[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66692-66694]
[FR Doc No: 2023-21266]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0341: FRL-11175-02-R10]

Air Plan Approval; Washington; Southwest Clean Air Agency;
Emission Standards and Controls for Sources Emitting Gasoline Vapors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Washington State Implementation Plan (SIP) for the
Southwest Clean Air Agency (SWCAA) jurisdiction as it relates to the
ozone National Ambient Air Quality Standard. This revision updates
SWCAA's requirements in the SIP for Stage I and Stage II vapor recovery
systems at gasoline dispensing facilities including: decommissioning
existing Stage II systems incompatible with onboard refueling vapor
recovery systems on or before January 1, 2023; allowing removal from
service of Stage II vapor recovery equipment compatible with onboard
refueling vapor recovery on or after January 1, 2023; and removing the
requirement for Stage II vapor recovery at new installations. The
revisions to the SIP also include, among other changes, revised
requirements for installation of enhanced conventional nozzles,
installation of low permeation hoses, and annual testing based on
facility throughput. SWCAA's submittal, in coordination with the
Washington Department of Ecology, included a demonstration that such
removal of Stage II requirements is consistent with the Clean Air Act
and EPA guidance.

DATES: This final rule is effective October 30, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2023-0341. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which 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 at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at<PHONE_NUMBER>, or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it means the EPA.

I. Background

    On June 22, 2023, SWCAA, in coordination with the Washington
Department of Ecology as the Governor's designee for revisions to the
SIP, submitted the current version of SWCAA 491 ``Emission Standards
and Controls for Sources Emitting Gasoline Vapors'' for EPA approval.
On August 10, 2023, we proposed to approve the submission (88 FR
54259). The reasons for our proposed approval are included in the
proposal and will not be restated here. The public comment period
closed on September 11, 2023. We received no comments on our proposed
action and therefore we are finalizing our action as proposed.

II. Final Action

    We have determined that SWCAA's demonstration for removal of Stage
II equipment meets Clean Air Act requirements. Therefore, we are
approving and incorporating by reference SWCAA 491 ``Emission Standards
and Controls for Sources Emitting Gasoline Vapors.'' Upon the effective
date of this action, the Washington SIP will include the following
updated sections of SWCAA 491 as they apply in the SWCAA local
jurisdiction:
     491-010 Policy and Purpose (establishing overall policy to
control emissions of air contaminants from gasoline marketing and
dispensing

facilities) (State effective March 18, 2001);
     491-015 Applicability (defining the types of operations
covered, including storage, transport, and transfer of gasoline) (State
effective March 18, 2001);
     491-020 Definitions (defining key terms used in the
regulations to control gasoline vapor emissions) (State effective
February 7, 2020);
     491-030 Registration (requiring gasoline marketing and
dispensing facilities to register annually with the local air agency)
(State effective February 7, 2020);
     491-040 Gasoline Vapor Control Requirements (requiring
vapor controls on specific types of gasoline plants, terminals, tanks
and other equipment) (State effective February 7, 2020);
     491-050 Failures, Certification, Testing and Recordkeeping
(prescribing vapor recovery system certification, leak testing,
monitoring and recordkeeping) (State effective February 7, 2020);
     491-060 Severability (stating that each section of the
gasoline vapor control regulations are severable from the others in the
event one or more are deemed invalid) (State effective March 18, 2001).
    This version of SWCAA 491 removes from the Washington SIP the
requirement for Stage II vapor recovery systems in SWCAA's jurisdiction
and adds additional VOC controls such as the installation of enhanced
conventional nozzles and low permeation hoses, as well as other
historic changes since the EPA's last approval.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are finalizing the incorporation by reference of the
Southwest Clean Air Agency regulatory provisions described in section
II of this preamble and set forth in the amendments to 40 CFR part 52
in this document. The EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov and
at the EPA Region 10 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the Clean Air Act as of the effective date of the final rule
of the EPA's approval, and will be incorporated by reference in the
next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The Southwest Clean Air Agency and the Washington Department of
Ecology did not evaluate environmental justice (EJ) considerations as
part of the SIP submittal; the Clean Air Act and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA did not perform an EJ analysis and did not consider
EJ in this action. Due to the nature of the action being taken here,
this action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of Executive Order 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 it 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).
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 27, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be

challenged later in proceedings to enforce its requirements. See
section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: September 22, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. Amend Sec.  52.2470, paragraph (c), table 8 under the heading
``Emissions Standards and Controls for Sources Emitting Gasoline
Vapors'' by revising the entries ``491-010'', ``491-015'', ``491-020'',
``491-030'', ``491-040'', ``491-050'', and ``491-060'' to read as
follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

