2004) (available at https://www.epa.gov/sites/production/files/2020-02/documents/title_vi_lep_guidance_for_epa_recipients_2004.06.25.pdf); U.S. EPA,
Title VI Public Involvement Guidance for EPA Assistance Recipients
Administering Environmental Permitting Programs, 71 FR 14207 (March
21, 2006) (available at https://www.epa.gov/sites/production/files/2020-02/documents/title_vi_public_involvement_guidance_for_epa_recipients_2006.03.21.pdf); U.S. EPA, Procedural Safeguards Checklist for Recipients, at
https://www.epa.gov/sites/production/files/2020-02/documents/procedural_safeguards_checklist_for_recipients_2020.01.pdf (rev.
Jan. 2020) (which provides a more detailed explanation of
nondiscrimination obligations and best practices); U.S. EPA,
Disability Nondiscrimination Plan Sample, at https://www.epa.gov/sites/production/files/2020-02/documents/disability_nondiscrimination_plan_sample_for_recipients_2020.01.pdf.
(2017).
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    While the focus of this Federal Register notice is on modern online
(electronic) newspaper notice options, EPA notes for context that
authorized state programs and the EPA are currently making use of
electronic alternatives to in-person hearings,\3\ in-person
meetings,\4\ and postal mail \5\ to meet additional public notice
requirements for some RCRA hazardous waste permitting actions.
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    \3\ EPA Office of General Counsel. Memorandum: Virtual Public
Hearings and Meetings. 16 April, 2020. Accessed via: https://www.epa.gov/sites/production/files/2020-04/documents/ogc_virtual_hearing_memo_4-16-2020.pdf.
    EPA. RCRA Public Participation Manual--Tools for hearings).
Accessed via: https://www.epa.gov/sites/default/files/2020-04/documents/public_hearings-rcra_tools-508_compliant_12-20-191.pdf.
    \4\ EPA. RCRA Public Participation Manual--Tools for meetings).
Accessed via: https://www.epa.gov/sites/default/files/2020-04/documents/public_meetings-rcra_tools-508_compliant_12-20-191.pdf.
    \5\ EPA. RCRA Public Participation Manual--Tools for mailings.
Accessed via: https://www.epa.gov/sites/production/files/2021-04/documents/mailing_lists-rcra_tools-508_compliant_12-20-19_updated.pdf.
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C. Authority

    This document is issued under the authority of sections 2002, 3005,
and 7004 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended by the Hazardous and
Solid Waste Amendments of 1984 (42 U.S.C. 6912, 6925, 6974).

IV. Statutory and Regulatory Requirements Related to Public Notice for
RCRA Permits

    RCRA permits are required for the treatment, storage, or disposal
of hazardous waste (see 42 U.S.C. 6925). These permits include
facility-specific requirements, based on the applicable RCRA
regulations, for the management of hazardous wastes and are issued by
authorized states or EPA regional offices. When ``permitting agencies''
are referenced in this notice, we are referring to state programs that
are authorized to implement the RCRA permitting regulations in lieu of
EPA, or EPA regional offices. As discussed further below, permitting
agencies are required to publish notices as part of the permitting
process. This notice also sometimes refers to ``state environmental
agencies'' when speaking about state RCRA environmental programs acting
in capacities broader than permitting.
    RCRA section 7004(b)(2), 42 U.S.C. 6974(b)(2), states: ``Before the
issuing of a permit to any person with respect to any facility for the
treatment, storage, or disposal of hazardous wastes under section 3005,
the Administrator shall--(A) cause to be published in major local
newspapers of general circulation and broadcast over local radio
stations notice of the agency's intention to issue such permit. . . .''
This section further provides that ``no state program which provides
for the issuance of permits referred to in this paragraph may be
authorized by the Administrator under section 6926 of this title unless
such program provides for the notice. . . required by the paragraph.''
Thus, this requirement governs permitting by both EPA and authorized
states. The EPA's main regulation implementing this provision requires
``publication of a notice in a daily or weekly major local newspaper of
general circulation.'' While this regulation implements RCRA section
7004(b)(2) by requiring newspaper notice of the intent to issue a
permit, it also covers a range of other permitting actions which are
not governed by that section.
    Section 7004(b)(2) applies when EPA or authorized states are
``issuing'' permits. EPA interprets this section to apply to permit
renewals as well as initial issuance of permits, since each RCRA permit
has an expiration date, which by statute cannot extend beyond ten years
from the date of issuance (RCRA section 3005(c)(3)). The renewal of a
RCRA permit is, in effect, the issuance of a RCRA permit, because it
replaces the previous permit and establishes a new permit term.
However, the EPA does not view other permit actions--for example, a
permit modification--as the issuance of permits, because they do not
replace the existing permit and do not establish another permit term.
Other sections of RCRA distinguish between the issuance and
modification of permits (see, e.g., RCRA section 3005(c)(3)). Permit
modification notification by the agency and the permittee is just one
example of permitting actions not governed by section 7004(b)(2) for
which the regulation requires newspaper public notice. See Section VII
for details.
    As explained further in Section VII, when EPA is the implementing
agency, it is subject to the requirements specified in the regulatory
text,\6\ but authorized states have flexibility to adopt and seek
authorization for other public notice approaches that are equivalent to
and at least as stringent as the EPA regulatory requirements, when
undertaking actions other than permit issuance (permit modifications
for example).
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    \6\ For example, when EPA is the permitting authority, it must
give newspaper notice for agency-initiated permit modifications per
the regulatory requirements (Sec. Sec.  270.41, 124.5, and
124.10(c)(2)(ii)).
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V. Public Notice Availability, Efficiency, and Effectiveness

A. Community-Specific Public Participation Planning

    The EPA would like to emphasize that the RCRA program is committed
to the importance of adapting public notice methods to the local
community and doing appropriate research and outreach to determine what
combination of methods will work best for a given community, including
disadvantaged populations within the community, persons with limited
English proficiency, and persons with disabilities. There are two main
steps to achieve this according to the 2016 RCRA Public Participation
Manual: The first is to assess the community and the second is to
develop a public

