[Federal Register: February 27, 2006 (Volume 71, Number 38)]
[Rules and Regulations]
[Page 9727-9736]
[DOCID:fr27fe06-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2006-0062; FRL-8038-3]

New Hampshire: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of New Hampshire has applied to EPA for Final
authorization of certain changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action.

DATES: This Final authorization will become effective on April 28, 2006
unless EPA receives adverse written comment by March 29, 2006. If EPA
receives such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R01-RCRA-2006-0062. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,

some information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard

copy at the following two locations: (i) EPA Region 1 Library, One
Congress Street--11th Floor, Boston, MA 02114-2023; Business Hours: 10
a.m.-3 p.m., Monday through Thursday; tel:<PHONE_NUMBER>; and (ii) New
Hampshire Department of Environmental Services, Public Information
Center, 29 Hazen Drive, PO Box 95, Concord, New Hampshire 03302-0095;
Business Hours: 8 a.m. to 4 p.m., Monday through Friday; tel: (603)
271-2919 or 271-2975.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2006-0062, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, to the attention of Stephen Yee.
     Mail: Stephen Yee, Hazardous Waste Unit, EPA Region 1, One
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023.
     Hand Delivery or Courier: Deliver your comments to:
Stephen Yee, Hazardous Waste Unit, Office of Ecosystem Protection, EPA
Region 1, One Congress Street, 11th Floor, (CHW), Boston, MA 02114-
2023. Such deliveries are only accepted during the Office's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Identify your comments as relating to Docket ID No.
EPA-R01-RCRA-2006-0062. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or claimed to be other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov your e-mail address

will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Stephen Yee, Hazardous Waste Unit, EPA
Region 1, One Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023,
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We have concluded that New Hampshire's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant New Hampshire
Final authorization to operate its hazardous waste program with the
changes described in the authorization application. New Hampshire has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the Hazardous and Solid Waste Amendments
of 1984 (HSWA). New Federal requirements and prohibitions imposed by
Federal regulations that EPA promulgates under the authority of HSWA
take effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement any such requirements and
prohibitions in New Hampshire, including issuing permits, until the
State is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

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

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect adverse comments
that oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule based upon this proposed rule that also
appears in today's Federal Register. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.
    If we receive adverse comments that oppose only the authorization
of a particular change to the State hazardous waste program, we will
withdraw that

part of this rule but the authorization of the program changes that the
comments do not oppose will become effective on the date specified
above. The Federal Register withdrawal document will specify which part
of the authorization will become effective, and which part is being
withdrawn.

F. What Has New Hampshire Previously Been Authorized for?

    The State of New Hampshire initially received Final authorization
on December 18, 1984, with an effective date of January 3, 1985 (49 FR
49093) to implement the RCRA hazardous waste management program.
Subsequent statutory changes and significant revisions to the New
Hampshire Hazardous Waste Management Regulations resulted in New
Hampshire's submission of a program revision application for certain
changes. The Region published an immediate final rule for these changes
and revisions on November 14, 1994 (59 FR 56397) with an effective date
of January 13, 1995.

G. What Changes Are We Authorizing With Today's Action?

    On August 31, 2005, New Hampshire submitted a final complete
program revision application, seeking authorization for their changes
in accordance with 40 CFR 271.21. In particular, New Hampshire is
seeking authorization for updated state regulations addressing most
federal requirements through June 30, 2002 and also for changes to New
Hampshire's base program for which they had been previously authorized.
Significant program revisions in this package include the Universal
Waste and the Toxicity Characteristic (TC) Rules.
    We are now making an immediate final decision, subject to
reconsideration only if we receive written comments that oppose this
action, that New Hampshire's hazardous waste program revisions satisfy
all of the requirements necessary to qualify for Final authorization.
Therefore, we grant New Hampshire Final authorization for the following
program changes:

------------------------------------------------------------------------
 Description of Federal requirement and
        checklist reference No.           Analogous State authority \1\
------------------------------------------------------------------------
Updated State Regulations
Non-HSWA Cluster VI (July 1, 1989-June
 30, 1990)
(64) Delay of Closure Period for
 Hazardous Waste Management Facilities
 (54 FR 33376-33398, 8/14/89):
    264.13(a) & (b)....................   Env-Wm 708.02(a)(2).
    264.112(d) & 113...................   Env-Wm 708.02(a)(12).
    264.142............................   Env-Wm 708.02(a)(13).
    265.13.............................   Env-Wm 707.02(a)(2).
    265.112(d) & 113...................   Env-Wm 707.02(a)(11).
    265.142............................   Env-Wm 707.02(a)(12).
    270.42, Appendix I.................   Env-Wm 353.25(b).
(67) Testing and Monitoring Activities
 (54 FR 40260-40269, 9/29/89):
    260.11(a)..........................   Env-Wm 401.06.
    261, Appendix III..................   Env-Wm 401.04.
(70) Changes to part 124 Not Accounted
 for by Present Checklists (48 FR 14146-
 14295, 4/1/83, 48 FR 30113-30115, 6/30/
 83, 53 FR 28118-28157, 7/26/88, 53 FR
 37396-37414, 9/26/88, 54 FR 246-258, 1/
 4/89):
    124.3(a) & (a)(1)..................   N/A--see Env-Wm 351.02 &
                                          353.03.
    124.3(a)(2)........................   Env-Wm 353.12 & 353.13.
    124.3(a)(3)........................   Env-Wm 353.10(e).
    124.5(a)...........................   N/A--see Env-Wm 353.26 &
                                          353.27.
    124.5(c) (1) & (3).................   N/A--see Env-Wm 353.25(b) &
                                          353.26(h)--NH does not have an
                                          exemption for minor
                                          modifications.
    124.5(d)...........................   N/A--see Env-Wm 353.27.
    124.6(d)(1)-(3)....................   N/A--see Env-Wm 353.19(b)(1)-
                                          (3).
    124.6(d)(4)........................   N/A--see Env-Wm 353.19(b)(4).
    124.10(c)(1).......................   N/A--see Env-Wm 353.21(a)(5)c
                                          & d.
    124.12(a)(2).......................   N/A--see Env-Wm 353.21(d)(2).
(72) Modification of F019 Listing (55
 FR 5340-5342, 2/14/90):
    261.32.............................   Env-Wm 402.06(a).
(73) Testing and Monitoring Activities;
 Technical Corrections (55 FR 8948-
 8950, 3/9/90):
    260.11.............................   Env-Wm 401.06.
    261, Appendix III, Tables 2 & 3....   Env-Wm 401.04.
(76) Criteria for Listing Toxic Wastes;
 Technical Amendment (55 FR 18726, 5/4/
 90):
    260.11.............................   Env-Wm 405.02(b).
HSWA Cluster I (July 1, 1984-June 30,
 1987):
(14) Dioxin Waste Listing and
 Management Standards (50 FR 1978-2006,
 1/14/85):
    261.5(e)...........................   Env-Wm 503.01(b) & 508.01--SQG
                                          acute HW not exempt.
    261.7(b)...........................   Env-WM 401.03(h).
    261.31.............................   Env-Wm 402.06--NH lists Used
                                          Oil as an F Waste.
    261.33(f)..........................   Env-Wm 402.05.
    261, Appendix III, Tables 1 & 3....  Env-Wm 401.04.
    261, Appendix VII..................   Env-Wm 402.01(c).
    261, Appendix VIII.................   Env-Wm 405.02(b) &
                                          803.03(b)(5)a.
    261, Appendix VIII--Hazardous        Env-Wm 406.02(b)(5) &
     Constituents.                        406.02(e)(1)-(3).
    261, Appendix X....................   N/A--Appendix X removed in
                                          1993.
    264.175(c) & (d)...................   Env-Wm 708.03(d)(1).
    264.194(c)(2) & 200(a).............   Env-Wm 708.03(d)(2).

