[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Page 1189]
[FR Doc No: 2011-133]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1905-DR; Docket ID FEMA-2010-0002]

Virginia; Amendment No. 2 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 Commonwealth of Virginia (FEMA-1905-DR), dated April 27, 2010,
and related determinations.

DATES: Effective Date: December 30, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, 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 Commonwealth of Virginia is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of April 27, 2010.

    Culpeper and Rappahannock Counties for emergency protective
measures (Category B), including snow assistance, under the Public
Assistance program for any continuous 48-hour period during or
proximate to the incident period (already designated for Public
Assistance).

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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-133 Filed 1-6-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29418-29421]
[FR Doc No: 2017-13536]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0113; FRL-9964-06-Region 4]

Air Plan Approval; Georgia: Permit Exemptions and Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Department of Natural Resources'
Environmental Protection Division (GA EPD), on September 19, 2006, with
a clarification submitted on November 6, 2006. This direct final action
approves changes to existing minor source permitting exemptions and
approves a definition related to minor source permitting exemptions.
EPA is approving these portions of this SIP revision because the State
has demonstrated that they are consistent with the Clean Air Act (CAA
or Act).

DATES: This direct final rule is effective August 28, 2017 without
further notice, unless EPA receives adverse comment by July 31, 2017.
If EPA receives such comment, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0113 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Akers can be reached via telephone at (404)

562-9089 or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 19, 2006, GA EPD submitted SIP revisions to EPA for
review and approval into the Georgia SIP. GA EPD submitted a
clarification on November 6, 2006, which fixed typographical errors in
the original submission. The submission contains changes to a number of
Georgia's air quality rules at Rule 391-3-1. EPA is approving the
portions of the SIP revisions that modify Rule 391-3-1-.01--
``Definitions,'' and Rule 391-3-1-.03(6)--``Exemptions.'' The changes
requested by Georgia in the SIP revision are discussed below in Section
II.
    EPA is not acting on the changes to the following rule sections
proposed by Georgia because the rule sections are not incorporated into
the SIP: Rule 391-3-1-.02(2)(ppp)--``Commercial and Industrial Solid
Waste Incinerators''; Rule 391-3-1-.02(8)--``New Source Performance
Standards''; Rule 391-3-1-.02(9)--``Emission Standards for Hazardous
Air Pollutants''; Rule 391-3-1-.03(9)--``Permit Fees''; and Rule 391-3-
1-.03(10)--``Title V Operating Permits. EPA is not acting on changes to
Rule 391-3-1-.02(2)(ooo)--``Heavy Duty Diesel Engine Requirements,''
included in the September 19, 2006, submittal because the changes were
withdrawn from EPA consideration by the State in a letter dated January
25, 2016. EPA is not acting on changes to Rule 391-3-1-.02(6)--
``Specific Monitoring and Reporting Requirements for Particular
Sources--Emission Statements,'' at paragraph (a)(4) because a
subsequent revision to the rules, submitted on March 5, 2007, was
approved on November 27, 2009, and supersedes the September 19, 2006,
submittal. See 74 FR 62249. Accordingly, GA EPD withdrew this
superseded revision to Rule 391-3-1-.02(6) from EPA consideration in a
letter dated December 1, 2016.
    EPA has previously approved the majority of revisions to Georgia
rules originally included in the September 19, 2006, submittal. The
following revisions were previously approved on February 9, 2010 (75 FR
6309), as corrected on August 26, 2010 (75 FR 52470): Rule 391-3-
1-.01--``Definitions'' at paragraph (llll), ``Volatile Organic Compound
(VOC)'' and at paragraph (nnnn), ``Procedures for Testing and
Monitoring Sources of Air Pollutants''; Rule 391-3-1-.02(2)(d)--``Fuel
Burning Equipment''; Rule 391-3-1-.02(2)(tt)--``VOC Emissions From
Major Sources''; Rule 391-3-1-.02(2)(yy)--``Emissions of Nitrogen
Oxides [NOX] From Major Sources''; Rule 391-3-
1-.02(2)(rrr)--``NOX Emissions from Small Fuel-Burning
Equipment''; Rule 391-3-1-.02(4)--``Ambient Air Standards''; Rule 391-
3-1-.02(5)--``Open Burning''; Rule 391-3-1-.03(6)--``Exemptions'' at
paragraph (b), ``Combustion Equipment'' and paragraph (j), ''
Construction Permit Exemption for Pollution Control Projects''; Rule
391-3-1-.03(11)--``Permit by Rule''; and the repeal of Rule 391-3-
1-.05--``Regulatory Exemptions.'' The revisions to Rule 391-3-
1-.02(2)(zz)--``Gasoline Dispensing Facilities--Stage II,'' were
approved on December 1, 2010. See 75 FR 74624. The revisions to Rule
391-3-1-.02(2)(mmm)--``NOX Emissions from Stationary Gas
Turbines and Stationary Engines used to Generate Electricity,'' were
approved on August 1, 2015. See 80 FR 52627. EPA previously approved
the revisions submitted to Rule 391-3-1-.03(6)--``Exemptions'' at
paragraph (i), ``Other [sources]'' on April 9, 2013. See 78 FR 21065.
EPA also previously approved the revisions submitted to Rule 391-3-
1-.03(6)--``Exemptions'' at paragraph (j), ``Construction Permit
Exemption for Pollution Control Projects'' on February 9, 2010. See 75
FR 6309. Finally, the change submitted to Rule 391-3-1-.03(6)--
``Exemptions,'' at paragraph (g), subparagraph 5, which revised
applicability for an exemption for fuel burning operations at municipal
solid waste landfills for NOX, was previously approved, as
submitted on March 15, 2005, and therefore, is not before the EPA for
consideration in this action. See 70 FR 24310 (May 9, 2005).