        Table 8--Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction
  [Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy
   Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the Washington Department of
Ecology's direct jurisdiction under Chapters 173-405, 173-410, and 173-415 Washington Administrative Code (WAC);
     Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has
   jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the
                                   applicability sections of WAC 173-400-700.]
----------------------------------------------------------------------------------------------------------------
                                                           State/local
     State/local citation            Title/subject       effective date     EPA approval date      Explanations
----------------------------------------------------------------------------------------------------------------
                                     Southwest Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      Emissions Standards and Controls for Sources Emitting Gasoline Vapors
----------------------------------------------------------------------------------------------------------------
491-010......................  Policy and Purpose......         3/18/01  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-015......................  Applicability...........         3/18/01  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-020......................  Definitions.............          2/7/20  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-030......................  Registration............          2/7/20  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-040......................  Gasoline Vapor Control            2/7/20  9/28/23, [INSERT
                                Requirements.                             FEDERAL REGISTER
                                                                          CITATION].
491-050......................  Failures, Certification,          2/7/20  9/28/23, [INSERT
                                Testing and                               FEDERAL REGISTER
                                Recordkeeping.                            CITATION].
491-060......................  Severability............         3/18/01  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2023-21266 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Rules and Regulations]
[Page 26648-26650]
[DOCID:fr12my10-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0285]
RIN 1625-AA00

Safety Zones; May Fireworks Displays Within the Captain of the
Port Puget Sound Area of Responsibility (AOR)

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S Coast Guard is establishing two safety zones on the
waters of Puget Sound, WA for two fireworks displays. This action is
necessary to provide for the safety of life on navigable waters during
the fireworks displays. Entry into, transit through, mooring, or
anchoring within these zones is prohibited unless authorized by the
Captain of the Port, Puget Sound or Designated Representative.

DATES: This rule is effective from 12:01 a.m. May 14, 2010 through
11:59 p.m. May 23, 2010 unless canceled sooner by the Captain of the
Port.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0285 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0285 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Rebecca E. McCann, Waterways
Management, Sector Seattle, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is contrary to public interest to
delay the effective date of this rule. Delaying the effective date by
first publishing an NPRM would be contrary to the safety zone's
intended objectives since

immediate action is needed to protect persons and vessels against the
hazards associated with fireworks displays on navigable waters. Such
hazards include premature detonations, dangerous projectiles and
falling or burning debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    Fireworks displays are frequently held from locations on or near
the navigable waters of the United States. The potential hazards
associated with fireworks displays are a safety concern during such
events. The purpose of this rule is to promote public and maritime
safety during fireworks displays, and to protect mariners transiting
the area from the potential hazards associated with the fireworks
displays, such as the accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. This rule is
needed to ensure safety on the waterway during the scheduled events.
    This rule will restrict access to the specified waters surrounding
the fireworks events indicated in the temporary final rule. The
restriction of vessel traffic is necessary to protect life, property
and the environment.