    264.231............................   Env-Wm 708.03(d)(3).
    264.259............................   Env-Wm 708.03(d)(4).
    264.283............................   Env-Wm 708.03(d)(5).
    264.317............................   Env-Wm 708.03(d)(6).
    264.343(a).........................   Env-Wm 708.03(d)(7).
    265.1(d)(1)........................   Env-Wm 701.03(b).
    265.352............................   Env-Wm 707.03(g).
    265.383............................   Env-Wm 707.03(h).
    270.14(b)(7), 16(g), 17(j), 18(j),   Env-Wm 353.11(a)(9).
     20(j), & 21(j).
(17R) Hazardous Waste Exports (HSWA
 Codification Rule (50 FR 28702-28755,
 1/14/85)--This checklist has been
 superseded by Revision Checklist 31:
    262.50(d)..........................   N/A.
(17S) Exposure Information (HSWA
 Codification Rule (50 FR 28702-28755,
 1/14/85):
    270.16(a)..........................   Env-Wm 353.16(a)--NH would
                                          consider an application
                                          incomplete if it is missing
                                          the information required by
                                          270.10(j) incorporated by
                                          reference at 353.11(a)(9)
                                          provided this information is
                                          pertinent to the application.
    270.10(j)..........................   Env-Wm 353.11(a)(9).
(30) Biennial Report Correction (51 FR
 28556, 8/8/86):
    264.75(h), (i), & (j) & 265.75(h),   N/A--EPA no longer requires
     (i), & (j).                          this in this report.
(31) Exports of Hazardous Waste (51 FR
 28664-28686, 8/8/86):
    261.5(f)(3) & (g)(3)...............   N/A--NH Does not exempt
                                          generators of less than 100
                                          kgs/mo.
    261.6(a)(3)(i).....................   Env-Wm 802.02(a)(1)--NH has
                                          not adopted the reference to
                                          40 CFR 262.58. NH thus is more
                                          stringent.
    262.41(a)..........................   Env-Wm 512.02--NH requires a
                                          quarterly report--more
                                          stringent.
    262.41(a)(3), (4), & (5)...........  Env-Wm 510.03(a) &
                                          512.02(g)(3).
    262.41(b)..........................   Env-Wm 512.03.
    262, Subparts E & F................   Env-Wm 510.06 incorporates
                                          262, Subparts E & F by
                                          reference.
    262.70.............................   Env-Wm 501.02(a).
    262, Appendix......................   Env-Wm 510.03(a).
    263.20(a)..........................  Env-Wm 604.01(b) & 604.04(a)--
                                          40 CFR 262 Subpart H has not
                                          yet adopted which is an
                                          optional requirement.
    263.20(c)..........................  Env-Wm 604.04(a).
    263.20(e)(2) & (f)(2)..............  Env-Wm 604.03(b) & (c).
    263.20(g)(3).......................  Env-Wm 604.04(b)(3).
    263.20(g)(4).......................  Env-Wm 604.04(b)(4).
HSWA Cluster II (July 1, 1987-June 30,
 1990):
(48) Farmer Exemptions; Technical
 Corrections (53 FR 27164-27165, 7/19/
 88):
    262.10(b)..........................  N/A--NH does not exempt
                                          generators of less than 100
                                          kgs/mo.
    264.1(g)(4)........................  Env-Wm 701.02(a)(7).
    265.1(c)(8)........................  Env-Wm 701.02(a)(7).
    268.1(c)(5)........................  N/A--NH has not yet adopted 40
                                          CFR 268 (LDR).
    270.1(c)(2)(ii)....................  Env-Wm 351.03(d).
(68) Reportable Quantity Adjustment
 Methyl Bromide Production Wastes (54
 FR 41402-41408, 10/6/89):
    261.32.............................  Env-Wm 402.07.
    261, Appendix III..................  Env-Wm 401.04.
    261, Appendix VII..................  Env-Wm 402.01(c).
(69) Reportable Quantity Adjustment (54
 FR 50968-50979, 12/11/89):
    261.31.............................  Env-Wm 402.06.
    261, Appendix VII..................  Env-Wm 402.01(c).
    261, Appendix VIII.................  Env-Wm 803.03(b)(4)(a),
                                          405.02(b), 406.02(b)(5), &
                                          406.02(e)(1)--(3).
(74) Toxicity Characteristic Revisions
 (55 FR 11798-11877, 3/29/90 as amended
 on 6/29/90, at 55 FR 26986-26998):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Toxicity Characteristic Revisions
 as of 12/31/02, below:
(75) Listing of 1,1-Dimethylhydrazine
 Production Wastes (55 FR 18496-18506,
 5/2/90):
    261.32.............................  Env-Wm 402.07.
    261, Appendix III..................  Env-Wm 401.04.
    261, Appendix VII..................  Env-Wm 402.01(c).
(77) HSWA Codification Rule, Double
 Liners; Correction (55 FR 19262-19264,
 5/9/90):
    264.221(c).........................  Env-Wm 708.03(d)(3).
    264.301(c).........................  Env-Wm 708.03(d)(6).
RCRA Cluster I (July 1, 1990-June 30,
 1991):
(84) Toxicity Characteristic;
 Chlorofluorocarbon Refrigerants (56 FR
 5910-5915, 2/13/91):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Toxicity Characteristic Revisions
 as of 12/31/02, below:
RCRA Cluster II (July 1, 1991-June 30,
 1992):