II. Analysis of Georgia's Submittal

A. Rule 391-3-1-.01--``Definitions''

    Georgia seeks to add a definition of ``pollution control projects''
to its SIP at Rule 391-3-1-.01(qqqq). This definition lists certain
projects, described as ``environmentally beneficial,'' that are
exempted from the minor new source review (NSR) construction permit
requirements under Rule 391-3-1-.03(6)(j). The exemption does not apply
to sources subject to major NSR requirements under either Rule 391-3-
1-.02(7) (``Prevention of Significant Deterioration [PSD] of Air
Quality''), or Rule 391-3-1-.03(8) ``Permit Requirements'' under
paragraph (c), (Georgia's nonattainment new source review (NNSR)). The
exemption for pollution control projects applies to minor sources only,
limiting any emissions increases from the exempted projects to below
the major source thresholds for all pollutants.
    EPA previously approved the exemption for pollution control
projects for minor sources at Rule 391-3-1-.03(6)(j) on February 9,
2010. See 75 FR 6309. In this action, EPA is approving a definition of
``pollution control projects'' at Rule 391-3-1-.01(qqqq). Because this
definition only applies to minor sources, it is not impacted by the
United States Court of Appeals for the District of Columbia Circuit
decision in New York v. EPA, 413 F.3d 3 (D.C. Cir.), in which the D.C.
Circuit vacated an exemption for pollution control projects from the
federal NSR regulations for major sources. Georgia's major NSR rules
are consistent with federal rules and the D.C. Circuit decision on
pollution control projects for major NSR.
    Section 110(l) of the CAA prevents EPA from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. EPA has
determined that the change to Rule 391-3-1-.01(qqqq) will not interfere
with any applicable requirement concerning attainment or any other
applicable requirement of the CAA because the change clarifies a
previously approved exemption from the construction permit
requirements.

B. Rule 391-3-1-.03(6)--``Exemptions''

    Georgia is revising existing exemptions from minor NSR permitting
by adding language to clarify that these exemptions do not extend to
sources that are subject to new source performance standards for
stationary sources (NSPS) or national emission standards for hazardous
air pollutants (NESHAPs). Georgia's SIP at Rule 391-3-1-.03(6)
currently provides exemptions from permitting requirements, so long as
the exemption is not used to avoid any other ``applicable
requirement,'' such as NSPS or NESHAPS. Rule 391-3-1.03(6)(g)1.
currently exempts sanitary wastewater collection systems other than
incineration equipment from obtaining minor source construction
permits; Rule 391-3-1-.03(6)(g)2. exempts on site soil or groundwater
decontamination units from obtaining these permits. The September 19,
2006, SIP revision changes these provisions to reiterate the condition
that only systems and units in (g)1. and (g)2. that ``are not subject
to any standard, limitation or other requirement under section 111 or
section 112 (excluding section 112(r))'' of the CAA--corresponding to
NSPS and NESHAPs, respectively--are

exempted. These changes became state effective on July 13, 2006.
    EPA has determined that these changes will not interfere with any
applicable requirement concerning attainment or any other applicable
requirement of the CAA and therefore satisfy section 110(l) of the CAA,
because no substantive changes are made to the existing exemptions, and
the clarifying amendments provide greater certainty to sources and the
public about applicability of the Rule.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rule 391-3-
1-.01(qqqq), ``Definitions,'' effective August 14, 2016,\1\ and Rule
391-3-1-.03(6)(g) ``Permits,'' effective August 9, 2012.\2\ Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\3\ EPA has
made, and will continue to make, these materials generally available
through https://www.regulations.gov and/or at the EPA Region 4 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
---------------------------------------------------------------------------

    \1\ The effective date of the change to Rule 391-3-1-.01 made in
Georgia's September 19, 2006, SIP revision is July 13, 2006.
However, for purposes of the state effective date included at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a November 29, 2016, SIP revision, state
effective on August 14, 2016, which EPA previously approved on
January 5, 2017. See 82 FR 1207 (January 5, 2017).
    \2\ The effective date of the change to Rule 391-3-1-.03 made in
Georgia's September 19, 2006, SIP revision is July 13, 2006.
However, for purposes of the state effective date included at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a July 26, 2012, SIP revision, which EPA
previously approved on April 9, 2013. See 78 FR 21065.
    \3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP at
Rules 391-3-1-.01(qqqq) and 391-3-1-.03(6)(g) because they are
consistent with the CAA. EPA is publishing this rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. However, in the proposed rules
section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
August 28, 2017 without further notice unless the Agency receives
adverse comments by July 31, 2017.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on August 28, 2017 and no
further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735 (October 4, 1993)) and 13563 (76 FR 3821 (January 21, 2011));
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255 (August 10, 1999));
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR 19885
(April 23, 1997));
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355 (May 22, 2001));
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629 (February 16, 1994)).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249 (November 9, 2000)), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 28, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial

review of this direct final rule, so that EPA can withdraw this direct
final rule and address the comment in the proposed rulemaking. This
action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.