participation plan.\7\ Conducting these recommended steps will increase
the degree of meaningful community engagement when it comes to
obtaining public input for upcoming EPA RCRA decision-making at the
facilities that the communities host. Such decisions include permit
issuance, but also include other actions outlined in the manual.
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    \7\ EPA Office of Land and Emergency Management. Resource
Conservation and Recovery Act Public Participation Manual. 2016.
530-R-16-013, Chapter 5. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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    Assessing the Community. According to the approach described in the
2016 RCRA Public Participation Manual, before designing a public
participation plan, the permitting agency would perform a community
assessment and begin by determining the level of community interest in
the action. Each community is different and has its own way of
spreading information to interested people. Key institutions and groups
also vary from place to place, as do socioeconomic status, limited
English proficiency culture and traditions, political and religious
activity, disabilities, and values. Understanding these community
characteristics is essential to facilitating successful public
participation. Community assessments should help agencies, facility
owners/operators, and public interest groups identify public
participation activities that are useful and meaningful for particular
communities. Assessments can include mapping the area around the
facility and identifying off-site impacts.
    Public Participation Plan Development. After identifying the major
community groups, concerns and relevant community characteristics
during the community assessment, the agency drafts a public
participation plan to address the following components of a public
participation plan framework:
     Identifying and establishing effective methods for
communicating with community members (e.g., mailing lists, newsletters,
interviews, local broadcast television station news programs, websites,
public notice signs at the facility, public conference calls, online
social media platforms presence, and other information sources).
     Communicating with the media and elected officials.
     Planning and conducting public participation events.
     Coordinating public participation with other stakeholder
groups and community events.
     Preparing and distributing additional resources such as
fact sheets, public notices, news releases, meeting handouts,
presentations and online or social media updates.
    With respect to RCRA permitting, there are both public notice
activities required by the statute and regulations, and public notice
activities that are optional and can be tailored to reach a specific
community. The list below includes examples of required and optional
methods (dependent on the specific RCRA actions being taken): \8\
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    \8\ EPA Office of Land and Emergency Management. Resource
Conservation and Recovery Act Public Participation Manual. 2016.
Exhibit 5-1 and 5-2. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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    Required for the applicant in the regulations:
     Newspaper;
     Radio broadcast;
     Public roadway signage at the facility location or
entrances to public roadway;
     Information repository; and
     Pre-application meetings and meeting documentation.
    Required for the agency in the regulations:
     Newspaper;
     Mailing list;
     Fact sheets/statements of basis;
     Meetings/hearings;
     Public comment (including response to comment); and
     Notice of decision.
    Other optional methods of public engagement: \9\
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    \9\ EPA Office of Land and Emergency Management. Resource
Conservation and Recovery Act Public Participation Manual. 2016.
Exhibit 5-3. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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     Community interviews;
     Community advisory groups;
     Telephone calls including public conference calls;
     Local public television (broadcast and cable) seeking
local news content;
     Informal meetings with stakeholders;
     Focus groups;
     Facility tours and observation decks;
     On-Scene Information Offices;
     Briefings with key stakeholders;
     Project newsletters and reports;
     Presentations to concerned community groups (and others);
     Exhibits and information tables; and
     Workshops.
    In addition to the public participation requirements identified in
RCRA and EPA regulations, recipients of federal financial assistance,
including from EPA, must comply with federal civil rights laws. These
civil rights laws require recipients to ensure individuals with limited
English proficiency have a meaningful opportunity to participate in
permit and other decision making and public involvement processes,
including through the translation of vital documents and the provision
of qualified interpreter services. The federal civil rights laws also
require that recipients provide persons with disabilities needed
reasonable accommodations and appropriate auxiliary aids and services
where necessary so they may effectively participate in permit actions
and other public participation processes. This includes an obligation,
when in-person hearings are held, to choose facilities in which to hold
permit hearings and other public participation events, that are
accessible to persons with physical disabilities.
    Communities have different needs. Some communities have a lack of
newspapers, and most of the community members consume news through the
internet (as described in Section V.B); while other communities may
have limited internet access. According to a Pew Research Center survey
of U.S. adults conducted from Jan. 25 to Feb. 8, 2021,10 11
``7% of U.S. adults say they do not use the internet'' and it also
states that ``rural residents go online less frequently than their
urban counterparts'' and that ``eight-in-ten adults who live in rural
communities say they use the internet on at least a daily basis,
compared with roughly nine-in-ten of those in urban areas (88%).''
While people tend to use the internet on multiple devices, this is less
common with rural residents according to the Pew Research Survey, and
they may need to rely on the internet connection at home. ``Roughly
seven-in-ten rural Americans (72%) say they have a broadband internet
connection at home.'' In communities with widely used local newspapers
and limited internet access, it is expected that the community
assessment process listed above would result in a development of a
public participation plan that focuses on the use of the local print
newspaper (in addition to other methods, as needed).
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    \10\ Perrin, A. and Atske, S. 7% of Americans don't use the
internet. Who are they? Pew Research Center, 2021. Accessed via:
https://www.pewresearch.org/fact-tank/2021/04/02/7-of-americans-dont-use-the-internet-who-are-they/.
    \11\ Vogels, E.A. Some digital divides persist between rural,
urban and suburban America. Pew Research Center, 2021. Accessed via:
https://www.pewresearch.org/fact-tank/2021/08/19/some-digital-divides-persist-between-rural-urban-and-suburban-america.
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    In addition, several tribal members raised to the EPA that some
households

on tribal lands do not have access to the internet and rely on other
methods like local television and radio.\12\ According to the Federal
Communications Commission (FCC), 628,000 tribal households--roughly 36%
of Tribal households nationwide--lack access to standard broadband (no
providers). The same FCC report stated that 8% of non-tribal households
lacked access to standard broadband providers.\13\ A study by the
American Indian Policy Institute in 2019 found nearly one in five
reservation residents has no internet at home.\14\
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    \12\ The EPA provided an opportunity for tribes to consult with
EPA on this Federal Register Notice and held an informational
webinar for tribes in October 2021. More on the consultation process
can be found at: https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes.
    \13\ Federal Communications Commission. Report on Broadband
Deployment in Indian Country, Pursuant to the Repack Airwaves
Yielding Better Access for Users of Modern Services Act of 2018.
Submission to the Senate Committee on Commerce, Science, and
Transportation House of Representatives Committee on Energy and
Commerce, 2019. Figure 2. Accessed via: https://www.fcc.gov/document/report-broadband-deployment-indian-country.
    \14\ Schapiro, A. Coronavirus crisis threatens internet
opportunity for Native Americans. Reuters. 2020. Accessed via:
https://www.reuters.com/article/us-health-coronavirus-usa-rights-trfn/coronavirus-crisis-threatens-internet-opportunity-for-native-americans-idUSKCN24T06B.
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    These statistics underscore the importance of assessing the
community and planning public participation based on community
characteristics and needs.

B. Lack of Available Print Newspapers in Some Communities

    Many localities no longer have newspapers that might have
traditionally been considered ``local;'' there has been a trend in
newspapers ceasing publication; and there has been a trend in
circulation reductions. These three trends are described below.
     Communities with no local newspaper.--According to a study
in 2018 by the University of North Carolina Hussman School of Media and
Journalism (UNC Hussman), nationally 171 counties with 3.2 million
residents had no local newspaper.\15\ The counties without a newspaper
have now increased to more than 200 according to their updated report
(2020 UNC Hussman report \16\).
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    \15\ Abernathy, P. The Expanding News Desert. University of
North Carolina Press. 2018. Accessed via: https://www.cislm.org/wp-content/uploads/2018/10/The-Expanding-News-Desert-10_14-Web.pdf.
    \16\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local
News Survive? University of North Carolina Press. 2020. Accessed
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
---------------------------------------------------------------------------

     Recent trend of newspaper reductions.--The 2020 UNC
Hussman report also concluded that, in the past 15 years, the U.S. has
lost one-fourth (2,100) of its newspapers ``leaving at least 1,800
communities that had a local news outlet in 2004 without any at the
beginning of 2020.'' Most of these losses were sustained in
economically struggling communities; however, some were also in larger
cities with more affluential readership. UNC Hussman also found that
the economic fallout from the COVID-19 pandemic has dramatically
increased the decline--with at least 30 newspapers that closed or
merged in April and May of 2020, and dozens of newspapers that switched
to online-only delivery of news.\17\
---------------------------------------------------------------------------

    \17\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local
News Survive? University of North Carolina Press. 2020. Accessed
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
---------------------------------------------------------------------------