Discussion of Rule

    The U.S. Coast Guard is establishing temporary safety zones to
allow for safe fireworks displays. A safety zone for the Viking Fest
will be enforced from 6:30 p.m. to 11:30 p.m. on May 14, 2010 at
47[deg]43[min]55[sec] N, 122[deg]39[min]08[sec] W (NAD 83) extending to
a 1000 foot radius from the launch site. A safety zone for a Private
Party fireworks display North of Meadow Point in Central Puget Sound
will be enforced from 8:30 p.m. until 11 p.m. on May 22, 2010 at
47[deg]43[min]42[sec] N, 122[deg]24[min]26[sec] W (NAD 83) extending to
a 1500 foot radius from the launch site. These safety zones do not
extend onto land.
    These events may result in a number of vessels congregating near
fireworks launching barges. These safety zones are needed to protect
watercraft and their occupants from safety hazards associated with
fireworks displays. The Captain of the Port, Puget Sound may be
assisted by other federal and local agencies in the enforcement of
these safety zones. Vessels will be allowed to transit the waters of
the Puget Sound outside the safety zones. Notification of the temporary
safety zones will be provided to the public via marine information
broadcasts.
    Entry into these zones by all vessel operators or persons will be
prohibited unless authorized by the Captain of the Port or Designated
Representative. The Captain of the Port may be assisted by other
federal, state, or local agencies as needed.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this rule will restrict access
to the areas, the effect of this rule will not be significant because:
(1) The safety zones will be in effect for a limited duration of time,
(ii) the safety zones are limited in size, and (iii) vessels may be
granted permission to transit the area by the Captain of the Port or a
designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This temporary rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the specified waters of Puget Sound while this
rule is enforced. These safety zones will not have significant economic
impact on a substantial number of small entities for the following
reasons. This temporary rule will be in effect for short periods of
time, when vessel traffic volume is low and is comprised of mostly
small pleasure craft. If safe to do so, traffic will be allowed to pass
through these safety zones with the permission of the Captain of the
Port or Designated Representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule establishes temporary safety zones to
protect the public from dangers associated with fireworks displays.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbor, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. Add Sec.  165.T13-140 to read as follows:

Sec.  165.T13-140  Safety Zones; May Fireworks displays within the
Captain of the Port Puget Sound Area of Responsibility (AOR)

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Viking Fest, Liberty Bay, WA
    (i) Location. Liberty Bay, WA extending out to a 1000 foot radius
from the launch site at 47[deg]43[min]55[sec] N 122[deg]39[min]08[sec]
W.
    (ii) Enforcement. 6:30 p.m. until 11:30 p.m. on May 14, 2010.
    (2) Private Party, North of Meadowpoint in Central Puget Sound, WA
    (i) Location. Two miles north of Meadowpoint in Central Puget
Sound, WA extending out to 1500 foot radius from the launch site at
47[deg]43[min]42[sec] N 122[deg]24[min]26[sec] W.
    (i) Enforcement. 8:30 p.m. until 11 p.m. on May 22, 2010.
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel operator may enter, transit, moor,
or anchor within these safety zones, except for vessels authorized by
the Captain of the Port or Designated Representative.
    (c) Authorization. All vessel operators who desire to enter these
safety zones must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Seattle Joint
Harbor Operations Center (JHOC) via telephone at<PHONE_NUMBER>.
    (d) Effective Period. This rule is effective from 12:01 a.m. May
14, 2010 through 11:59 p.m. May 23, 2010 unless canceled sooner by the
Captain of the Port.

    Dated: April 15, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-11300 Filed 5-11-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Rules and Regulations]
[Page 25079-25085]
[DOCID:fr28ap06-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R07-RCRA-2006-0026; FRL-8163-4]

Missouri: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Missouri has applied to EPA for Final authorization of the
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.
EPA is publishing this rule to authorize the changes without a prior
proposal because EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments that oppose this authorization during the comment period, the
decision to authorize Missouri's changes to its hazardous waste program
will take effect.

DATES: This Final authorization will become effective on June 27, 2006
unless EPA receives adverse written comment by May 30, 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: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2006-0026, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Lisa Haugen, Environmental Protection Agency, RCRA
Enforcement and State Programs Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
    5. Hand Delivery or Courier. Deliver your comments to Lisa Haugen,
Environmental Protection Agency, RCRA Enforcement and State Programs
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2006-0026. 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 other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail information that you consider to be CBI

or otherwise protected. 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.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., 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 in http://www.regulations.gov
 or in hard copy at the Environmental Protection

Agency, RCRA Enforcement and State Programs Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The Regional Office's official hours
of business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Lisa Haugen, EPA Region 7, ARTD/RESP,
901 North 5th Street, Kansas City, Kansas 66101,<PHONE_NUMBER>, or by
e-mail at<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, a State must
change its program 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, the State must change its program 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 Has EPA Made in This Rule?

    EPA concludes that Missouri's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, EPA grants Missouri Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Missouri has responsibility for
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within
its borders (except in Indian Country) 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 those
requirements and prohibitions in Missouri including issuing permits,
until the State is granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

    The effect of this decision is that a facility in Missouri 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. Missouri has enforcement responsibilities under its State
hazardous waste program for violations of such program, but EPA retains
its authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses or
reports;
     Enforce RCRA requirements and suspend or revoke permits.
    This action does not impose additional requirements on the
regulated community because the regulations for which Missouri is being
authorized by today's action are already effective, and are not changed
by today's action.