    Dated: June 14, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. Amend Sec.  52.570(c) by revising the entries for ``391-3-1-.01''
and ``391-3-1-.03'' to read as follows:

Sec.  52.570   Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Georgia Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.01.......................  Definitions..........       8/14/2016  6/29/2017, [Insert Federal Register
                                                                            citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.03.......................  Permits..............        8/9/2012  6/29/2017, [Insert Federal Register
                                                                            citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
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* * * * *

[FR Doc. 2017-13536 Filed 6-28-17; 8:45 am]
BILLING CODE 6560-50-P


Table 2b. Chronic Toxicity of Copper to Saltwater Animals Species Test Chemical Salinity ( g/ kg) Limits ( µ g/ L) Chronic Value ( µ g/ L) Chronic Value Dissolved ( µ g/ L) ACR Reference Sheepshead minnow,

Cyprinodon variegatus ELS Copper chloride 30 172 362 249 206.7 1.48 Hughes et al. 1989 44


[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55272-55273]
[FR Doc No: 2011-22866]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0099; FRL-8870-8]

Flubendiamide; Pesticide Tolerances; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: This document is being issued to correctly revise tolerance
levels, for the pesticide, flubendiamide in or on the meat and meat
byproducts of cattle, goat, hog, horse, and sheep. The tolerance levels
were inadvertently transcribed incorrectly in a final rule printed in
the Federal Register on March 23, 2011.

DATES: This final rule is effective September 7, 2011.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0099. All documents in the
docket are listed in the docket index available in http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Registration Division
(7504P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

II. What does this technical amendment do?

    In the Federal Register of March 23, 2011 (75 FR 16301) (FRL-8863-
8), EPA issued a final rule establishing new tolerances and revising
existing tolerances for residues of flubendiamide (40 CFR 180.639) on
certain food and livestock commodities. Inadvertently, a few of the
tolerance levels were transcribed incorrectly, and consequently, 40 CFR
180.639(a)(2) provides an incorrect tolerance value for the established
tolerances for cattle, meat (0.60 ppm); cattle, meat byproducts (0.08
ppm); goat, meat (0.60 ppm); goat, meat byproducts (0.08 ppm); hog,
meat (0.15 ppm); hog, meat byproducts (0.03 ppm); horse, meat (0.60
ppm); horse, meat byproducts (0.08 ppm); sheep, meat (0.60 ppm); and
sheep, meat byproducts (0.08 ppm). As supported by recalculated beef
and dairy cattle, swine, and poultry dietary burdens, and re-evaluation
of previously submitted animal feeding studies, these tolerance values
should be revised to 0.08 ppm; 0.60 ppm; 0.08 ppm; 0.60

ppm; 0.03 ppm; 0.15 ppm; 0.08 ppm; 0.60 ppm; 0.08 ppm; and 0.60 ppm,
respectively. This document is being issued to correct the tolerance
values tolerances levels that were entered incorrectly.

III. Why is this amendment issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical amendment
final without prior proposal and opportunity for comment, because this
technical amendment revises a few incorrectly transcribed tolerance
levels and does not otherwise change the original requirements of the
final rule. EPA finds that this constitutes good cause under 5 U.S.C.
553(b)(3)(B).

IV. Do any of the statutory and Executive Order reviews apply to this
action?

    This technical amendment revises a number of incorrect tolerance
levels and does not otherwise change the original requirements of the
final rule. As a technical amendment, this action is not subject to the
statutory and Executive Order review requirements. For information
about the statutory and Executive Order review requirements as they
related to the final rule, see Unit VI. in the Federal Register of
March 23, 2011 (76 FR 16301) (FRL-8863-8).

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 28, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.639(a)(2) is amended by revising the entries for cattle,
meat; cattle, meat byproducts; goat, meat; goat, meat byproducts; hog,
meat; hog, meat byproducts; horse, meat; horse, meat byproducts; sheep,
meat; and sheep, meat byproducts to read as follows:

Sec.  180.639  Flubendiamide; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                              * * * * * * *
Cattle, meat................................................        0.08
Cattle, meat byproducts.....................................        0.60

                              * * * * * * *
Goat, meat..................................................        0.08
Goat, meat byproducts.......................................        0.60

                              * * * * * * *
Hog, meat...................................................        0.03
Hog, meat byproducts........................................        0.15

                              * * * * * * *
Horse, meat.................................................        0.08
Horse, meat byproducts......................................        0.60