     Circulation reduction trends.--The same 2020 UNC Hussman
report stated that total newspaper circulation decreased by 55 million
between 2004 and the end of 2019. An estimated ``half of newspaper
readers have vanished over the past 15 years.'' Between 2004 and 2019,
total weekday circulation--including both dailies and weeklies--
declined 45 percent, from more than 122 million to 68 million. Daily
papers lost 22 million print readers. Only 39 dailies had a circulation
of more than 100,000 in 2019, compared with 104 in 2004. Most of the
drop in daily circulation resulted from decisions by owners of dailies
to pare back distribution of the print paper, especially in outlying
areas. The dramatic circulation drop occurred despite new rules adopted
by the industry after 2004 that allowed newspapers to count print and
online readership that had previously been excluded (this is likely to
undercount online readership since ``circulation'' does not include
free online readership).18 19
---------------------------------------------------------------------------

    \18\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local
News Survive? University of North Carolina Press. 2020. Accessed
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
    \19\ Payment for online access is a prerequisite for including
those digital numbers in the industry-accepted audit of circulation
conducted by the Alliance for Audited Media (AAM).
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    State permitting agencies have also raised these trends in various
meetings over the years with EPA, reporting that print newspapers are
not available in all communities. A few recent examples have been
shared with the EPA. An example illustrating the ineffectiveness of
newspaper notification in some scenarios is the Holcim facility in
Artesia, Mississippi. EPA Region 4 issued a renewal permit on September
21, 2017, to operate a RCRA hazardous waste fuel blending facility.
Because there was no local paper with readership in the community near
the facility, EPA issued public notice in a more regional newspaper out
of Starkville, Mississippi, over 20 miles from Holcim's facility. The
region also posted the draft permit on their website and took comments
for the duration of the comment period and the region found it was more
effective in reaching the local community. A more unusual example
involves a RCRA corrective action permit in Johnston Atoll issued by
EPA Region 9 on December 21, 2018. The print newspaper closest to
Johnson Atoll is the Honolulu Star-Advertiser which is based in Hawaii
and is published 720 nautical miles from the facility. The EPA used the
Honolulu Star-Advertiser publication to satisfy the statutory and
regulatory newspaper notice requirement, but the notice was relatively
expensive and no inquiries regarding the permit originated from the
newspaper notice, but rather were initiated by the public reviewing the
EPA website and using that contact information. In contrast to these,
notification for the Chemical Waste Management's Kettleman Hills
facility (a RCRA hazardous waste and Toxic Substances Control Act
(TSCA) landfill) in Kings County, California demonstrates what
notification under authorities with greater flexibility can look like.
The Kettleman Hills landfill is a facility with a community whose
closest print newspaper is roughly 30 miles away in Hanford and is
published in English only. The nearest community to the facility, in
Kettleman City, is primarily Spanish speaking. California's Department
of Toxic Substances Control (DTSC) handles the facility's RCRA
permitting notices and has specifically assessed the community needs
and identified effective communication methods in addition to the
required newspaper notice. EPA in its most recent notice for the
Kettleman Hills facility, for approval to dispose of polychlorinated
biphenyls under TSCA, elected to apply some enhanced communication
methods. The notice was published in the Hanford Sentinel, but the EPA
region also provided notice via direct mail and email, web page
postings, and posters in the local community in both English and
Spanish. These mechanisms were considered more effective than the
newspaper publication.

    In light of these trends described above, some state permitting
agencies find that notice in traditional print newspapers is
ineffective. They have supported modernizing the public notice
requirements under their authorized programs and have raised the issue
to the EPA. For example, two states (Alabama and Georgia) identified
this issue for consideration under the 2017 Executive Order (E.O.)
13777 ``Enforcing the Regulatory Reform Agenda.'' \20\ Both states
would prefer that EPA amend its regulations to increase notice
flexibility. In comment to this E.O., Georgia Department of Natural
Resources \21\ stated that ``depending on the location of the facility,
publication in the major local newspaper with circulation in that area
can be very expensive, especially if it is in a major metropolitan area
. . . As more newspapers go out of business, it may not be possible to
find an appropriate newspaper in which to publish the notice.'' Also,
in comment to this E.O., the Alabama Department of Environmental
Management's letter \22\ of May 12, 2017, regarded the newspaper
requirement as archaic, expensive, and ineffective. The letter stated:
``These archaic rules, originally written in the 1970's, are completely
obsolete and ineffective. First, as print news media has evolved over
time, the availability of daily, and even weekly newspapers, is
extremely limited. Moreover, many times, outside the control of the
regulatory agency, permit notices are published in sections of the
media that have very limited readership . . . And as the availability
and effectiveness of these outlets has declined, the cost associated
with these notice methods have increased.''
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    \20\ 82 FR 17793, Also see https://www.federalregister.gov/documents/2017/02/03/2017-02451/reducing-regulation-and-controlling-regulatory-costs.
    \21\ Dunn, R.E. Georgia Environmental Protection Division's
Comments on EPA's Proposed Evaluation of Existing Regulations.
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
    \22\ Davis, P.D. Recommendation for Consideration under
Executive Order 13777 on `Enforcing the Regulatory Reform Agenda'.
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
---------------------------------------------------------------------------

    While the large majority of Americans get their news from digital
devices,\23\ some newspapers have gone to having print newspapers on a
more limited basis and publishing ``e-editions'' on the other days.\24\
The permitting agencies have mentioned that publication of notices in
printed newspapers can often delay the permitting process, based on
available space for the publication in the print newspaper and based on
the publication schedule (if biweekly, for example).
---------------------------------------------------------------------------

    \23\ Shearer, E. and Mitchell, A. News Use Across Social Media
Platforms in 2020. Pew Research Center. 2021. Accessed via: https://www.pewresearch.org/fact-tank/2021/01/12/more-than-eight-in-ten-americans-get-news-from-digital-devices/ft_2021-01-12_socialmedia_01/.
    \24\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local
News Survive? University of North Carolina Press. 2020. Accessed
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
---------------------------------------------------------------------------

    Often the online and print versions will both be available, but in
some cases, the community may only have access to online newspapers. In
general, online-only newspapers are increasingly common but are not
filling the void of the overall decreasing local newspaper
availability.\25\
---------------------------------------------------------------------------

    \25\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local
News Survive? University of North Carolina Press. 2020. Accessed
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
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C. Relative Benefits of Online Notice Vehicles