D. Why Wasn't There a Proposed Rule Published Before This Rule?

    EPA did not publish a proposal before today's rule because EPA
views this as a routine program change and does not expect comments
that oppose this approval. EPA is providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register EPA is 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, EPA 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 this Immediate
Final Rule. EPA will then address all public comments in a later final
rule. If you want to comment on this authorization, you must do so at
this time.
    If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA 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 Missouri Previously Been Authorized For?

    On November 20, 1985, EPA published a Federal Register document
announcing its decision to grant final authorization for the RCRA base
program to the State of Missouri which became effective December 12,
1985 (50 FR 47740). Missouri received authorization for revisions to
its program as follows: February 27, 1989, effective April 28, 1989 (54
FR 8190); January 11, 1993, effective March 12, 1993 (58 FR 3497); and
on May 30, 1997, effective July 29, 1997 (62 FR 29301). On January 7,
1998, (63 FR 683) a correction was made to the May 30, 1997, (62 FR
29301) document to correct the effective date of the rule to be
consistent with sections 801 and 808 of the Congressional Review Act,
enacted as part of the Small Business Regulatory Enforcement Fairness
Act. Additionally, the State adopted and applied for interim
authorization for the corrective action portion of the HSWA
Codification Rule (July 15, 1985, 50 FR 28702). For a full discussion
of the HSWA Codification Rule, the reader is referred to the Federal
Register cited above. The State was granted interim authorization for
the corrective action portion of the HSWA Codification Rule on February
23, 1994, effective April 25, 1994 (50 FR 8544). Final authorization
for corrective action was granted on May 4, 1999, effective July 5,
1999 (64 FR 23740). Missouri received authorization for further
revisions to its program on February 28, 2000, effective April 28, 2000
(65 FR 10405); and on October 1, 2001, effective November 30, 2001 (66
FR 49841).

G. What Changes Is EPA Authorizing With This Action?

    On June 22, 2005, Missouri submitted a final complete program
revision application, seeking authorization of its changes in
accordance with 40 CFR 271.21. EPA now makes an immediate final
decision, subject to receipt of written comments that oppose this
action, that Missouri's hazardous waste program revision satisfies all
of the requirements necessary to qualify for Final authorization.
Therefore, EPA grants Missouri Final authorization for the following
program changes:

------------------------------------------------------------------------
                                                       Analogous state
                                                     authority title 10,
                                                    division 25, code of
   Description of federal       Federal Register      state regulations
    requirement  (include     date and page  (and/   (10 CSR 25, unless
   checklist , if      or RCRA statutory     otherwise noted),
          relevant)                authority)        Rules of Department
                                                    of Natural Resources
                                                     [as amended through
                                                      August 30, 2002]
------------------------------------------------------------------------
Organic Air Emission          59 FR 62896-62953     10 CSR 10-
 Standards for Tanks,          December 6,1994; 60   6.070(1)(A) & 10
 Surface Impoundments, and     FR 26828-26829 May    CSR 25-3.260(1)(A);
 Containers--Checklists 154,   19, 1995; 60 FR       25-3.260(1);
 163 and 177).                 50426-50430           4.261(1); 5.262(1);
                               September 29, 1995;   7.264(1); 7.265(1);
                               60 FR 56952-56954     7.270(1).
                               November 13, 1995;
                               61 FR 4903-4916
                               February 9, 1996;
                               61 FR 28508-28511
                               June 5, 1996; 61 FR
                               59932-59997
                               November 25, 1996;
                               62 FR 64636-64671
                               December 8, 1997;
                               and 64 FR 3382
                               January 21, 1999.
Standards for Generators of   53 FR 45089-45093     10 CSR 25-5.262(1).
 Hazardous Waste--Checklist    November 8, 1988.
 58.
Exports of Hazardous Waste;   56 FR 43704-43705     10 CSR 25-5.262(1).
 Technical Correction--        September 4, 1991.
 Checklist 97.
Recycled Coke By-Product      57 FR 27880-27888     10 CSR 25-4.261(1);
 Exclusion--Checklist 105.     June 22, 1992.        7.266(1).