                              * * * * * * *
Sheep, meat.................................................        0.08
Sheep, meat byproducts......................................        0.60

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

* * * * *
[FR Doc. 2011-22866 Filed 9-6-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4554-4555]
[FR Doc No: 2015-01496]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2618-020-ME; 2660-024-ME]

Woodland Pulp LLC; Notice of Availability of Final Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the applications for new licenses for
the West Branch Project (FERC Project No. 2618) and the Forest City
Project (FERC Project No. 2660). The West Branch Project is located on
the West Branch of the St. Croix River in Penobscot, Washington, and
Hancock Counties, Maine. The Forest City Project is located on the East
Branch of the St. Croix River in Washington and Aroostook Counties,
Maine.
    Staff prepared a multi-project final environmental assessment (EA),
which

analyzes the potential environmental effects of licensing the projects,
and concludes that licensing the projects, with appropriate
environmental protective measures, would not constitute a major federal
action that would significantly affect the quality of the human
environment.
    A copy of the final EA is on file with the Commission and is
available for public inspection. The final EA may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number, excluding the last three digits, in the
docket number field, to access documents. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>. You may also register online at
http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to these or other pending
projects. For assistance, contact FERC Online Support.
    For further information, contact Amy Chang at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: January 20, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-01496 Filed 1-27-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Proposed Rules]
[Pages 35940-35942]
[FR Doc No: 2022-12737]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2022-0001]
RIN 2126-AC51

Fees for the Unified Carrier Registration Plan and Agreement

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); reopening of comment
period.

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SUMMARY: FMCSA reopens the comment period for its January 24, 2022,
NPRM concerning the fees to be collected by the Unified Carrier
Registration (UCR) Plan and Agreement for the 2023 year and subsequent
registration years. FMCSA received a request for a reopening of the
comment period from the Owner-Operator Independent Drivers Association
(OOIDA). The Agency finds it is appropriate to reopen the comment
period to provide interested parties an opportunity to review comments
OOIDA included with its request to reopen the comment period, and
certain information provided by the UCR Board in response to a request
from FMCSA, after February 23, 2022, the previous deadline for public
comments. Therefore, the Agency reopens the record for the submission
of comments for 14 days for the limited purpose of allowing comments on
the UCR Plan's response.

DATES: The comment period for the NPRM published January 24, 2022, at
87 FR 3489 is reopened for 14 days. Comments must be received on or
before June 28, 2022.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0001 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0001/document. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including information collection comments for the Office of
Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office
of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for the
NPRM (FMCSA-2022-0001), indicate the specific section of the UCR Plan's
response (FMCSA-2022-0001-0010) to which your comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so FMCSA can contact you if there
are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/document/FMCSA-2022-0001-0002, click ``Comment,'' and type your comment
into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the UCR Plan's response contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to the UCR Plan's response, it is important that you clearly
designate the submitted comments as CBI. Please mark each page of your
submission that constitutes CBI as ``PROPIN'' to indicate it contains
proprietary information. FMCSA will treat such marked submissions as
confidential under the Freedom of Information Act, and they will not be
placed in the public docket of the NPRM. Submissions containing CBI
should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation
Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE,
Washington DC 20590-0001. Any comments FMCSA receives not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2022-0001/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy

    DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL 14--Federal Docket Management System), which
can be reviewed at https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf.

II. Background

    The January 24, 2022, NPRM (87 FR 3489) requested public comment on
proposed reductions in the annual registration fees collected from
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies for the UCR Plan and Agreement for
the 2023 registration year and subsequent registration years.
    The comment period for the NPRM closed on February 23, 2022. After
that date, FMCSA contacted the UCR Plan and requested additional
information to aid Agency deliberations and decision making in response
to a comment submitted to the NPRM. The UCR Plan provided the requested
information, and FMCSA placed both its request and the UCR Plan's
response in the docket. FMCSA received a request from OOIDA

to reopen the comment period.\1\ OOIDA requested the comment period be
reopened for ``no less than 60 days'' to allow for review and comment
on the response submitted by the UCR Plan. The information submitted by
the UCR Plan is clearly related to the recommendation for an adjustment
in the fees submitted by the UCR Plan, and the comments already
received from OOIDA and others. The Agency is limiting the reopening to
14 days so that it can quickly finalize a rule adjusting UCR Plan and
Agreement fees prior to the opening of the registration period on
October 1, 2022, for the next registration year beginning on January 1,
2023. Accordingly, FMCSA reopens the comment period until June 28, 2022
for the limited purpose of receiving comments on the data and
information submitted by the UCR Plan in its response dated May 9,
2022.
---------------------------------------------------------------------------

    \1\ Available in the docket for the rulemaking at https://www.regulations.gov/document/FMCSA-2022-0001-0011.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12737 Filed 6-13-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 51032-51033]
[DOCID:fr29au08-143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58421; File No. SR-FINRA-2008-025]

Self Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change Relating to the
Adoption of NASD Rule 2790 as FINRA Rule 5130 (Restrictions on the
Purchase and Sale of Initial Public Offerings) in the Consolidated
FINRA Rulebook

August 25, 2008.