    Other EPA permitting programs have finalized changes to their
public notice regulations to use a public website notice as a
replacement to newspaper notice. The general benefits of internet-based
notices used to support these regulatory changes support the
interpretations of RCRA and its implementing regulations advanced in
today's notice. Unlike RCRA, the statutory provisions governing these
other programs do not require newspaper notice, and the regulatory
changes under these programs have dispensed with the previous
requirements to provide newspaper notice. EPA does not have that
flexibility for notices of permit issuance under RCRA.
    The EPA's Office of Air rulemaking for Prevention of Significant
Deterioration (PSD) permits (81 FR 71613, October 18, 2016) and EPA
Office of Water's rulemaking for National Pollutant Discharge
Elimination System (NPDES) permits (84 FR 3324, February 12, 2019)
describe the basis for the regulatory change from newspaper notice to
internet postings to satisfy public notice requirements.\26\ The
decision to replace the newspaper requirement was supported by data and
rationale presented in the preambles of those rulemakings.\27\ The
replacement of newspaper notice in those permitting program regulations
support the effort for flexibility with RCRA newspaper notice for
permitting actions.
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    \26\ The EPA RCRA, PSD and NPDES permitting programs have
regulatory requirements under ``Public notice of permit actions and
public comment period'' at Sec.  124.10. The PSD notice at Sec.
124.10(c)(2)(iii)(B) now requires notification to the public for the
duration of the public comment period, on a ``public website''
identified by the Director (in lieu of the requirement for
publication of a notice in a daily or weekly newspaper in Sec.
124.10(c)(2)(i)). The information includes the following: A notice
of availability of the draft permit for public comment (or the
denial of the permit application), the draft permit, information on
how to access the administrative record, and information on how to
request and/or attend a public hearing on the draft permit. The
NPDES notice at Sec.  124.10(c)(2)(iv) now states that, for NPDES
major permits and NPDES general permits, the Director may publish
all notices of activities (described in Sec.  124.10(a)(1)) to the
permitting authority's public website in lieu of the requirement for
publication of a notice in a daily or weekly newspaper (as described
in Sec.  124.10(c)(2)(i)). If the Director selects this option for a
draft permit, they will include the public notice contents in Sec.
124.10(d) and post the draft permit and fact sheet on the website
for the duration of the public comment period.
    \27\ The data and analysis for justification of the regulation
change to internet-based notices for the PSD and NPDES programs in
2016 and 2019 were based on information that may now be superseded
by newer studies but was sufficient to make their findings. The
trend with newer studies typically shows an increasing trend toward
to internet usage and decreasing print newspaper availability.
Regardless, the older data and analysis that provided support for
the PSD and NPDES decisions also inform the interpretation for RCRA.
---------------------------------------------------------------------------

    The PSD rule preamble (81 FR 71613, page 71622) stated that ``the
EPA believes that in those instances when internet posting is the sole
notice provided, it will be fully adequate to meet the purpose for
which notice is intended--to provide, to as many of the public at large
as can reasonably be expected to be interested, access to important
information regarding draft permits. In addition, internet publishing
provides the potential to reach unknown interested parties.'' The
preamble went on to say that residents in a local jurisdiction might
not subscribe to a local paper or happen to see a one-day posting in
the legal notices section of the newspaper. At any given time,
residents may be out of town and/or relying on the internet for news.
The fact that ``e-notices'' (a term used in the PSD program) will
remain on the internet for the duration of the public comment period
vastly increases the likelihood that interested parties will receive
notice about draft permits. In addition, interested parties would not
have the burden of traveling to a physical location to review a copy of
the draft permit if a link to the document is also posted on the
internet notice.\28\ The preamble also mentioned that ``Given the
widespread use of the internet in our mobile society, the EPA believes
that e-notice's reach will improve the

public notice process and yield positive results.''
---------------------------------------------------------------------------

    \28\ Links to agency websites and permit documentation can be
included in the print newspaper notices, but it is easier to
implement in online notices.
---------------------------------------------------------------------------

    Online newspapers can reach a broader audience than print
newspapers since notices published online align with the trend on how
many Americans are consuming news. Internet use among the public in the
United States has expanded tremendously and continues to penetrate all
demographic groups.\29\ Moreover, online news is often (but not always)
\30\ cheaper and easier for readers to access than subscriptions for
traditional printed newspapers. Online readership for most daily
newspapers exceeds print readership.\31\ An advantage of online
newspapers is that they can be read from mobile devices, enabling
permitting agencies to reach individuals wherever they are. Notices in
online newspapers can be translated into different languages by widely
available software and can be adapted for people with disabilities (for
example, screen readers for the visually impaired). The EPA is aware
that in some cases, print newspapers can address some of the issues
listed above (publishing multilingual papers for example), but the EPA
believes that on average, online newspapers address these issues to a
larger extent.
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    \29\ See response to public comments, in the 2016 Office of Air
Prevention of Significant Deterioration (PSD) rulemaking at (81 FR
71613).
    \30\ The EPA is aware, however, that while online sources are
often more efficient and less expensive, it is not the case in every
situation. For example, some print newspapers are free.
    \31\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local
News Survive? University of North Carolina Press. 2020. Accessed
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
---------------------------------------------------------------------------

    The vast majority of people in the United States have internet
access. When Pew Research Center began systematically tracking
Americans' internet usage in early 2000, about half of all adults were
already online. Today, 93% of American adults use the internet and
roughly three-quarters of American adults have broadband internet
service at home. The share of Americans that own a smartphone is now
85% (as of February 8, 2021), up from just 35% in Pew Research Center's
first survey of smartphone ownership conducted in 2011.\32\ EPA is
aware that concerns have been raised for those who do not have internet
access. EPA acknowledges that the portion of the population that does
not have access tends to be rural and low-income people (see Section
V.A). Furthermore, internet access does not always mean consistent
access. In this regard, EPA reiterates that today's notice does not
require online notice in lieu of notice in a printed newspaper; rather,
it interprets RCRA and EPA's regulations as allowing for notice in
qualifying online newspapers as well as print newspapers and requests
comment on also allowing for notice in qualifying agency online
bulletins and newsletters. It is important that agencies know and
understand the communities they serve so that the appropriate mix of
services for providing effective notice can be considered, including
the community's access to internet services. In addition, while some
communities may have limited internet access, those communities may
also not be served by traditional local print newspapers. And, even if
they are, residents might not routinely consult those papers for
information on things like permit notices. EPA believes it makes sense
to afford permitting agencies the maximum flexibility to use notice
vehicles that will best serve the local community.\33\
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    \32\ Pew Research Center. Internet/Broadband Fact Sheet. 2021
Accessed via: https://www.pewresearch.org/internet/fact-sheet/internet-broadband/.
    \33\ Notices and other public participation processes must also
be implemented consistent with the federal civil rights laws that
apply to all recipients of federal financial assistance.
---------------------------------------------------------------------------

    The following Act and Executive Order that the PSD rule (81 FR
71613, page 71621) cited highlight the broader direction within the
Federal Government to move towards online and electronic vehicles in
government operations and toward efforts to increase efficiency. These
authorities support today's notice.
     The E-Government Act of 2002 \34\ generally requires and
encourages federal agencies to better manage and promote internet and
information technology use to bring about improvements in government
operations and customer service. This Act establishes an Office of
Electronic Government in the Office of Management and Budget (OMB) and
imposes responsibilities on various high-level government officials
including heads of federal government agencies. The Act defines
``electronic Government'' as ``the use by the Government of Web-based
internet applications and other information technologies, combined with
processes that implement these technologies, to: (A) Enhance the access
to and delivery of Government information and services to the public,
other agencies, and other Government entities; or (B) bring about
improvements in Government operations that may include effectiveness,
efficiency, service quality, or transformation.'' 44 U.S.C. 3601(3).
While the Act does not mandate internet publication of the EPA's or
other agencies' public notices, online publication of notices would, in
many communities, advance the goals of enhancing the access to
government information by the public, using the internet to improve the
effectiveness and efficiency of government operations (in this case,
the RCRA permitting process), and providing for higher quality service
for the affected communities.
---------------------------------------------------------------------------

    \34\ Public Law 107-347, 116 Stat. 2899.
---------------------------------------------------------------------------

     Executive Order 13576 (June 13, 2011), Delivering an
Efficient, Effective, and Accountable Government,\35\ encourages
federal agencies to cut waste, streamline structure and operations, and
reinforce performance and management reform. The objectives of the E.O.
include ``reducing wasteful or ineffective programs, policies, and
procedures.'' The EPA maintains that increased effectiveness in public
notice would support these objectives.
---------------------------------------------------------------------------

    \35\ Exec. Order 13576. June 13, 2011.
---------------------------------------------------------------------------