(97) Exports of Hazardous Waste;
 Technical Correction (56 FR 43704-
 43705, 9/4/91):
    262.53(b) & 56(b)..................  Env-Wm 510.06 incorporates 262
                                          Subpart E by reference.
(99) Amendments to Interim Status
 Standards for Downgradient Ground-
 Water Monitoring Well Locations (56 FR
 66365-66369, 12/23/91):
    260.10.............................  Env-Wm 110.01(a).
    265.91(a)(3).......................  Env-Wm 707.02(a)(10).
(100) Liners and Leak Detection Systems
 for Hazardous Waste Land Disposal
 Units (57 FR 3462-3497, 1/29/92):
    260.10.............................  Env-Wm 110.01(a).
    264.15(b)(4).......................  Env-Wm 708.02(a)(4).
    264.19(a)-(d)......................  Env-Wm 708.02(a)(8).
    264.73(b)(6).......................  Env-Wm 705.01(b)(6) & (8).
    264.221(c), (d), (f), & (g)-(i),     Env-Wm 708.03(d)(3)
     222(a) & (b), 223(a), (b), & (c),    incorporates 264 Subpart K by
     226(d), 228(b)(2)-(4), 251(c),       reference.
     (d), (e), (f), & (g)-(k), 252(a) &
     (b), 253(a), (b), & (c), 254(c),
     301(c), (d), (f), & (g)-(l),
     302(a) & (b), 303(c), 304(a), (b),
     & (c), & 310(b)(3)-(6).
    265.15(b)(4) & 19(a)-(d)...........  Env-Wm 707.02(a)(4)
                                          incorporates 265.15 by
                                          reference.
    265.73(b)(6).......................  Env-Wm 705.01(b)(6) & (13).
    265.221(a), (c), (f), & (g),         Env-Wm 707.03(c) incorporates
     222(a), (b), & (c), 223(a) & (b),    265 Subpart K by reference.
     226(b), 228(b)(2)-(4), 254, 255(a)-
     (c), 259(a)-(c), 269, 301(a), (c),
     & (f)-(i), 302(a)-(d), 303(a)-(c),
     304(a)-(c), & 310(b)(3)-(6).
    270.4(a)...........................  Env-Wm 353.06(a).
    270.17(a)-(c), & 18(c) & (d).......  Env-Wm 353.11(a)(9)
    271.21(b) & (d)....................  Env-Wm 353.11(a)(9).
    270.42, Appendix I.................  Env-Wm 353.25(b).
(104) Used Oil Filter Exclusion (57 FR
 21524-21534, 5/20/92):
    264.4(b)(15).......................  Env-Wm 401.03(b)(10).
RCRA Cluster III (July 1, 1992-June 30,
 1993):
(107) Used Oil Filter Exclusion;
 Technical Corrections (57 FR 29220, 7/
 1/92):
    264.4(b)(15).......................  Env-Wm 401.03(b)(10).
(108) Toxicity Characteristic
 Revisions; Technical Corrections (57
 FR 30657-30658, 7/10/92):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Toxicity Characteristic Revisions
 as of 12/31/02, below:
(110) Coke By-Products Listings (57 FR
 37284-37306, 8/18/92):
    261.4(a)(10).......................  N/A--NH has not adopted this
                                          exclusion.
    261.32.............................  Env-Wm 402.07(a) Table 4.7.
    261, Appendix VII..................  Env-Wm 401.04.
(113) Consolidated Liability
 Requirements (53 FR 33938-33960, 9/1/
 88; 56 FR 30200, 7/1/91, 57 FR 42832-
 42844, 9/16/92):
    264.141(h), 143(f)(10) & (11),       Env-Wm 708.02(a)(13)
     147(a), (b), (f)(6), & (g)-(k), &    incorporates 264 Subpart H by
     151(b), (f), (g), (h), (i), (j),     reference.
     (k), (l), (m), & (n).
    265.141(h), 143(f)(10), 145(f)(11),  Env-Wm 707.02(a)(12)
     & 147(a), (b), (f)(6), & (g)-(k).    incorporates 265 Subpart H by
                                          reference.
(115) Chlorinated Toluenes Production
 Waste Listing (57 FR 47376-47386, 10/
 15/92):
    261.32.............................  Env-Wm 402.07.
    261, Appendix VII..................  Env-Wm 402.01(c).
(117B) Toxicity Characteristic
 Amendment (57 FR 23062-23063, 6/1/92):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Toxicity Characteristic Revisions
 as of 12/31/02, below:
(118) Liquids in Landfills II (57 FR
 54452-54461, 11/18/92):
    260.10.............................  Env-Wm 110.01(a).
    264.13(c)(3).......................  Env-Wm 708.02(a) incorporates
                                          264.13 by reference.
    264.314 & 316(b) & (c).............  Env-Wm 708.03(d)(6)
                                          incorporates 264 Subpart N by
                                          reference.
    265.13(c)(3).......................  Env-Wm 707.02(a) incorporates
                                          265.13 by reference.
    265.314(a), (b), (c), (f), & (g) &   Env-Wm 707.03(f) incorporates
     316(b) & (c).                        265 Subpart N by reference.
(119) Toxicity Characteristic Revision;
 TCLP Correction (57 FR 55114-55117, 11/
 24/92, as amended on 2/2/93 at 58 FR
 6854):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Toxicity Characteristic Revisions
 as of 12/31/02., below:
RCRA Cluster IV (July 1, 1993-June 30,
 1994):
(126) Testing and Monitoring Activities
 (58 FR 46040-46051, 8/31/93 as amended
 9/19/94, at 59 FR 47980-47982):
    260.11(a)..........................  Env-Wm 401.06.
    260.22(d)(1)(i)....................  Env-Wm 406.01(a)(2)--NH will
                                          only consider delisting
                                          petitions for federally
                                          regulated waste if it is
                                          already delisted by EPA.
    261.22(a)(1) & (2).................  Env-Wm 403.04(b)(1) & (2).
    261.24(a)..........................  Env-Wm 403.06(a) & (b).
    261, Appendix II & III.............  Env-Wm 401.04.
    261, Appendix X--remove............  ...............................