Land Disposal Restrictions    57 FR 37194-37282;    10 CSR 25-3.260(1);
 for Newly Listed Wastes and   57 FR 39275; 57 FR    4.261(1); 5.262(1);
 Hazardous Debris--Checklist   41173 August 18,      7.264(1); 7.265(1);
 109.                          1992.                 7.268(1); 7.270(1).
Coke By-Products Listings--   57 FR 37284-37306     10 CSR 25-4.261(1).
 Checklist 110.                August 18, 1992.
Boilers and Industrial        58 FR 38816-38884     10 CSR 25-3.260(1);
 Furnaces; Changes for         July 20, 1993.        7.266(1).
 Consistency with New Air
 Regulations--Checklist 125.
Testing and Monitoring        58 FR 46040-46051     10 CSR 25-3.260(1);
 Activities--Checklist 126.    August 31, 1993; 59   4.261(1); 7.264(1);
                               FR 47980-47982        7.265(1); 7.268(1);
                               September 19, 1994.   7.270(1).
Land Disposal Restrictions    61 FR 15566-15660;    10 CSR 25-7.268(1).
 Phase III--Decharacterized    61 FR 15660-15668
 Wastewaters, Carbamate        April 8, 1996; 61
 Wastes, and Spent             FR 19117 April 30,
 Potliners--Checklist 151.     1996; 61 FR 33680-
                               33691 June 28,
                               1996; 61 FR 36419-
                               36421 July 10,
                               1996; 61 FR 43924-
                               43931 August 26,
                               1996; 62 FR 7502-
                               7600 February 19,
                               1997.
Military Munitions Rule--     62 FR 6622-6657       10 CSR 25-3.260(1);
 Checklist 156.                February 12, 1997.    4.261(1); 5.262(1);
                                                     6.263(1); 7.264(1);
                                                     7.265(1); 7.266(1);
                                                     7.266(2)(M)1-2;
                                                     7.270(1).
Land Disposal Restrictions--  62 FR 25998-26040     10 CSR 25-4.261(1);
 Phase IV--Checklist 157.      May 12, 1997.         7.268(1).
Land Disposal Restrictions--  62 FR 37694-37699     10 CSR 25-7.268(1).
 Phase III--Emergency          July 14, 1997.
 Extension of the K088
 National Capacity Variance,
 Amendment--Checklist 160.
Emergency Revision of the     62 FR 45568-45573     10 CSR 25-7.268(1).
 Carbamate Land Disposal       August 28, 1997.
 Restrictions--Checklist 161.
Clarification of Standards    62 FR 64504-64509     10 CSR 25-7.268(1);
 for Hazardous Waste LDR       December 5, 1997.     7.268(2)(D)4
 Treatment Variances--
 Checklist 162.
Land Disposal Restrictions    63 FR 28556-28753     10 CSR 25-7.268(1).
 Phase IV--Treatment           May 26, 1998; 63 FR
 Standards for Metal Wastes    31266 June 8, 1998.
 and Mineral Processing
 Wastes--Checklist 167A.
Land Disposal Restrictions    63 FR 28556-28753     10 CSR 25-7.268(1).
 Phase IV--Hazardous Soils     May 26, 1998; 63 FR
 Treatment Standards and       31266 June 8, 1998.
 Exclusions--Checklist 167B.
Land Disposal Restrictions    63 FR 28556-28753     10 CSR 25-7.268(1).
 Phase IV--Corrections--       May 26, 1998; 63 FR
 Checklist 167C.               31266 June 8, 1998.
Mineral Processing Secondary  63 FR 28556-28753     10 CSR 25-4.261(1).
 Materials Exclusion--         May 26, 1998; 63 FR
 Checklist 167D.               31266 June 8, 1998.
Bevill Exclusion Revisions    63 FR 28556-28753     10 CSR 25-4.261(1).
 and Clarification--           May 26, 1998; 63 FR
 Checklist 167E.               31266 June 8, 1998.
Hazardous Waste Combustors    63 FR 33782-33829     10 CSR 7.270(1).
 Revised Standards--           June 19, 1998.
 Checklist 168.
Petroleum Refining Process    63 FR 42110-42189     10 CSR 25-4.261(1);
 Wastes--Checklist 169.        August 6, 1998; 63    7.266(1); 7.268(1).
                               FR 54356-54357
                               October 9, 1998.
Land Disposal Restrictions    63 FR 46332-46334     10 CSR 25-7.268(1).
 Phase IV--Zinc                August 31, 1998.
 Micronutrient Fertilizers,
 Administrative Stay--
 Checklist 170.
Emergency Revision of the     63 FR 47410-47418     10 CSR 25-7.268(1).
 Land Disposal Restrictions    September 4, 1998.
 Treatment Standards for
 Listed Hazardous Wastes
 from Carbamate Production--
 Checklist 171.
Land Disposal Restrictions    63 FR 48124-48127     10 CSR 25-7.268(1).
 Phase IV--Extension of        September 9, 1998.
 Compliance Date for
 Characteristic Slags--
 Checklist 172.
Land Disposal Restrictions--  63 FR 51254-51267     10 CSR 25-7.268(1).
 Treatment Standards for       September 24, 1998.
 Spent Potliners from
 Primary Aluminum Reduction
 (K088); Final Rule--
 Checklist 173.
Post-Closure Requirements     63 FR 56710-56735     10 CSR 25-7.264(1);
 and Closure Process--         October 22, 1998.     7.265(1); 7.270(1).
 Checklist 174.
HWIR-Media--Checklist 175...  63 FR 65874-65947     10 CSR 25-3.260(1);
                               November 30, 1998.    4.261(1); 7.264(1);
                                                     7.265(1); 7.268(1);
                                                     7.270(1).
Petroleum Refining Process    64 FR 6806 February   10 CSR 25-4.261(1).
 Wastes--Leachate Exemption--  11, 1999.
 Checklist 178.
Land Disposal Restrictions    64 FR 25408-25417     10 CSR 25-4.261(1);
 Phase IV--Technical           May 11, 1999.         5.262(1); 7.268(1).
 Corrections and
 Clarifications to Treatment
 Standards--Checklist 179.
Test Procedures for the       64 FR 26315-26327     10 CSR 25-3.260(1).
 Analysis of Oil and Grease    May 14, 1999.
 and Non-Polar Material--
 Checklist 180.