I. Introduction

    On June 12, 2008, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposal to adopt NASD Rule 2790 (Restrictions on the Purchase and Sale
of Initial Equity Public Offerings) (``Rule'') as FINRA Rule 5130 in
the consolidated FINRA rulebook, with only minor changes. This proposal
was published for comment in the Federal Register on July 16, 2008.\3\
The Commission received one comment on the proposal.\4\ This order
approves this proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 58134 (Jul. 10, 2008),
73 FR 40892 (Jul. 16, 2008) (SR-FINRA-2008-025).
    \4\ See submission via SEC WebForm from Dan Mayfield, President,
Sanderlin Securities, dated July 24, 2008.
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II. Description of the Proposed Rule Change

    As part of the process of developing the new consolidated rulebook
(the ``Consolidated FINRA Rulebook''),\5\ FINRA proposed to adopt the
Rule as FINRA Rule 5130 in the Consolidated FINRA Rulebook with only
minor changes. The Rule is designed to protect the integrity of the
initial public offering (``IPO'') process by ensuring that FINRA member
firms make bona fide public offerings of securities at the offering
price, such firms do not withhold

securities in a public offering for their own benefit or use such
securities to reward persons who are in a position to direct future
business to firms, and industry insiders, including FINRA member firms
and their associated persons, do not take advantage of their insider
position to purchase new issues for their own benefit at the expense of
public customers. Because of these controls, FINRA believes that the
Rule plays an important part in maintaining investor confidence in the
capital raising and IPO process.
---------------------------------------------------------------------------

    \5\ The current FINRA rulebook consists of two sets of rules:
(1) NASD rules and (2) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together referred to as the ``Transitional
Rulebook''). The Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''). Dual
Members also must comply with NASD rules. For more information
regarding the rulebook consolidation process, see FINRA Information
Notice March 12, 2008 (Rulebook Consolidation Process).
---------------------------------------------------------------------------

    The Rule was originally adopted in 2003, replacing NASD IM-2110-1
(the Free-Riding and Withholding Interpretation) in its entirety.\6\
The Rule was subject to extensive input from the industry and other
interested persons during a four-year rulemaking process, and FINRA
believes that there is broad support for it. The Rule provides
necessary predictability and certainty in support of capital formation.
Based on FINRA's experience, the Rule is achieving its purpose and is
significantly easier than NASD IM-2110-1 for FINRA member firms and the
investing public to understand and follow. Among other things, FINRA
has seen a significant reduction in the number of interpretive and
exemptive issues that have arisen with respect to the IPO allocation
process since the Rule became effective. There is no Incorporated NYSE
Rule equivalent to the Rule.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 48701 (October 24,
2003), 68 FR 62126 (October 31, 2003) (Order Approving File No. SR-
NASD-99-60); see also NASD Notice to Members 03-79 (December 2003)
(SEC Approves New Rule 2790 (Restrictions on the Purchase and Sale
of IPOs of Equity Securities); Replaces Free-Riding and Withholding
Interpretation).
    \7\ Incorporated NYSE Rules only apply to FINRA members who are
also members of the NYSE. All FINRA members are subject to existing
NASD rules. See Note 5, supra. Thus, the movement of a rule that
existed only the NASD rulebook but was not an Incorporated NYSE Rule
into the Consolidated FINRA Rulebook does not create any new
obligations for FINRA members.
---------------------------------------------------------------------------

    For the reasons discussed above, FINRA proposed to transfer NASD
Rule 2790 to the Consolidated FINRA Rulebook in substantially the same
form. As part of this transfer, FINRA proposed minor changes to the
Rule to reflect the registration of the NASDAQ Stock Market LLC
(``NASDAQ'') as a national securities exchange. The Rule currently
refers to the NASDAQ Global Market because at the time the Rule was
adopted, references to the listing standards of a national securities
exchange did not include NASDAQ's Global Market. Since NASDAQ completed
its registration as a national securities exchange, the references to
the NASDAQ Global Market in the Rule are no longer necessary. In
addition, FINRA proposed certain minor, technical changes to the Rule.
    FINRA represented that it would announce the effective date of the
proposed rule change in a Regulatory Notice to be published no later
than 60 days following Commission approval of the proposed rule change.

III. Summary of Comments

    The Commission received one comment letter on the proposal.\8\ The
commenter urged that FINRA amend the proposal to except FINRA members
that are not underwriters from the Rule. FINRA has considered the
comment and determined that it is not germane to the proposal in that
the comment relates to the substantive requirements of the Rule which
FINRA did not propose to change other than in minor, technical ways.
---------------------------------------------------------------------------

    \8\ See Note 4, supra.
---------------------------------------------------------------------------

IV. Discussion and Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act, and the rules
and regulations thereunder that are applicable to a national securities
association.\9\ In particular, the Commission believes that the
proposed rule change is consistent with the provisions of Section
15A(b)(6) of the Act,\10\ which requires, among other things, that
FINRA rules be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest. The Commission
notes that it has previously approved the Rule,\11\ and the proposal
merely moves the Rule nearly verbatim from the NASD rulebook to the
Consolidated FINRA Rulebook. The Commission believes that the move
proposed in this filing is primarily ministerial and only aids FINRA
members in complying with existing obligations.
---------------------------------------------------------------------------