    264.190(a).........................  Env-Wm 708.03(d)(2).
    264.314(c).........................  Env-Wm 708.03(d)(6).
    265.190(a).........................  Env-Wm 707.03(b).
    265.314(d).........................  Env-Wm 707.03(f).
    268.7(a), 40(a), 41(a), & Appendix   N/A--NH has not yet adopted 40
     I & IX.                              CFR 268 (LDR).
    270.6(a)...........................  Env-Wm 401.06.
    270.19(c)(1)(iii) & (iv)...........  Env-Wm 353.11(a)(9).
    270.62(b)(2)(i)(C) & (D)...........  Env-Wm 353.05(b).
    270.66(c)(2).......................  N/A--NH has not yet adopted
                                          rules relating to Boilers and
                                          Industrial (BIF) Rules.
(128) Wastes From the Use of
 Chlorophenolic Formulations in Wood
 Surface Protection (59 FR 458-469, 1/4/
 94):
    260.11(a)..........................  Env-Wm 401.06.
    261, Appendix VIII.................  Env-Wm 803.03(b)(5)a,
                                          405.02(b), 406.02(b)(5),
                                          406.02(e)(1)-(3).
(131) Recordkeeping Instructions;
 Technical Amendment (59 FR 13891-
 13893, 3/24/94).
    264 & 265, Appendix I/Tables 1 & 2.  Env-Wm 705.01(b)(2)e & f.
(132) Wood Surface Protection;
 Correction (59 FR 28484, 6/2/94):
    260.11(a)..........................  Env-Wm 110.01(c)(124), 401.06.
(133) Letter of Credit Revision (59 FR
 29958-29960, 6/10/94):
    264.151(d) & (k)...................  Env-Wm 708.02(a)(13).
(134) Correction of Beryllium Powder
 (P015) Listing (59 FR 31551-31552, 6/
 20/94):
    261.33(e)..........................  Env-Wm 402.04(b).
    261, Appendix VIII.................  Env-Wm 803.03(b)(5)a,
                                          405.02(b), 406.02(b)(5),
                                          406.02(e)(1)--(3).
    268.42(a)/Table 2..................  N/A--NH has not yet adopted 40
                                          CFR 268 (LDR).
RCRA Cluster V (July 1, 1994-June 30,
 1995):
(139) Testing and Monitoring Activities
 Amendment I (60 FR 3089-3095, 1/13/
 95):
    260.11(a)..........................  Env-Wm 401.06.
(141) Testing and Monitoring Activities
 Amendment II (60 FR 17001-17004, 4/4/
 95):
    260.11(a)..........................  Env-Wm 401.06.
(142 A) Universal Waste: General
 Provisions, (142 B) Universal Waste
 Rule: Specific Provisions for
 Batteries, (142 C) Universal Waste:
 Specific Provisions for Pesticides,
 (142 D) Universal Waste Rule: Specific
 Provisions for Thermostats, (142 E)
 Universal Waste Rule: Petition
 Provisions to Add a New Universal
 Waste, (60 FR 25492-25551, 5/11/95):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Universal Waste Rule as of 12/31/
 02, below:
RCRA Cluster VI (July 1, 1995-June 30,
 1996):
(145) Liquids in Landfills III (60 FR
 35703-35706, 7/11/95):
    264.314(e)(2)(ii) & (iii)..........  Env-Wm 708.03(d)(6).
    265.314(f)(2)(ii) & (iii)..........  Env-Wm 707.03(f).
RCRA Cluster VII (July 1, 1996-June 30,
 1997):
(153) Conditionally Exempt Small
 Quantity Generator Disposal Options
 under Subtitle D (61 FR 34252-34278, 7/
 1/96):
    261.5(f)(3) & (g)(3)...............  N/A--NH does not exempt
                                          generators of less than 100
                                          kgs/mo.
RCRA Cluster IX (July 1, 1998-June 30,
 1999):
(176) Universal Wate Rule--Technical
 Amendments (63 FR 71225-71230, 12/24/
 98):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Universal Waste Rule as of 12/31/
 02, below:
RCRA Cluster X (July 1, 1999-June 30,
 2000):
(181) Universal Waste Rule: Specific
 Provisions for Hazardous Waste Lamps
 (64 FR 36466-36490, 7/6/99):
See SPECIAL CONSOLIDATED CHECKLIST for
 the Universal Waste Rule as of 12/31/
 02, below:
(184) Accumulation Time for Waste Water
 Treatment Sludges (65 FR 12378-12398,
 3/8/00):
    262.34(a)(4).......................  Env-Wm 509.02(2), (4), & (5);
                                          reference to 40 CFR
                                          268.7(a)(5) is not applicable
                                          since NH has not yet adopted
                                          40 CFR 268 (LDR).
    262.34(g)..........................  Env-Wm 507.02(c).
    262.34(h)..........................   N/A--NH does not allow
                                          generators who generate 1000
                                          kgs or greater of HW/mo to
                                          accumulate waste on-site for
                                          up to 270 days without a
                                          permit--NH thus is more
                                          stringent.
    262.34(i)..........................  Env-Wm 507.02(d)-(g).
RCRA Cluster XII (July 1, 2001-June 30,
 2002):
(199) Vacatur of Mineral Processing
 Spent Materials Being Reclaimed as
 Solid Wastes and TCLP Use with MGP
 Waste (67 FR 11251-11254, 3/13/02):
    261.2(c)(3) & 261.4(a)(17).........  N/A--NH has not adopted an
                                          exemption equivalent to 40 CFR
                                          261.4(a)(17).

    261.24(a)..........................  Env-Wm 401.03(b)(22)--NH is
                                          partially broader in scope in
                                          that it regulates some MGP
                                          wastes.
SPECIAL CONSOLIDATED CHECKLIST for the
 Universal Waste Rule as of December
 31, 2002:
    260.10--(RCLs 142A-D & 181)........  Env-Wm 110.01(a) & (c)(9),
                                          (37), (62), (74), (98), (130),
                                          (142), (143) & (145)--NH has
                                          added additional wastes to the
                                          definition of ``universal
                                          waste''.
    260.20(a) & 23--(RCL 142E).........  Env-Wm 210.01.
    261.5(c), (f), & (g)--(RCLs 142A &   N/A--NH does not exempt very
     153).                                small quantity generators
                                          (generators of less than 100
                                          kgs/mo).
    261.6(a)(3)(ii)-(iv)--(RCL 142B)...  NH has not deleted its
                                          exemption from its hazardous
                                          waste rules for batteries at
                                          Env-Wm 802.02(a)(2), which is
                                          comparable to the prior but
                                          now deleted federal exemption.
                                          This is acceptable because NH
                                          currently nevertheless
                                          regulates batteries under its
                                          universal waste rule. At
                                          present, NH defines
                                          ``hazardous waste rules'' as
                                          those covering its hazardous
                                          waste through Env-Wm 1000
                                          which does not include the Env-
                                          Wm 1100 universal waste rule
                                          regulations. For clarity, NH
                                          plans to remove the Env-Wm
                                          802.02(a)(2) exemption in a
                                          future State rulemaking, while
                                          simultaneously adding Env-1100
                                          to its definition of
                                          ``hazardous waste rules.''
    261.9--(RCLs 142A-D, & 181)........  Env-Wm 110.01(c)(142),
                                          351.03(i), 501.02(e),
                                          601.02(d), 701.02(a)(13),
                                          1101.01, 1101.02(a) & (c)--NH
                                          has added other waste to the
                                          definition of ``universal
                                          waste''.
    262.10(b) & (c)--(RCL 142A)........  NA--NH does not exempt very
                                          small quantity generators.
    262.10(d)-(h)--(RCLs 142A & 152)...  NH has not yet adopted the
                                          changes required by RCL 152
                                          which are optional
                                          requirements.
    262.11(d)--(RCL 142A)..............  Env-Wm 502.01 & 1102.01--NH did
                                          not adopt an analog to 40 CFR
                                          262.11(d) since that section
                                          contains a cross reference to
                                          other requirements and NH has
                                          those other requirements.
    264.1(g)(11)--(RCLs 142A-D & 181)..  Env-Wm 110.01(c)(142) &
                                          701.02(a)(13).
    265.1(c)(14)--(RCLs 142A-D & 181)..  Env-Wm 110.01(c)(142) &
                                          701.02(a)(13)--NH includes all
                                          mercury containing devices,
                                          not just thermostats, in the
                                          definition of ``universal
                                          waste''.
    266.80(a)--(RCLs 142B & 176).......  Env-Wm 809.01.
    266.80(a)/Table--(RCL 176).........  Instead of table, NH has
                                          applicability statements in
                                          Env-Wm 804.02(f), 809.01-04,
                                          and 1109.01.
    266.80(b)--(RCLs 142B & 176).......  Env-Wm 351.02, 351.02(b),
                                          701.01(a) & (c), 804.02(f),
                                          809.01 & 04, and 1109.01.
    268.1(f)--(RCLs 142A-D, 181).......  N/A--NH has not yet adopted 40
                                          CFR 268 (LDR).
    270.1(c)(2)--(RCLs 142A-D, 181)....  Env-Wm 110.01(c)(142) &
                                          351.03(i)).
    273.1(a) & (b)--(RCLs 142A-D, 181).  Env-Wm 110.01(c)(142), 1101.01,
                                          & 1101.02.
    273.2--(RCLs 142B & 181)...........  Env-Wm 110.01(c)(142), 401.01,
                                          403.01(a), 1101.01,
                                          1101.02(a), 1109.01 & 02--NH
                                          did not adopt an analog to 40
                                          CFR 273.2(b)(2) because that
                                          section's statement when
                                          hazardous materials becomes
                                          hazardous wastes is also
                                          covered in 40 CFR 261.2 & 3.
                                          NH is equivalent to 40 CFR
                                          261.2 & 3 in Env-Wm 400 & 800.
    273.3(a)-(d)--(RCLs 142C & 181)....  Env-Wm 110.01(c)(142), 401.01,
                                          1101.01(a), 1101.02, & 1110.01-
                                          03--NH did not adopt an analog
                                          to 40 CFR 273.3(b)(2)-(4) &
                                          273.3(d) because that
                                          section's statement when
                                          hazardous materials becomes
                                          hazardous wastes is also
                                          covered in 40 CFR 261.2 & 3.
                                          NH is equivalent to 40 CFR
                                          261.2 & 3 in Env-Wm 400 & 800.
    273.4(a)-(c)--(RCLs 142D & 181)....  Env-Wm 110.01(c)(142), 401.01,
                                          403.01(a), 1101.01 & .02, &
                                          1111.01 & 02.--NH did not
                                          adopt an analog to 40 CFR
                                          273.4(b) & (b)(2) because that
                                          section's statement when
                                          hazardous materials becomes
                                          hazardous wastes is also
                                          covered in 40 CFR 261.2 & 3.
                                          NH is equivalent to 40 CFR
                                          261.2 & 3 in Env-Wm 400 & 800.
    273.5(a)-(c)--(RCL 181)............  Env-Wm 110.01(c)(142), 401.01,
                                          403.01(a), 1101.01 & 02, &
                                          1112.01 & 02--NH did not adopt
                                          an analog to 40 CFR 273.5(b)
                                          because that section's
                                          statement when hazardous
                                          materials become hazardous
                                          wastes is also covered in 40
                                          CFR 261.2 & 3. NH is
                                          equivalent to 40 CFR 261.2 & 3
                                          in Env-Wm 400 & 800.
    273.6 & 7--(RCL 181)...............  N/A--40 CFR 273.6 & 7 are
                                          reserved in the federal
                                          regulations.
    261.8--(RCLs 142A & 181)...........  N/A--NH does not exempt
                                          household hazardous waste once
                                          it is collected or exempt very
                                          small quantity generators.
    273.9--(RCLs 142A-D & 181).........  Env-Wm 110.01(c)(9), (57),
                                          (74), (83), (91), (98), (130),
                                          (142)-(145), 1110.01(a)(1)(a),
                                          1110.03(a)-(d). Env-Wm
                                          1101.03(d)--a universal
                                          handler who accumulates 20,000
                                          kgs or more is defined as a
                                          very large quantity handler
                                          and must meet the additional
                                          requirements in Env-Wm 1105.
                                          NH includes all mercury
                                          containing devices, not just
                                          thermostats, as well as
                                          additional wastes in its
                                          definition of universal waste.
    273.10--(RCLs 142A & 181)..........  Env-Wm 1102.01 & 1103.01.
    273.12--(RCL 142A).................  Env-Wm 1102.02(a).
    273.12--(RCL 142A).................  Env-Wm 1103.02.