Hazardous Air Pollutant       64 FR 52828-53077     10 CSR 25-260(1);
 Standards for Combustors,     September 30, 1999;   4.261(1); 7.264(1);
 Miscellaneous Units, and      64 FR 63209-63213     7.265(1); 7.266(1);
 Secondary Lead Smelters;      November 19, 1999.    7.270(1).
 Clarification of BIF
 Requirements; Technical
 Correction to Fast-track
 Rule--Checklist 182.
Land Disposal Restrictions    64 FR 56469-56472     10 CSR 25-4.261(1);
 Phase IV--Technical           October 20, 1999.     5.262(1); 7.268(1).
 Corrections--Checklist 183.
Accumulation Time for Waste   65 FR 12378-12398     10 CSR 25-5.262(1).
 Water Treatment Sludges--     March 8, 2000.
 Checklist 184.
Vacatur of Organobromine      65 FR 14472-14475     10 CSR 25-5.262(1);
 Production Waste Listings--   March 17, 2000.       7.268(1).
 Checklist 185.
Petroleum Refining Process    65 FR 36365-36367     10 CSR 25-4.261(1);
 Wastes--Clarification--Chec   June 8, 2000.         7.268(1).
 klist 187.
------------------------------------------------------------------------

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

    The following differences between the Federal Rules and the State
Rules have been deemed equivalent:
     10 CSR 25-3.260(1)(A): Missouri replaces all Federal
internal references with references to its own analogs. Missouri
incorporates by reference 40 CFR part 60, including Appendix A, within
its air emission regulations at 10 CSR 10-6.070(1)(A). Therefore, the
state is equivalent to the Federal regulations.
     10 CSR 25-5.262(2)(C)4.: Missouri has not adopted the
Federal provision at 40 CFR 262.34(a)(1)(iii) which was introduced by
the Wood Preserving Rule (Checklist 82). Checklist 109 merely made
minor typographical changes to this provision due to the insertion of
262.34(a)(1)(iv), which addresses containment buildings. Not adopting
262.34(a)(1)(iii) does not affect the State's provisions for Revision
Checklist 109.
     10 CSR 25-7.266(2)(M)1. and (M)2.: Missouri has
substituted the oral and written notification of the director in 40 CFR
266.203(a)(1) with the notification of the ``department's emergency
response coordinator'' in the event of a loss or theft of waste
military munitions. This change satisfies the intent of the section;
therefore the state section is equivalent to the Federal.
    EPA considers the following State requirements to be more stringent
than the Federal requirements:
     10 CSR 25-3.260(2)(C): Missouri does not incorporate by
reference the Federal provision on Rulemaking Petitions found at 40 CFR
part 260, subpart C. The State requires the petitioner to seek
delisting from the Federal EPA after which Missouri may choose to allow
the waste delisting to be implemented for the State program. If the
State fails to take action within a sixty day window, the delisting is
``deemed approved.'' The modification is more stringent only in those
cases where the State decides not to approve the federal EPA approved
delisting. In those cases where the department either approves the
delisting or fails to take any action, the modification is equivalent.
     10 CSR 25-4.261(2)(A)9: Missouri does not incorporate 40
CFR 261.4(a)(16) by reference. This section of the federal regulations
excludes comparable fuels and comparable syn/gas fuels in the
definition of solid waste. The state's omission of 40 CFR 261.4(a)(16)
makes the state more stringent because the syn/gas fuel provisions are