    Some state permitting agencies find the newspaper notice an
expensive form of notice in general relative to its effectiveness. The
costs for public notices are entirely dependent upon the newspaper and
its circulation. Basically, the rates tend to be highest for daily
newspapers in large metropolitan areas and lowest in small rural towns.
In 2015, the EPA Office of Superfund Remediation and Technology
Innovation (OSRTI) conducted a study on newspaper notification in the
Superfund cleanup process \36\ where it concluded that a major local
newspaper of general circulation is not always effective in reaching
the intended audience and that it is relatively costly. The study found
that the rates for publication in daily newspapers in large
metropolitan areas vary from $2,800 (Sacramento Bee) to $3,500 (Houston
Chronicle). Publication costs for small rural newspapers are
significantly less. In general, it costs about $3,000 for ads in large
daily newspapers and often less than $100 or free for small rural
newspapers according to the research conducted. Also, based on
information provided by seven EPA regions for the research, it is
estimated that the average cost per public notice was $884 at that
time. The print newspaper ads ranged from an average of $352-$1,550
across the different EPA Regions. OSRTI's study also noted that
circulation of newspapers is shrinking, so even when

newspapers are available, readership is decreasing on average. The
EPA's recommendation in that study was that the community is better
served with a strategic approach that uses communication and outreach
methods that are best suited to the community and situation. The PSD
\37\ and NPDES \38\ rulemakings (mentioned previously in this section)
included a discussion in their preambles on the estimated costs and
program savings of amending regulations to use internet-based notice
versus newspaper.
---------------------------------------------------------------------------

    \36\ EPA Office of Superfund Remediation and Technology
Innovation. U.S. EPA Regional Practices/Experiences with Publication
of Notices during the Superfund Process. 2015. Accessed via: https://downloads.regulations.gov/EPA-HQ-SFUND-2014-0620-0009/content.docx.
    \37\ 81 FR 71613, page 71623.
    \38\ 84 FR 3324, page 3334.
---------------------------------------------------------------------------

    The Agency sees all the above reasons as providing a strong case
that EPA and authorized states need the flexibility to provide notice
of the intent to issue permits--and to take other actions--through
vehicles other than print newspapers. EPA believes significant benefits
will be realized by recognizing that qualifying online newspapers
satisfy the newspaper requirement of RCRA section 7004(b)(2). EPA
believes significant additional benefits would be realized if online
newsletters or bulletins published by permitting agencies could satisfy
the requirement as well (see Section VI.B for the discussion on online
newsletters or bulletins).

VI. Clarify Statutory and Regulatory Requirements for Newspaper Notice
of RCRA Permitting and Other Actions

A. Online Newspapers That Are Local and of General Circulation Satisfy
RCRA and Regulatory Requirements

    EPA believes that online newspapers can qualify as ``newspapers''
within the meaning of RCRA section 7004(b)(2) and EPA's regulations. In
addition, EPA believes that such newspapers can satisfy the criteria of
being ``major,'' ``local,'' and ``of general circulation.''
    There is no reason, in EPA's view, that an online publication
cannot be considered a newspaper. The term ``online newspaper,'' for
the purposes of this document, refers to any electronic or internet-
accessible newspaper. While definitions of ``newspaper'' vary, a fairly
standard definition is found in the online Cambridge Dictionary: ``a
regularly printed document consisting of large sheets of paper that are
folded together, or a website, containing news reports, articles,
photographs, and advertisements.'' \39\ Dictionary.com defines
newspaper as: ``1. A printed publication issued at regular and usually
close intervals, especially daily or weekly, and commonly containing
news, comment, features, and advertising. . . . 4. an online version of
a newspaper.'' \40\ A number of federal and state cases refer to
``online newspapers'' or ``internet newspapers,'' in acknowledgement
that such publications are widely referred to and considered to be
newspapers, e.g., Act Now to Stop War v. D.C., 846 F.3d 391, 401 (D.C.
Cir. 2017). The EPA's PSD rulemaking discussed above treats both
``print and digital'' newspapers as newspapers (81 FR 71621). Some
well-known, formerly printed newspapers have transitioned to online-
only format (e.g., the Seattle Post-Intelligencer), and EPA believes
these publications are widely considered and referred to as newspapers.
Moreover, some statutes requiring notice in newspapers specify that the
newspapers be ``printed,'' whereas RCRA section 7004(b)(2) does not
specify ``print'' newspapers. See case discussion in What constitutes
newspaper of ``general circulation'' within meaning of state statutes
requiring publication of official notices and the like in such
newspaper, 24 A.L.R. 4th 822 section 11[a]. In short, EPA believes an
online publication that has the kinds of characteristics identified in
standard definitions of ``newspaper'' qualifies as a newspaper within
the meaning of section 7004(b)(2).
---------------------------------------------------------------------------

    \39\ See https://dictionary.cambridge.org/us/dictionary/english/newspaper.
    \40\ See https://www.dictionary.com/browse/newspaper.
---------------------------------------------------------------------------

    Furthermore, EPA believes an online newspaper can meet the
additional section 7004(b)(2) and corresponding regulatory elements. As
with the term ``newspaper,'' definitions of ``newspaper of general
circulation'' vary. Discussion of the term in a number of judicial
cases has been summarized as:

    A newspaper of general circulation is one that circulates among
all classes and is not confined to a particular class or calling in
the community, and is a term generally applied to a newspaper to
which the general public will resort in order to be informed of the
news and intelligence of the day, editorial opinion, and
advertisements, and thereby to render it probable that the notices
or official advertising will be brought to the attention of the
general public. A newspaper of ``general circulation'' has also been
described as one that contains news of general interest to the
community and reaches a diverse readership.\41\
---------------------------------------------------------------------------

    \41\ 66 C.J.S. Newspapers section 4 (1998).

    EPA sees no reason that an online newspaper cannot qualify as a
newspaper of general circulation. Nor is EPA aware of a reason that an
online newspaper cannot qualify as ``major'' and ``local.''
    It is not the purpose of this notice to specify the criteria for
determining what online (or print) newspapers qualify as major, local,
and of general circulation. Rather, this notice conveys EPA's
interpretation that a newspaper is not disqualified from meeting those
elements simply because it is online.
    While this notice does not specify criteria in this regard, it does
convey EPA's view that the section 7004(b)(2) terms should be construed
broadly in determining whether an online (or print) newspaper
qualifies, to meet the intent of the statutory provision. Congress
added this section to RCRA so that people who live in the vicinity of a
proposed hazardous waste management facility would have notice of the
intended issuance of permits and thereby ``have the opportunity to have
their opinions heard before a permit to build a hazardous chemical
waste site is issued.'' \42\ This objective could be frustrated by a
narrow reading of the statutory text.
---------------------------------------------------------------------------

    \42\ Floor Debate on H.R. 3994, February 20, 1980, A Legislative
History of the Solid Waste Disposal Act, as Amended, S. Prt. 102-35,
Vol. 1 at 1082.
---------------------------------------------------------------------------