    273.13--(RCLs 142A-D & 181)........  Env-Wm 1102.03(b) & (c),
                                          1102.06, 1109.03(a)-(d),
                                          1110.04, 1111.03, &
                                          1112.03(a). Env-Wm 1102.06
                                          requires a universal waste
                                          handler to report a release to
                                          NHDES if it poses a threat to
                                          human health or the
                                          environment. Non-hazardous
                                          waste is regulated under NH
                                          Solid Waste Rules (Env-Wm 101,
                                          201-205, 301-345, & 2100-
                                          3700).--40 CFR
                                          273.13(a)(3)(ii) and
                                          (c)(3)(iii) were not adopted
                                          because the state's solid
                                          waste rules already apply to
                                          any non-hazardous waste.
    273.14--(RCLs 142A-D & 181)........  Env-Wm 1109.04, 1110.05(a),
                                          1111.04, & 1112.04.
    273.15--(RCL 142A).................  Env-Wm 1102.04.
    273.16--(RCL 142A).................  Env-Wm 1103.03.
    273.17(a) & (b)--(RCL 142A)........  Env-Wm 1102.06 NH requires a
                                          universal waste handler to
                                          report a release to DES if it
                                          poses a threat to human health
                                          or the environment.
    273.18--(RCL 142A).................  Env-Wm 1102.07--Non-hazardous
                                          waste is regulated under NH
                                          Solid Waste Rules (Env-Wm 101,
                                          201-205, 301-345, & 2100-
                                          3700)--40 CFR 273.18(h) was
                                          not adopted because the
                                          state's solid waste rules
                                          already apply to any non-
                                          hazardous waste.
    273.19--(RCL 142A).................  Env-Wm 1103.04.
    273.20--(RCL 142A).................  Env-Wm 1102.08--NH has not yet
                                          adopted RCL 152 which is an
                                          optional requirement.
    273.30--(RCLs 142A & 181)..........  Env-Wm 1104.01 & 1105.01.
    273.31--(RCL 142A).................  Env-Wm 1102.02.
    273.32(a)--(RCLs 142A & 142C)......  Env-Wm 1104.03(a) & (b),
                                          1105.03--NH requires that a
                                          universal waste handler
                                          notifies as a very large
                                          quantity handler if 20,000 kgs
                                          or more is accumulated and
                                          meet the additional
                                          requirements in Env-Wm 1105
                                          and does not exempt handlers
                                          who have already notified EPA
                                          of hazardous waste--40 CFR
                                          273.32(a)(3) was not adopted.
                                          NH is more stringent in
                                          requiring notifications.
    273.32(b)--(RCLs 142A & 181).......  Env-Wm 1104.03(b).
    273.33(a)--(RCL 142B)..............  Env-Wm 1102.03(b) & (c) &
                                          1109.03--Non-hazardous waste
                                          is regulated under NH Solid
                                          Waste Rules (Env-Wm 101, 201-
                                          205, 301-345, & 2100-3700)--40
                                          CFR 273.33(a)(3)(ii) was not
                                          adopted because the state's
                                          solid waste rules already
                                          apply to any non-hazardous
                                          waste.
    273.33(b)--(RCL 142C)..............  Env-Wm 1102.03(b) & (c),
                                          1110.04, & 1110.06--NH has
                                          additional storage
                                          requirements for pesticides.
    273.33(c)--(RCL 142D)..............  Env-Wm 1102.03(b) & (c),
                                          1111.03--Non-hazardous waste
                                          is regulated under NH Solid
                                          Waste Rules (Env-Wm 101, 201-
                                          205, 301-345, & 2100-3700)--40
                                          CFR 273.33(c)(3)(iii) was not
                                          adopted because the state's
                                          solid waste rules already
                                          apply to any non-hazardous
                                          waste.
    273.33(d)--(RCLs 142A-D & 181).....  Env-Wm 1102.03(b) & (c),
                                          1102.06, & 1112.03(a)--NH
                                          requires a universal waste
                                          handler to report a release to
                                          DES if it poses a threat to
                                          human health or the
                                          environment.
    273.34(d)--(RCLs 142A-D)...........  Env-Wm 1109.04, 1110.05,
                                          1111.04, 1112.04, 1113.04 &
                                          1114.04.
    273.34(e)--(RCL 181)...............  Env-Wm 1112.04.
    273.35(a), (b), & (c)--(RCL 142A)..  Env-Wm 1102.04.
    273.36--(RCL 142A).................  Env-Wm 1104.4 & 1105.05.
    273.37--(RCL 142A).................  Env-Wm 1102.06--NH requires a
                                          universal waste handler to
                                          report a release to DES if it
                                          poses a threat to human health
                                          or the environment.
    273.38--(RCL 142A).................  Env-Wm 1102.07--Non-hazardous
                                          waste is regulated under NH
                                          Solid Waste Rules (Env-Wm 101,
                                          201-205, 301-345, & 2100-
                                          3700)--40 CFR 273.38(h) was
                                          not adopted because the
                                          state's solid waste rules
                                          already apply to any non-
                                          hazardous waste.
    273.39--(RCL 142A).................  Env-Wm 1104.05, 1105.06, &
                                          1105.07.
    273.40--(RCL 142A).................  Env-Wm 1102.08.
    273.50--(RCLs 142 & 181)...........  Env-Wm 1106.01.
    273.51--(RCL 142A).................  Env-Wm 1106.02.
    273.52--(RCL 142A).................  Env-Wm 1106.03--40 CFR
                                          273.52(b) was not adopted
                                          because the state's solid
                                          waste rules already apply to
                                          any non-hazardous waste.
    273.53--(RCL 142A).................  Env-Wm 1106.04.
    273.54--(RCL 142A).................  Env-Wm 1106.05--NH requires a
                                          universal waste handler to
                                          report a release to DES if it
                                          poses a threat to human health
                                          or the environment.
    273.55--(RCL 142A).................  Env-Wm 1106.06.
    273.56--(RCLs 142A & 152)..........  Env-Wm 1106.07--NH has not
                                          adopted RCL 152.
    273.61--(RCL 142A).................  Env-Wm 1107.02--Non-hazardous
                                          waste is regulated under NH
                                          Solid Waste Rules (Env-Wm 101,
                                          201-205, 301-345, & 2100-
                                          3700)--40 CFR 273.61(d) was
                                          not adopted because the
                                          state's solid waste rules
                                          already apply to any non-
                                          hazardous waste.
    273.62--(RCL 142A).................  Env-Wm 1107.03.
    273.70--(RCLs 142A & 152)..........  Env-Wm 1101.02(b).
    273.80 & 81--(RCL 142E)............  Env-Wm 216.01 & 1108.01 & 02.
    SPECIAL CONSOLIDATED CHECKLIST for
     the Toxicity Characteristic
     Revisions as of December 31, 2002.