    \9\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78o-3(b)(6).
    \11\ See Note 6, supra.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (File No. SR-FINRA-2008-025) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Florence E. Harmon,
Acting Secretary.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E8-20084 Filed 8-28-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Rules and Regulations]
[Pages 53176-53179]
[FR Doc No: 2020-16586]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 258

[EPA-R09-RCRA-2018-0568; FRL-10011-63-Region 9]

Final Determination To Approve Site Specific Flexibility for the
Cocopah Landfill

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a final
determination to approve two Site Specific Flexibility Requests (SSFRs)
from Cocopah Landfill, Inc. (CLI), a subsidiary of Republic Services,
Inc. (Republic), to close and monitor the Cocopah Landfill. The Cocopah
Landfill is located within Indian Country on the Cocopah Indian
Reservation near Somerton, Arizona and was operated by Republic and its
predecessors from the 1960's to the present. EPA is promulgating a
site-specific rule proposed on May 6, 2020, that approves an
alternative final cover and an alternative location for the storage of
facility records.

DATES: This final rule is effective on August 28, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R09-RCRA-2018-0568 at http://www.regulations.gov. Publicly

available docket materials are available electronically in http://www.regulations.gov, or via email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Steve Wall, EPA Region IX, (415) 972-
3381<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA.

Table of Contents

I. Legal Authority for This Action
II. Background
III. Basis for Final Determination
    A. Alternative Final Cover SSFR: Alternative Final Cover System
    B. Records Storage SSFR: Alternative Location for the Storage of
Facility Records
IV. Summary of Public Comments Received and Response to Comments
V. Additional Findings

I. Legal Authority for This Action

    Under sections 1008, 2002, 4004, and 4010 of the Resource
Conservation and Recovery Act of 1976 (RCRA) as amended by the
Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6901 et
seq., Congress required EPA to establish revised minimum federal
criteria for Municipal Solid Waste Landfills (MSWLFs), including
landfill location restrictions, operating standards, design standards,
and requirements for ground water monitoring, corrective action,
closure and post-closure care, and financial assurance. Under RCRA
section 4005, states are to develop permit programs for facilities that
may receive household hazardous waste or waste from conditionally
exempt small quantity generators of hazardous waste, and EPA is to
determine whether the state's program is adequate to ensure that
facilities will comply with the revised federal criteria.
    The MSWLF criteria are in the Code of Federal Regulations at 40 CFR
part 258. These regulations are prescriptive, self-implementing and
apply directly to owners and operators of MSWLFs. Many of these
criteria include a flexible performance standard as an alternative to
the prescriptive, self-implementing regulation. The flexible standard
is not self-implementing and requires approval by the Director of an
EPA-approved state MSWLF permitting program.
    However, EPA's approval of a state program generally does not
extend to Indian Country because states do not have authority over
Indian Country. For this reason, owners and operators of MSWLF units
located in Indian Country cannot take advantage of the flexibilities
available to those facilities that are within the jurisdiction of an
EPA-approved state program. However, the EPA has the authority under
sections 2002, 4004, and 4010 of RCRA to promulgate site-specific rules
to enable such owners and operators to use the flexible standards. See
Yankton Sioux Tribe v. EPA, 950 F. Supp. 1471 (D.S.D. 1996);
Backcountry Against Dumps v. EPA, 100 F.3d 147 (D.C. Cir. 1996). EPA
refers to such rules as ``Site Specific Flexibility Determinations''
and has developed draft guidance for owners and operators on preparing
a request for such a site-specific rule, entitled ``Site-Specific
Flexibility Requests for Municipal Solid Waste Landfills in Indian
Country Draft Guidance,'' EPA530-R-97-016 (August 1997) (Draft
Guidance).

II. Background

    The Cocopah Landfill is located on the Cocopah Indian Reservation
on property owned by the Cocopah Indian Tribe (Tribe) and is located
near Somerton, Arizona. The Cocopah Landfill is a commercial MSWLF
operated by Republic and its predecessors from the 1960's to the
present. Waste was last received at the site on June 30, 2000 and
interim closure construction was completed in 2003 with an interim 3-
foot-thick monolithic soil cover. The Cocopah Landfill property
encompasses an area of 192 acres of which approximately 138 acres were
used for placement of waste materials. Disposal operations were
restricted to two separate units of 105 acres and 33 acres each,
designated as the North Fill Area and the South Fill Area,
respectively. A combined total of approximately 2.5 million tons of
waste are known to have been deposited in the two disposal units.
    Between 2010 and 2016, EPA worked with the Tribe and Republic to
develop and reach agreement on an overall landfill closure plan. During
this time, EPA also reviewed the SSFRs to determine whether they met
technical and regulatory requirements. On September 5, 2017, the Tribe
submitted Republic's ``Final Closure and Post-Closure Maintenance Plan
and Site-Specific Flexibility Requests for the Cocopah Landfill''
(Final Closure Plan) to EPA, requesting that EPA take appropriate
action to ensure that the Final Closure Plan and accompanying SSFRs
satisfy EPA's requirements. EPA provided final comments on the Plan on
April 26, 2019, which Republic addressed in an updated Final Closure
Plan dated November 2019. The Final Closure Plan submitted to EPA
includes two SSFRs. The requests seek EPA approval to use an
alternative final cover meeting the performance requirements of 40 CFR
258.60(a), and approval to use an alternative location for the storage
of facility records pursuant to 40 CFR 258.29(a).