    As shown above in Section V, notice methods other than print
newspapers are likely to be more effective in the current media
environment in many communities, and this reality will only become more
pronounced as the public increasingly turns to online news and
information sources. While the EPA and authorized states must comply
with section 7004(b)(2), the EPA will interpret its text in way that is
most likely to effectively provide timely and meaningful notice to
citizens potentially impacted by permitted facilities in an
increasingly digital world.
    Moreover, a narrow reading of the statutory text could make
issuance of permits impossible in many communities--a result that
Congress surely did not intend and that the statutory language does not
compel. EPA and authorized states must publish notice of their
intention to issue each RCRA Subtitle C permit in a major local
newspaper of general circulation. And yet, as shown above, many
communities no longer have newspapers that would likely have
traditionally considered to be ``local.'' Thus, as a practical matter,
section 7004(b)(2) must be interpreted flexibly to ensure that EPA and
authorized states can continue to issue permits while providing
compliant notice.
    EPA's discussion in this section about online newspapers satisfying
the requirement for newspaper notice applies to notice for permit
actions other than permit issuance, in addition to the agency's notice
of permit issuance covered under 7004(b)(2) specified

above. More broadly, this discussion and interpretation applies to all
RCRA regulatory requirements for ``newspaper'' notice. For example, it
applies to the requirement that EPA publish notice of its decision to
approve revisions to a state's authorized program under RCRA ``in
enough of the largest newspapers in the State to attract statewide
attention'' per 40 CFR 271.21(b)(3)(i)(B) and (b)(4)(i)(B). Simply put,
EPA believes that the term ``newspaper'' is commonly understood to
refer to online as well as print newspapers and that the benefits of
the flexibility to use online as well as print newspapers apply
regardless of the specific purpose of the notice. These interpretations
apply to all EPA regulations that require ``newspaper'' notice of RCRA
permit actions, of course, whether or not the action is governed by
RCRA 7004(b)(2).
    The EPA welcomes comment on the interpretation that notice of the
intent to issue RCRA permits in online newspapers that are major, local
and of general circulation satisfies RCRA section 7004(b)(2) and the
corresponding EPA regulatory requirements, and that online newspapers
generally qualify as ``newspapers'' under Subtitle C regulations
requiring newspaper notice. The EPA intends to operate under this
interpretation in the meantime, because it does not believe the
interpretation should be controversial and because it does not see a
good basis to operate under a more restrictive interpretation. States
with similar authorized regulations \43\ may also implement an
interpretation similar to EPA's without seeking authorization if no
state regulatory changes are made. However, EPA will consider any
comments received and may either affirm the interpretation or revise it
following review of any comments. Also, EPA welcomes comment on whether
it should clarify the inclusion of ``online newspapers'' by amending
its regulations that require newspaper notice for permit and other
actions.
---------------------------------------------------------------------------

    \43\ For example, if a state is authorized for public notice
criteria with similar criteria to ``publication of a notice in a
daily or weekly major local newspaper of general circulation'' as
stated in 40 CFR 124.10(c)(2)(ii), they could use the same
interpretation.
---------------------------------------------------------------------------

    Note that this interpretation does not prohibit authorized states
and EPA from publishing notices in print newspapers; rather, this
interpretation clarifies the flexibility afforded by the statutory and
EPA regulatory text. The EPA encourages permitting agencies to satisfy
the statutory and regulatory newspaper requirements in a manner that
provides the most effective public notice mechanisms for a specific
community. Section V.A describes the importance of adapting public
notice methods to the local community and the importance of doing
appropriate research and outreach to determine what combination, of the
many methods available, will work best for a given community. In some
situations, notice in both print and online newspapers will likely make
the most sense. However, EPA recognizes that permitting agencies often
have limited funds for notification and wish to have the most effective
notice with their limited funds, and in some situations the print
version is an additional cost with limited circulation. As mentioned in
Section V.B, some state permitting agencies find print newspaper notice
ineffective and expensive.44 45 See additional background on
the notification costs in Section V.C and Section VI.B.
---------------------------------------------------------------------------

    \44\ Dunn, R.E. Georgia Environmental Protection Division's
Comments on EPA's Proposed Evaluation of Existing Regulations.
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
    \45\ Davis, P.D. Recommendation for Consideration under
Executive Order 13777 on `Enforcing the Regulatory Reform Agenda'.
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
---------------------------------------------------------------------------

    In addition, the EPA notes that newspapers are just one of several
public participation vehicles used by states and EPA in engaging
communities; newspaper notice is required by statute for permit
issuance, but other vehicles can certainly be used in addition to
newspaper notice and be more efficient.

B. Request for Comment on Whether Online EPA or State Newsletters/
Bulletins Would Satisfy RCRA and Regulatory Requirements

    The Agency is considering and requests comment on whether online
newsletters or bulletins published by permitting agencies could qualify
as newspapers under EPA regulations, and specifically whether they
could qualify under RCRA section 7004(b)(2) and corresponding
regulations as major local newspapers of general circulation. While EPA
believes significant benefits can be realized by providing notice in
online versions of traditional newspapers as compared to print
newspapers, EPA also believes that further gains in the quality and
efficiency of notice would be achieved in many communities if RCRA
section 7004(b)(2) and the EPA regulations were interpreted as allowing
for notices posted in appropriate vehicles on agency websites.
    EPA has previously recognized the significant notice benefits that
can be realized through the posting of notices on agency websites, as
compared to notices in traditional newspapers. For example, in the
previously referenced PSD (81 FR 71613, October 18, 2016) and NPDES
rulemakings (84 FR 3324, February 12, 2019), EPA recognized that online
formats can provide more efficient and effective notice for permitting
programs in those rulemakings. The PSD change was supported by findings
on newspaper readership decline, statistics on the increase of internet
usage (and wide availability of internet in public libraries), cost,
and other rationale. The rulemaking preamble stated that all state and
local agency commenters generally supported the proposal and summarized
the benefits of e-notice as follows: \46\
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    \46\ 81 FR 71613, page 71620.

    (1) Significantly improve communication with the public on
permit actions in comparison to a one-day newspaper notice; (2)
result in broader and better informed public participation; (3)
reduce costs and conserve air agency resources; (4) improve public
access by making permit actions immediately available through
convenient and reliable electronic media outlets; (5) improve
communication with environmental justice (EJ) communities and other
target audiences; (6) allow for information to be made available for
an extended time period; and (7) provide flexibility for permitting
agencies and sources by avoiding time delays associated with
newspaper publication and allowing for faster correction of errors
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and rescheduling of events.

    Prior to those rulemakings, in 2011, the EPA issued the Tribal New
Source Review (NSR) rules that contained, among other things,
requirements for noticing of permits in Indian Country that provided
for options other than newspaper and print media (76 FR 38748, July 1,
2011). The July 2011 Tribal NSR rule provides options such as web
posting and email lists among the methods that the permitting agency
may use to provide adequate public notice of such permits.
    The benefits EPA identified in these rulemakings apply with equal
force to RCRA permitting, and also largely apply to notice of other
implementation actions under the Subtitle C regulations. For example,
publication of permit notices in online bulletins or newsletters
published by state environmental agencies would further reduce costs
and processing time for permitting agencies, as they would have greater
control over posting and updating public notices. The online sites
could also easily make the information available for the entire time