    261.3(a)(2)--(RCLs IA, 65, 109,      N/A--NH does not exempt these
     117A & 192A).                        mining waste mixtures (see Env-
                                          Wm 401.02(a)(3) &
                                          404.01(a)(2)) and has not
                                          adopted RCLs 65, 109, 117A, &
                                          192A, the noted mixture
                                          exemption, or delisting for
                                          federal wastes.
    261.3(c)(2)(i)--(RCLs IA, 8, 13,     N/A--NH had not adopted RCLs
     117A, & 192A).                       117A & 192A.
    261.3(g) & (h)--(RCL 192A).........  N/A--NH had not adopted RCL
                                          192A.
    261.4(b)(6), (9), & (10)--(RCL 74 &  Env-Wm 401.03(b)(5)--See
     108).                                Program Description for
                                          explanation, 401.03(b)(8) &
                                          (21).
    261.4(b)(11)--(RCL 80).............  N/A--extension has expired.
    261.4(b)(12)--(RCL 84).............  Env-Wm 401.03(b)(9).
    261.24--(RCL 74)...................  Env-Wm 403.06 & Table 49.
    261.30(b)--(RCL 74)................  Env-Wm 402.01(b) & (c).
    261, Appendix II--(RCLs 74 & 119)..  Env-Wm 401.04.
    264.301(d)(6) & (e)(1)--(RCL 74)...  Env-Wm 708.03(d)(6).
    265.221(d)(1)--(RCL 74)............  Env-Wm 707.03(c).
    265.273(a)--(RCL 74)...............  Env-Wm 707.03(e).
    265.301(d)(1)--(RCL 74)............  Env-Wm 707.03(f).
    268, Appendix I--(RCLs 74, 126, &    N/A--NH has not yet adopted 40
     157).                                CFR 268 (LDR).
------------------------------------------------------------------------
\1\ State of New Hampshire's Hazardous Waste Rules, effective August 1,
  2000 as amended on October 13, 2001.

    Note: In addition to the regulations listed in the tables above,
there are various previously authorized state base program
regulations to which the state has made minor changes and additions.
The EPA is also proposing to authorize these minor changes. The
final authorization of new state regulations and regulation changes
is in addition to the previous authorization of state regulations,
which remain part of the authorized program.

    The New Hampshire Base Program regulations previously authorized
were scheduled to sunset in June 1991 as mandated by State Statute RSA
541-A:17 and were readopted in January 24, 1991. The New Hampshire
Hazardous Waste Rules were readopted August 24, 1996 and were amended,
effective November 26, 1996, January 7, 2000, February 26, 2000, and
July 7, 2000, then re-adopted with amendments, effective August 1,
2000. Subsequent to the 2000 rule re-adoption, the rules were amended,
effective October 13, 2001, including the adoption of a new rule
chapter, Env-Wm 1100, Requirements for Universal Waste Management. The
base program regulations have remained federally authorized
notwithstanding their readoptions. The federally authorized program
will be those readopted state regulations along with the changes
authorized in 1994 and the changes being authorized today.

H. Where Are the Revised State Rules Different From the Federal Rules?

    The most significant differences between the proposed State rules
and the Federal rules are summarized below. It should be noted that
this summary does not describe every difference, or every detail
regarding the differences that are described. Members of the regulated
community are advised to read the complete regulations to ensure that
they understand all of the requirements with which they will need to
comply.

1. More Stringent Provisions

    There are aspects of the New Hampshire program which are more
stringent than the Federal program. All of these more stringent
requirements are, or will become, part of the federally enforceable
RCRA program when authorized by the EPA and must be complied with in
addition to the State requirements which track the minimum Federal
requirements. These more stringent requirements include the following,
which are more fully described in the Program Description:
    a. New Hampshire requires that a universal waste handler notifies
as a very large quantity handler if 20,000 kgs or more is accumulated
and that they meet the additional requirements in Env-Wm 1105. This
category is in addition to the Federal large quantity generator and
small quantity generator categories.
    b. New Hampshire's universal waste rule has additional storage
requirements for pesticides.
    c. New Hampshire allows Full Quantity Generators to accumulate F006
waste that meets certain conditions for more than 90 days (see Env-Wm
507.02(c)). However, New Hampshire's exemption is more stringent than
the analogous federal one in that even generators of between 100 and
1000 kgs may only accumulate this waste for up to 180 days instead of
270 days. (New Hampshire has not adopted rules equivalent to 40 CFR
262.34(h) and (i).)

2. Different but Equivalent Provisions

    New Hampshire also has some regulations which differ from, but have
been determined to be equivalent to, the Federal regulations. These
State regulations will become part of the Federally enforceable RCRA
program when authorized by the EPA. These different but equivalent
requirements include the following:
    a. New Hampshire's definition of ``universal waste'' includes all
the federal universal wastes, and also includes: all mercury containing
devices (not just thermostats); motor vehicle antifreeze; and cathode
ray tubes.