III. Basis for Final Determination

    EPA is basing its final determination to approve the SSFRs on the
Tribe's concurrence, dated September 5, 2017, on the SSFRs as included
in the Closure Plan, as well as EPA's determination that the SSFRs meet
the requirements in 40 CFR part 258, and on EPA's independent review of
the Final Closure Plan.

A. Alternative Final Cover SSFR: Alternative Final Cover System

    The regulations require the installation of a final cover system as
specified in 40 CFR 258.60(a), which consists of an infiltration layer
with a minimum of 18 inches of compacted clay with a permeability of 1
x 10-5 cm/sec, covered by an erosion layer with a minimum
six inches of topsoil. Republic sought approval for an alternative
final cover designed to satisfy the performance criteria specified in
40 CFR 258.60(b); Republic proposed an alternative cover, called an
evapotranspiration cover, which would consist of two and a half feet of
native soil to control infiltration, covered by six inches of a soil
gravel mixture to control erosion.
    EPA is basing its final determination on a number of factors,
including: (1) Research showing that the prescriptive, self-
implementing requirements for final covers, comprised of low
permeability compacted clay, do not perform well in the arid west. The
clay dries out and cracks, which allows increased infiltration along
the cracks; (2) Research showing that in arid environments thick soil
covers comprised of native soil can perform as well or better than the
prescriptive cover; and (3) Republic's analysis demonstrating, based on
site-specific climatic conditions and soil properties, that the
proposed alternative soil final cover will achieve equivalent reduction
in infiltration as the prescriptive cover design and that the proposed
erosion layer provides equivalent protection from wind and water
erosion. This analysis is provided in Appendices A, B, C and M of the
Final Closure Plan for the Cocopah Landfill dated November 2019.

B. Records Storage SSFR: Alternative Location for the Storage of
Facility Records

    The regulations at 40 CFR 258.29(a) require that the owner or
operator of a MSWLF unit must record and retain operating records at or
near the facility or at an approved alternative location. Republic does
not have administrative facilities at the Cocopah Landfill where
records can be maintained. As a result, Republic requested approval to
store all required documentation relating to the operating record of
the Cocopah Landfill at the Copper Mountain Landfill (CML), which is
Republic's closest operating facility to the Cocopah Landfill. The
address of Copper Mountain Landfill is 34853 East County 12th Street,
Wellton, Arizona 85356, which is 36 miles from the Cocopah Landfill.
    EPA is basing its final determination on factors including: (1) The
Cocopah Landfill is no longer operational, and Republic does not have
administrative facilities there; and (2) Republic's proposed
alternative records storage location, the Copper Mountain Landfill, is
only 36 miles away.

IV. Summary of Public Comments Received and Response to Comments

    EPA received no comments on the tentative determination.

V. Additional Findings

    In order to comply with the National Historic Preservation Act, 54
U.S.C. 100101 et seq., Republic will coordinate with the Tribe to
arrange for a qualified Native American monitor to be present during
any work. If buried or previously unidentified cultural resources are
encountered during project activities, all work within the vicinity of
the find will cease, and the provisions pursuant to 36 CFR 800.13(b)
will be implemented. If, during the Landfill closure activities,
previously undocumented archaeological material or human remains are
encountered, all work shall cease in the immediate area and a qualified
archaeologist shall be retained to evaluate the significance of the
find and recommend further management actions.
    Though no known threatened or endangered species or their habitat
exist on the site, a preconstruction survey will be conducted prior to
cover installation to ensure no threatened or endangered species are
present. Following closure and vegetation restoration activities, the
site may become suitable for threatened and endangered species. This
would be a beneficial effect.
    Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this rule is not of general applicability
and therefore is not a regulatory action subject to review by the
Office of Management and Budget (OMB).
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.) because it applies to a particular facility only.
    Because this rule is of particular applicability relating to a
particular facility, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4). Because this rule will affect only a
particular facility, it will not significantly or uniquely affect small
governments, as specified in Section 203 of UMRA.
    Because this rule will affect only a particular facility, this
proposed rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, ``Federalism,'' (64 FR 43255,
August 10, 1999). Thus, Executive Order 13132 does not apply to this
rule.
    This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant as defined in Executive Order 12866, and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The basis for this belief is EPA's conservative analysis of
the potential risks posed by Republic's proposal and the controls and
standards set forth in the application.
    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    As required by section three of Executive Order 12988, ``Civil
Justice Reform,'' (61 FR 4729, February 7, 1996), in issuing this rule,
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct.
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments,'' (65 FR 67249, November 9, 2000),
calls for EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' See also ``EPA Policy for the
Administration of Environmental Programs on Indian Reservations,''
(November 8, 1984) and ``EPA Policy on Consultation and Coordination
with Indian Tribes,'' (May 4, 2011). EPA consulted with the Tribe
throughout Republic's development of its Final Closure Plan for the
Cocopah Landfill.