the notice is applicable (versus the typical one-time publication in a
print newspaper, since it can be inordinately costly to run the ad for
the entire public comment period and is not required). See additional
information on cost in Section V.C. States and the EPA could provide
greater context for the notice, for example, linking to applicable
permitting documents. In addition, it is reasonable to assume the
public, seeking information about hazardous waste facilities permitted
by a state or the EPA, would naturally seek information from the state
or the EPA websites directly. News bulletins published by state
environmental agencies could allow the public a central place to find
and subscribe to all environmental news affecting their locality. State
RCRA hazardous waste permitting agencies have strongly supported
modernizing the public notice requirements under their authorized
programs and have raised the issue to the EPA for many years (see
discussion and examples in Section V). The RCRA state programs have
also raised the issue that print newspapers are not available in all
communities (see examples and discussion in Section V.B).
    Candidly, EPA views the section 7004(b)(2) newspaper requirement as
anachronistic. It seems likely that, if the provision were being
drafted today, Congress would not require this notice method for every
permit issuance, in view of the rise of online information and news
sources and the disappearance of local newspapers. Were it not for
section 7004(b)(2), EPA would most likely move toward the broader range
of flexibility for RCRA permitting that it created for PSD and NPDES
permitting, which utilize web postings for the notice (see Section
V.C). In view of this provision of RCRA, however, EPA intends to
utilize and provide for the broadest degree of flexibility the text can
afford.
    Courts and other authorities have acknowledged that the line
between newspapers and other publications is difficult to draw.\47\
Moreover, there is a range of definitions of ``newspaper of general
circulation.'' In a holding typical of a number of decisions, a court
has stated that, in determining whether a publication qualifies as a
newspaper of general circulation under a statute, ``the ultimate
consideration'' is whether the publication ``fulfills the purpose
underlying [the] statute . . . --to give notice to the general
public.'' \48\ The EPA believes online newsletters and bulletins could
potentially qualify as newspapers of general circulation for purposes
of section 7004(b)(2) if they fulfill the purpose of effectively
providing notice to the affected community.
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    \47\ See, e.g., Old Principles, New Technology, and the Future
of Notice in Newspapers, 38 Hofstra L. Rev. 1009, 1028 (``As defined
by ordinary dictionaries, the term `newspaper' is ambiguous.
Likewise, no universal legal definition of `newspaper' exists'').
    \48\ City of Postville v. Upper Explorerland Regional Planning
Commision, 834 N.W. 2d 1 (IA 2013).
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    EPA recognizes that Agency web postings would probably not commonly
be referred to as newspapers. Publications understood to be newspapers
are typically generated by private companies, rather than by government
agencies. However, courts have treated publications of the Army News
Service, which is part of the Army's Command Information Program, as
newspapers.\49\ Thus, EPA does not believe publication by a federal
agency bars an information source from being considered a newspaper.
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    \49\ See, e.g., Bryant v. Sec'y of Army, 862 F. Supp. 574, 576
(D. D.C. 1994) (reviewing claims relating to The Pentagram and The
Stripe--both classified as Civilian Enterprise Newspapers).
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    EPA has identified examples of web-based bulletins and newsletters
published by state environmental agencies that satisfy key criteria
identified in case law and other sources to identify newspapers of
general circulation. A summary of such criteria from Corpus Juris
Secundum (CJS) is quoted above. A similar summary is provided in
Black's Law Dictionary, which defines ``newspaper of general
circulation'' as:

    A newspaper that contains news and information of interest to
the general public, rather than to a particular segment, that is
available to the public within a certain geographic area, that is
circulated mostly to paid subscribers, and that has been
continuously serving the same readership area for a specified time.

    Applying the kinds of criteria found in the definitions, EPA has
identified online bulletins and newsletters published by some state
environmental agencies that:
     Contain news and information of interest to the general
public, rather than to a particular segment. Members of the public
generally have interest in environmental and land use issues affecting
the community, and the postings of environmental agency bulletins and
newsletters generally are not targeted to a particular segment of the
population. Along these lines, some state bulletins and newsletters
appear on websites that contain information on a broad range of public
lands, recreational and other environmental and conservation-related
matters as well as information on specific permitting actions.
     Have been continuously serving the same readership for an
extended period and are widely recognized in the state as reliable
sources of information on environmental developments and issues. These
sources are therefore likely to be consulted for such information, such
that it is probable that notices appearing in them will be brought to
the attention of the interested public.
     Are available to subscribers, in addition to the public
more generally, through Listservs.
     Publish at regular, short intervals.
    Courts have held newspapers to be of general circulation for the
purpose of a particular type of notice where they were of interest to
the part of the community likely to be concerned with the subject of
the notice in question and/or have a reputation for carrying a
particular type of notice. This consideration would militate in favor
of considering well-established online state environmental bulletins
and newsletters to be newspapers of general circulation.
    Moreover, EPA has identified online bulletins and newsletters that
can be viewed as ``local.'' They are specific to the state, and some
divide the notices within the state into regions (for example, by
county or city). Their circulation may not be limited to particular
localities in the same way as traditional local print newspapers; but,
again, many communities do not have such traditional local newspapers
in any format. And these bulletins can be considered ``major,'' because
they have a large number of subscribers and are widely known in the
state as the best source for information on environmental permits and
other environmental issues.
    EPA recognizes that web-based agency environmental bulletins will
likely not have all of the elements identified in the various
definitions of ``newspaper of general circulation.'' For example, the
summary provided in CJS identifies ``editorial opinion, and
advertisements'' as elements. However, there is no definitive
definition of ``newspaper of general circulation,'' and the various
definitions differ. Accordingly, courts have held that newspapers that
lack some of the features identified in some definitions nonetheless
qualify as newspapers of general circulation.\50\ RCRA section

7004(b)(2) does not prescribe specific characteristics that a newspaper
must have to qualify under the general statutory language, and it
should therefore be interpreted flexibly to accomplish the underlying
purpose of providing effective notice to the public. EPA is
specifically requesting comment regarding whether online bulletins or
newsletters published by state or EPA permitting agencies can be
considered major local newspapers of general circulation and, if so,
what attributes they should possess to be considered as such. EPA will
not implement such an interpretation until after comments are received
and assessed (but with regard to permit actions that are not under
section 7004(b)(2), see the approach outlined in Section VII). Also,
EPA welcomes comments on whether it should propose to amend the
permitting public notice regulations to address the use of agency
newsletters and bulletins. (Note, other options will continue to be
available, see Section V.A on site-specific assessment for notification
and outreach for permit issuance and other actions outlined in the 2016
RCRA Public Participation Manual.\51\)
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    \50\ See, e.g., 24 A.L.R. 4th 822 section 4[a] (citing caselaw
holding that a publication qualified as a newspaper of general
circulation despite containing no editorials, because the governing
statute did not require that the newspaper contain editorials).
    \51\ EPA Office of Land and Emergency Management. Resource
Conservation and Recovery Act Public Participation Manual. 2016.
530-R-16-013, Chapter 5. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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VII. Newspaper Notice Requirements for Permitting Actions That Are Not
Subject to RCRA Section 7004(b)(2)