3. Broader in Scope

    There are also aspects of the New Hampshire program which are
broader in scope than the Federal program. The State requirements which
are broader in scope are not considered to be part of the federally
enforceable RCRA program. However, they are fully enforceable under
State law and must be complied with by sources in New Hampshire. These
broader in scope requirements include the following:
    a. New Hampshire has adopted a manufactured gas plant waste
exemption that is narrower than the Federal exemption to the toxicity
characteristic at 40 CFR 261.24(a) and thus has a program that is
partially broader in scope by including some wastes that the Federal
government would exempt. The New Hampshire exemption is limited to
manufactured gas plant contaminated media and debris that are
characteristic for benzene only and are treated in an incinerator or
thermal desorption unit.

I. Who Handles Permits After the Authorization Takes Effect?

    New Hampshire will issue permits for all the provisions for which
it is authorized and will administer the permits it issues. EPA will
continue to administer and enforce any RCRA and

HSWA (Hazardous and Solid Waste Act) permits or portions of permits
which it has issued in New Hampshire prior to the effective date of
this authorization until the State incorporates the terms and
conditions of the Federal permits into the State RCRA permits. EPA will
not issue any more new permits, or new portions of permits, for the
provisions listed in the Table above after the effective date of this
authorization. EPA will continue to implement and issue permits for any
HSWA requirements for which New Hampshire is not yet authorized.

J. What Is Codification and Is EPA Codifying New Hampshire's Hazardous
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart EE for this authorization of New
Hampshire's program until a later date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993); therefore, this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
or Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory actions under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action nevertheless will be effective 60 days after it is published,
because it is an immediate final rule.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

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

    Dated: February 9, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 06-1792 Filed 2-24-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72729-72731]
[FR Doc No: 2013-28847]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70947; File No. SR-OCC-2013-21]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Make Technical Changes to OCC's By-Laws and Rules in Connection with
the Modification of the Individual Registration Categories of the
Investment Industry Regulatory Organization of Canada

November 26, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on November 20, 2013, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which Items
have been prepared primarily by OCC. OCC has designated the proposed
rule change as constituting a ``non-controversial'' rule change under
paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which renders the
proposal was effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the rule change from
interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    This proposed rule change by The Options Clearing Corporation
(``OCC'') would make technical changes to OCC's By-Laws and Rules in
connection with the modification of the individual registration
categories of the Investment Industry Regulatory Organization of Canada
(``IIROC'') under which every Canadian clearing member or applicant
seeking to become a Canadian clearing member would be required to
employ at least one associated person registered as a Chief Financial
Officer (``CFO'') with IIROC.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements

may be examined at the places specified in Item IV below. OCC has
prepared summaries, set forth in sections (A), (B), and (C) below, of
the most significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    In connection with a change made by IIROC to its individual
registration categories, OCC is proposing to make technical changes to
its By-Laws and Rules under which every Canadian clearing member or
applicant seeking to become a Canadian clearing member would be
required to employ at least one associated person registered as the
Clearing Member's CFO. OCC's membership standards include conditions
designed to assess the overall quality and character of the personnel
of an applicant. These conditions include a requirement that at least
one associated person of the applicant be registered as a Financial and
Operations Principal (``FINOP'') with FINRA and at least two key
operations staff be full-time employees of the applicant. For Canadian
members, OCC has permitted this requirement to be satisfied where any
principal, director or officer of the firm is also registered as a
Designated Registered Options Principal (``DROP'') with the IIROC.
However, as a result of IIROC's modification of its registration
categories the DROP has supervisory authority with respect to options
transactions but no responsibilities over the books and records of the
IIROC member.
    Under IIROC's rules, the registered CFO is responsible for
monitoring the investment dealer's adherence with the financial rules
of IIROC as well as establishing and maintaining policies and
procedures related to financial requirements, which in OCC's view
equates to that of the function of FINOP under the rules for membership
standards. Accordingly, the proposed changes to Article V and Section
(a) of Rule 214 takes into account the regulatory changes made by IIROC
with respect to the DROP by requiring every Canadian clearing member or
applicant seeking to become a Canadian clearing member to employ at
least one associated person registered as the Canadian clearing
member's CFO, in place of the current requirement that at least one
employee be a Principal/Director/Officer and a DROP. OCC is also
proposing to replace outdated references in the By-Laws and Rules to
the Investment Dealers Association of Canada to IIROC, which is its
successor.\4\
---------------------------------------------------------------------------

    \4\ IIROC was established on June 1, 2008 through the
consolidation of the Investment Dealers Association of Canada and
Market Regulation Services Inc.
---------------------------------------------------------------------------

2. Statutory Basis
    OCC believes the proposed rule change is consistent with Section
17A(b)(3)(F) of the Act \5\ and the rules and regulations thereunder,
including Rules 17Ad-22(d)(1) and 17Ad-22(d)(2), because the proposed
modifications would help ensure that the By-Laws and Rules of OCC
provide for a well-founded, transparent, and enforceable legal
framework for each aspect of its activities in all relevant
jurisdictions \6\ and require participants to have robust operational
capacity to meet obligations arising from participation in the clearing
agency and to have procedures in place to monitor that participation
requirements are met on an ongoing basis.\7\ The proposed rule change
is not inconsistent with the existing rules of OCC, including any other
rules proposed to be amended.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
    \6\ 17 CFR 240.17Ad-22(d)(1).
    \7\ 17 CFR 240.17Ad-22(d)(2).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.\8\ Changes to the rules of a
clearing agency may have an impact on the participants in a clearing
agency and the markets that the clearing agency serves. This proposed
rule change affects only Canadian clearing members or applicants
seeking to become a Canadian clearing member and OCC believes that the
proposed modifications would not unfairly inhibit access to OCC's
services or disadvantage or favor any particular user in relationship
to another user because the proposed modifications are technical in
nature and designed to take into account changes in regulations
applicable to Canadian broker-dealers and would apply equally to all
Canadian clearing members.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments on the proposed rule change were not and are not
intended to be solicited with respect to the proposed rule change and
none have been received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed change does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed change has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6)(iii) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(6)(iii), OCC provided the Commission with written notice of its
intent to file the proposed rule change, along with a brief
description and the text of the proposed rule change, at least five
business days prior to the date of filing of the proposed change, or
such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    OCC has requested that the Commission waive the 30 day operative
delay contained in Rule 19b-4(f)(6)(iii) under the Act so that the
proposal may become operative immediately upon filing.\11\ The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
the proposed rule change is technical in nature and waiver of the
operative delay will help ensure that OCC's By-Laws and Rules provide
for a well-founded, transparent, and enforceable legal framework for
each aspect of its activities in all relevant jurisdictions.\12\ For
this reason, the Commission designates the proposed rule change to be
operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ Notwithstanding the foregoing, OCC has noted that
implementation of this rule change will be delayed until this rule
change is deemed certified under CFTC Regulation Sec.  40.6.
    \13\ For purposes of waiving the 30-day operative delay, the
Commission has also considered the proposed rule's impact on
efficiency competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2013-21 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OCC-2013-21. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method of submission. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Section, 100
F Street NE., Washington, DC 20549, on official business days between
the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will
be available for inspection and copying at the principal office of OCC
and on OCC's Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_13_21.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly.
    All submissions should refer to File Number SR-OCC-2013-21 and
should be submitted on or before December 24, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated Authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28847 Filed 12-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38033-38036]
[FR Doc No: 2018-16003]

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

40 CFR Parts 52 and 81

[EPA-R07-OAR-2017-0734; FRL 9981-29-Region 7]