List of Subjects in 40 CFR Part 258

    Environmental protection, Municipal landfills, Final Cover, Post-
closure Care, Groundwater Monitoring, Reporting and Recordkeeping
Requirements, Waste Treatment and Disposal, Water Pollution Control.

    Dated: July 27, 2020.
Jeffrey Scott,
Director, Land, Chemicals and Redevelopment Division, Region IX.
    For the reasons stated in the preamble, 40 CFR part 258, is amended
as follows:

PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS

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

    Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907,
6912(a), 6944, 6945(c) and 6949a(c), 6981(a).

Subpart F--Closure and Post-Closure Care

0
2. Section 258.62 is amended by adding paragraph (d) to read as
follows:

Sec.  258.62  Approval of Site-specific Flexibility Requests in Indian
Country.

* * * * *
    (d) Cocopah Municipal Solid Waste Landfill--Alternative final cover
and alternative location for the storage of facility records. This
paragraph (d) applies to the Cocopah Landfill, a Municipal Solid Waste
landfill operated by Republic on the Cocopah Indian Reservation near
Somerton, Arizona.
    (1) In accordance with Sec.  258.60(b), the owner or operator may
replace the prescriptive final cover set forth in Sec.  258.60(a), with
an alternative final cover as follows:
    (i) The owner or operator may install an evapotranspiration cover
system as an alternative final cover for the 135-acre site.
    (ii) The alternative final cover system shall be constructed to
achieve an equivalent reduction in infiltration as

the infiltration layer specified in Sec.  258.60(a)(1) and (2) and
provide an equivalent protection from wind and water erosion as the
erosion layer specified in Sec.  258.60(a)(3). Top-deck cover slopes
shall have a minimum slope of 2%. All side slopes in the South Fill
Area shall be regraded to a maximum 3 horizontal to 1 vertical (3H:1V).
The existing side slope of 2.5H:1V in the North Fill Area will remain;
however, drainage benches shall be installed on portions of the slope
where the vertical height exceeds 50 feet.
    (iii) The final cover system shall consist of a minimum three-feet-
thick multi-layer cover system comprised, from bottom to top, of:
    (A) A minimum 30-inch thick infiltration layer consisting of:
    (1) Existing intermediate cover; and
    (2) Additional cover soil from on-site sources, which, prior to
placement, shall be wetted to optimal moisture and thoroughly mixed to
near uniform condition, and the material shall then be placed in lifts
with an uncompacted thickness of six to eight inches, spread evenly and
compacted to 90 percent of the maximum dry density, and shall:
    (i) Exhibit a grain size distribution that excludes particles in
excess of three inches in diameter;
    (ii) Have a minimum fines content (percent by weight passing U.S.
No. 200 Sieve) of 12 percent for the average of ten consecutive tests;
and
    (iii) Have a grain size distribution with a minimum of six percent
finer than five microns for the average of ten consecutive tests; and
    (B) A surface erosion layer comprised of a rock/soil admixture for
top deck slopes and rock armoring for side slopes. The surface erosion
layer requirements for top-deck slopes and side slopes are detailed
below:
    (1) Top deck slope surface erosion layer requirements: The top deck
slope surface erosion layer shall be a minimum six-inch surface erosion
layer comprised of a rock/soil admixture. The top deck surface erosion
layer shall achieve the following gradation specification:
    (i) Exclude particles in excess of three inches in diameter;
    (ii) 40% to 75% passing No. 4 sieve
    (iii) 10% to 50% passing No. 40 sieve
    (iv) Less than or equal to 15% passing No. 200 sieve
    (2) Side slope surface erosion layer: The side slope surfaces
erosion layer shall consist of a 4-inch thick rock armor underlain by
an 8 ounce per square yard (oz/sy) non-woven geotextile filter fabric.
The side slope surface erosion rock armor layer shall achieve the
following gradation specification:
    (i) Exclude particles in excess of three inches in diameter;
    (ii) 10% to 40% passing No. 4 sieve
    (iii) 0% to 10% passing No. 40 sieve
    (2) In accordance with 40 CFR 258.29(a), the owner operator may
retain all required documentation relating to the operating record of
the Cocopah Landfill at the administrative offices of Copper Mountain
Landfill. The address of Copper Mountain Landfill is 34853 East County
12th Street, Wellton, Arizona 85356.
    (3) The owner or operator shall place documentation demonstrating
compliance with the provisions of this Section in the operating record.
    (4) All other applicable provisions of 40 CFR part 258 remain in
effect.

[FR Doc. 2020-16586 Filed 8-27-20; 8:45 am]
BILLING CODE 6560-50-P