    RCRA section 7004(b)(2) applies only to notice of a state agency's
or EPA's intention to issue \52\ a RCRA permit. However, as stated
above, EPA regulations impose newspaper notice requirements on a
broader range of permitting actions. Examples include the following:
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    \52\ RCRA Permit ``issuance'' includes the issuance of RCRA
permit renewals (as discussed in Section IV) in addition to initial
permit issuance.
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     Class 3 modifications (Sec.  124.10(c)(2)(ii)) and Agency-
initiated modifications (Sec. Sec.  270.41, 124.5, and
124.10(c)(2)(ii));
     Permit modification requests by the permittee per
Sec. Sec.  270.42(b)(2) and (c)(2));
     Requirement to list annual permit modification approvals
in a statewide newspaper (Sec.  270.42(i));
     Permit denials (Sec.  124.1(a)); and
     Any other newspaper notice required under RCRA Subtitle C
that are not for the permitting agency's intention to issue a RCRA
permit.
    EPA regulations also require newspaper notice for actions and
events other than permitting actions. For example, the regulations in
40 CFR 271.21(b)(3)(i)(B) and (b)(4)(i)(B)) require EPA to provide
notice of state authorization decisions in state newspapers.
    When the EPA is the permitting agency, the EPA must adhere to these
requirements. Although authorized states are subject to the section
7004(b)(2) requirement for the issuance of permits, they are not
subject to the 40 CFR part 124 regulatory requirements; rather, they
are subject to the analogous authorized text in their regulatory
requirements. Authorized state permitting requirements must be
equivalent to and no less stringent than the federal program, but they
need not be identical (see the note \53\ in the regulations at 40 CFR
271.14). As explained in Section VI.B above, the EPA believes that
online forms of notice (including state newsletters/bulletins) are
likely to be more effective than notice in traditional print newspapers
in many communities. Consequently, if authorized states interpret their
existing authorized regulations as allowing for such flexibility for
notices not subject to section 7004(b)(2), EPA would generally not view
that as creating an issue as to the equivalence of the state program as
long as they provide for notice that is likely to be as effective as or
more effective than the notice required by the federal regulations. If
states must amend their regulations to provide this flexibility, EPA
believes that these regulations are likely to be equivalent to the
federal program.
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    \53\ 40 CFR 271.14 Note: ``States need not implement provisions
identical to the above listed provisions. Implemented provisions
must, however, establish requirements at least as stringent as the
corresponding listed provisions.''
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    Finally, EPA requests comment on whether it should amend its public
notice regulations to clarify options for public noticing permit
actions and other actions (except for permit issuance), which are not
governed by RCRA 7004(b)(2). EPA does not envision regulatory changes
to preclude newspaper notice where it is appropriate, but the Agency is
interested in the public's views as to whether the regulations should
allow for a broader range of notice mechanisms, including web postings,
where appropriate for the community and circumstances. As discussed in
the preceding paragraph, such amendments are not necessary to afford
authorized states this flexibility, and most permit actions are
undertaken by authorized states.

VIII. Environmental Justice and Civil Rights Considerations

    The EPA has carefully considered the principles of equity in
developing this notice to ensure equity and accessibility and to
increase transparency to marginalized communities. The principle of
equity focuses on ensuring that all communities have access to
equitable environmental and public health benefits and a meaningful
opportunity to participate in decision making. This includes
communities of color and low-income communities as well as people with
limited English proficiency and with disabilities. As noted by the EPA
Administrator ``[t]oo many communities whose residents are
predominantly of color, Indigenous, or low-income continue to suffer
from disproportionately high pollution levels and the resulting adverse
health and environmental impacts.'' In an effort to increase EPA's
protective measures, activities, and programs in new and creative ways
in communities with environmental justice concerns, the EPA carefully
evaluated the potential effect of the interpretations presented in this
notice on underserved communities with EJ concerns. In addition, EPA
considered the interpretations presented in this notice in light of the
federal civil rights laws that apply to recipients of EPA financial
assistance.
    Public notices represent one of the regular and official channels
of communication with communities burdened with environmental justice
concerns. The RCRA Expanded Public Participation Rule \54\ enhanced
public involvement in the RCRA permit process by requiring permitting
agencies (e.g., EPA or the authorized state) to expand procedural
opportunities for public participation earlier in the process and
during key milestones for communities affected by RCRA permits. The
effectiveness of noticing methods for reaching marginalized communities
and communities with environmental justice concerns is a substantial
concern to the EPA. As noted in Section V.C, the loss of newspapers is
disproportionate. The 2020 UNC Hussman report concluded that, in the
past 15 years, the U.S. has lost one-fourth (2,100) of its newspapers
and most of these losses were sustained in economically struggling
communities. The economic fallout from the COVID-19 pandemic has
dramatically increased the decline. To ensure the most meaningful
public participation in the issuance of RCRA permits and other RCRA
permit actions, EPA finds it necessary to consider

modern tools and methods for public notice and outreach, as discussed
in this notice, to reflect substantial changes in technology, the
media, and the way different segments of the public access information.
---------------------------------------------------------------------------

    \54\ 60 FR 63417, December 11, 1995.
---------------------------------------------------------------------------

    According to the final National Environmental Justice Advisory
Council (NEJAC), EJ in Permitting Subgroup Report,\55\ the publication
in the legal section of a regional print newspaper is antiquated,
ineffective, and is not ideal for providing notice to low-income and
minority communities. Regarding public participation, the report
recommends the following to the EPA: ``To ensure meaningful public
participation, the public notice and outreach process must include
direct communication in appropriate languages through telephone calls
and mailings to EJ and tribal communities, press releases, radio
announcements, electronic and regular mail, website postings and the
posting of signs.'' EPA finds today's notice consistent with the
report's recommendations in that EPA intends to provide for the full
range of flexibility allowed by RCRA and EPA regulations to satisfy the
public notice requirements.
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    \55\ National Environmental Justice Advisory Council. Enhancing
Environmental Justice in EPA Permitting Programs. A Report of Advice
and Recommendations. 2011, pages 20-21. Accessed via: https://www.epa.gov/sites/production/files/2015-02/documents/ej-in-permitting-report-2011.pdf.
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    In the 2016 PSD rulemaking described above, commenters noted that
modernizing notification processes to provide for electronic notice
would be more efficient and convenient for communicating permitting-
related information to the public, including communities with
environmental justice concerns. Several commenters supported the EPA's
conclusion that because there have been substantial changes in
technology, the media, and the way the public access media, electronic
notifications are more effective means of public notification than
newspaper publication. Commenters note that this conclusion applied not
only to the public in general, but also for communities with
environmental justice concerns. One commenter noted that overburdened
communities today obtain and share more information through the
internet than through newspaper circulation. The comments also
confirmed that some districts have already been encouraged to provide
electronic notice by EJ advocates, noting that such notices improve the
level of available information and customer service offered to the
public, including marginalized communities, by allowing the district to
immediately make available permitting action notices in languages other
than English. To that point, the commenter explained that public
outreach initiatives cannot be nearly as effective with just
traditional newspaper notification. The EPA agreed with the commenters
and found that electronic notice and electronic access have been an
effective and convenient way to communicate permitting-related
information to the public.\56\
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    \56\ EPA recognizes that such electronic vehicles may not be
effective for some segments of the public at some facilities.
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    As marginalized communities impacted by environmental justice
concerns and other targeted audiences shift away from traditional news
and information vehicles and increase their use of the web-based
resources for information, the option for electronic noticing public
notices could improve communication and increase the public's
participation in the RCRA permit process for some of these communities.

IX. Do guidance documents contain binding requirements?

    The contents of this document do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or agency policies.

    Dated: December 10, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-27252 Filed 12-15-21; 8:45 am]
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[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Page 3760]
[FR Doc No: 2018-01456]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4337-DR; Docket ID FEMA-2018-0001]

Florida; Amendment No. 14 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-4337-DR), dated September 10, 2017, and
related determinations.

DATES: This amendment was issued January 10, 2018.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Florida is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of September 10, 2017.

    Hamilton County for Individual Assistance (already designated
for debris removal and emergency protective measures [Categories A
and B], including direct federal assistance, under the Public
Assistance program).

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-01456 Filed 1-25-18; 8:45 am]
 BILLING CODE 9111-23-P