Air Plan Approval and Air Quality Designation; MO; Redesignation
of the Missouri Portion of the St. Louis Missouri-Illinois Area to
Attainment of the 1997 Annual Standards for Fine Particulate Matter and
Approval of Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On January 5, 2018, the Environmental Protection Agency (EPA)
published in the Federal Register an advanced notice of proposed
rulemaking (ANPR) specifically requesting early input and comments on
the Agency's interpretation that air quality monitoring data from 2015-
2017 support a finding that the Missouri Portion of the St. Louis
nonattainment area attains the 1997 Annual National Ambient Air Quality
Standards (NAAQS) for fine particulate matter (PM2.5). The
notice also provided an evaluation of Missouri's 1997 Annual
PM2.5 NAAQS maintenance plan, which includes the 2008 and
2025 NOX and PM2.5 motor vehicle emission budgets
(MVEBs) and established the 2008 base year emissions inventory. EPA
received no comments on the ANPR. EPA is now taking direct final action
on three items, consistent with the ANPR. First, EPA is approving the
state's request to redesignate the Missouri portion of the St. Louis
MO-IL nonattainment area to attainment for the 1997 Annual
PM2.5 NAAQS as the monitoring values demonstrate the area
attains the standard. Second, EPA is approving the state implementation
plan (SIP) revision containing a maintenance plan for the

Missouri portion of the area including the motor vehicle emissions
budget. Third, EPA is approving Missouri's 2008 base year emissions
inventory in accordance with section 172(c)(3) of the CAA.

DATES: This direct final rule will be effective October 2, 2018,
without further notice, unless EPA receives adverse comment by
September 4, 2018. If EPA receives adverse comment, we will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0734, to 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: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving actions related to Missouri's request to
redesignate the Missouri portion of the St. Louis area to attainment
for the 1997 Annual PM2.5 standards. On September 2, 2011,
and subsequently on March 31, 2014, and on September 17, 2014,\1\
Missouri, through the Missouri Department of Natural Resources (MDNR)
submitted requests for EPA to redesignate the Missouri portion of the
St. Louis MO-IL nonattainment area to attainment for the 1997 Annual
National Ambient Air Quality Standards (NAAQS) for fine particulate
matter (PM2.5) and approve a state implementation plan (SIP)
revision containing a maintenance plan for the Missouri portion of the
area. On January 5, 2018, EPA published an Advanced Notice of Proposed
Rulemaking (ANPR) on the related actions and received no comments. See
83 FR 636. In this rulemaking action, EPA is taking direct final action
to approve the state's request. In addition, EPA is also taking direct
final action to approve Missouri's 2008 base year emissions inventory
in accordance with section 172(c)(3) of the CAA.
---------------------------------------------------------------------------

    \1\ The date of the original submission is September 2, 2011.
Missouri supplemented and revised their request on March 31, 2014,
September 17, 2014, and May 23, 2017. The May 27, 2017, letter
requested EPA to take action on the prior submission, but did not
include additional documentation. EPA considered all submissions in
reviewing this action.
---------------------------------------------------------------------------

II. Have the requirements for approval of a SIP revision been met?

    The state's submission has met the public notice requirements for
the redesignation request and maintenance plan submission in accordance
with 40 CFR 51.102. The submission also satisfied the completeness
criteria of 40 CFR part 51, appendix V. The state held a public comment
period from December 30, 2013 to February 6, 2014, and received three
comments from the EPA. A public hearing was held on January 30, 2014.

III. What action is EPA taking?

    Consistent with the strategy outlined in the ANPR, published in
January 2018, EPA is taking direct final action to approve Missouri's
request to redesignate the St. Louis bi-state nonattainment area for
the 1997 Annual PM2.5 National Ambient Air Quality Standards
and approve a state implementation plan (SIP) revision containing a
maintenance plan for the Missouri portion of the area, and officially
redesignate the area from nonattainment to attainment. EPA is also
taking direct final action on Missouri's 2008 emission inventory.
    Missouri submitted their first request to determine attainment and
redesignation on September 1, 2011. The state then supplemented and
revised their request on March 31, 2014, and on September 17, 2014. In
this direct final rule, when EPA refers to Missouri's submission, we
are referring to information provided in the 2011 and 2014 submissions
and the additional clarifying information together unless otherwise
specified.
    EPA evaluated Missouri's request and plan consistent with section
175A of the CAA and EPA's supplemental analysis that the area will
continue to maintain the 2008 ozone NAAQS following redesignation. The
Missouri counties comprising the St. Louis area are Franklin,
Jefferson, St. Charles and St. Louis. The City of St. Louis is also
part of the nonattainment area. Because we did not receive public
comments on the advanced notice of proposed rulemaking for this action,
we are publishing this as a direct final rule as we view this as a
noncontroversial action and anticipate no adverse comment. However, in
the ``Proposed Rules'' section of this Federal Register, we are
publishing a separate document that will serve as the proposed rule to
approve the SIP revision if adverse comments are received on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in any subsequent final rule based on the
proposed rule.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);

     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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).

 List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

    Dated: July 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 81 as set forth below:

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 AA--Missouri

* * * * *

0
2. Revise Sec.  52.1341 to read as follows:

Sec.  52.1341  Control strategy: Particulate.

    (a) Determination of attainment. EPA has determined, as of May 23,
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 PM2.5 NAAQS. In addition, based upon EPA's review
of the air quality data for the three-year period 2007 to 2009, the St.
Louis (MO-IL) PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS by the applicable attainment date of April 5,
2010.
    (b) Redesignation to attainment. On September 1, 2011, and on March
31, 2014 and on September 17, 2014, Missouri submitted requests to
redesignate the Missouri portion of the St. Louis MO-IL area to
attainment of the 1997 Annual PM2.5 standard. The Missouri
portion of the St. Louis MO-IL area includes Jefferson, Franklin, St.
Charles, and St. Louis Counties along with the City of St. Louis. As
part of the redesignation request, the State submitted a plan for
maintaining the 1997 Annual PM2.5 standard through 2025 in
the area as required by section 175A of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

* * * * *

0
4. Section 81.326 is amended by revising the entry for ``St. Louis MO-
IL'' in the table entitled ``Missouri--1997 Annual PM2.5
NAAQS (Primary and Secondary)'' to read as follows:

Sec.  81.326  Missouri

* * * * *

                                        Missouri-1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                        Designation \a\                      Classification
            Designated area             ------------------------------------------------------------------------
                                                  Date \1\                 Type           Date \2\       Type
----------------------------------------------------------------------------------------------------------------
St. Louis, MO-IL:
    Franklin County....................  August 3, 2018...........  Attainment          ...........  ...........
    Jefferson County...................  August 3, 2018...........  Attainment          ...........  ...........
    St. Charles County.................  August 3, 2018...........  Attainment          ...........  ...........

    St. Louis County...................  August 3, 2018...........  Attainment          ...........  ...........
    St. Louis City.....................  August 3, 2018...........  Attainment          ...........  ...........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2018-16003 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Notices]
[Page 18248]
[DOCID:fr09ap10-136]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday, April
14, 2010 at 3 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Wednesday,
April 14, 2010 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
An adjudicatory matter;
Litigation matters; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: April 6, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-8209 Filed 4-7-10; 11:15 am]
BILLING CODE 8011-01-P