considered by EPA to reduce the stringency of the Federal program.
     10 CSR 25-4.261(2)(D)4: Missouri does not incorporate 40
CFR 261.38 by reference. This section of the Federal regulations
includes requirements that syn/gas fuel generators must meet so as not
to be fully regulated as hazardous waste generators. The omission of 40
CFR 261.38 from the state regulations makes the state more stringent
because the syn/gas fuel provisions are considered by EPA to reduce the
stringency of the Federal program.
     10 CSR 25-5.262(2)(C)6: Missouri modifies its
incorporation by reference of 40 CFR 262.34(d)(2) by requiring that all
generators regardless of quantity generated, including conditionally
exempt small quantity generators and small quantity generators, meet
the special requirements for ignitable or reactive waste set forth in
40 CFR 265.176 (incorporated by reference at 10 CSR 25-7.265). Because
the State requires the entire group of generators to follow the special
requirements, the State provision is more stringent.
     10 CSR 25-7.266(2)(H)1: Missouri does not incorporate by
reference the exemption from regulation of used oil burned for
emergency recovery that is a hazardous waste solely because it is a
characteristic hazardous waste under 40 CFR part 261, subpart C. The
Federal program regulates this waste under the Used Oil requirements
found at 40 CFR part 279; however, Missouri includes this as hazardous
waste and subjects it to the more stringent requirements of part 266.
     10 CSR 25-7.268(2)(B): Missouri does not incorporate 40
CFR 268.14(a)-(c) by reference and, as a result, is more stringent
because the state does not allow exemptions that the Federal program
added with Revision Checklist 109. Missouri does not allow otherwise
prohibited wastes to be placed in surface impoundments as allowed by
the Federal program through these exemptions.
     10 CSR 25-7.270(2)(D)6: Missouri does not incorporate by
reference 40 CFR 270.42(j)(1) and (2), which address permit
modification requirements under 40 CFR 63.1211. Because the State does
not substitute its own requirements for the notification and approval
processes, the state provision is more stringent than the Federal
regulations because this provision is considered by EPA to reduce the
stringency of the Federal program. EPA added these provisions to help
assure that permitted facilities are able to meet the MACT standards
within three years.
    These requirements are part of Missouri's authorized program and
are federally enforceable.
    EPA also considers the following State requirement to go beyond the
scope of the Federal program:
     10 CSR 25-7.266(2)(H)2: Missouri adds language to the end
of 40 CFR 266.100(d) which is the Federal provision on the conditional
exemption of facilities that process hazardous waste solely for metal
recovery. The state requires these facilities to be

subject to the Hazardous Waste Resource Recovery Processes regulations
at 10 CSR 25-9.020. Because there are no analogous provisions in the
Federal program, the State is broader in scope than the Federal
program.
    Broader-in-scope requirements are not part of the authorized
program and EPA can not enforce them. However, although these
provisions are not requirements under RCRA, they remain effective as
state law.

I. Renumbering of Previously Authorized Provisions

    The following table includes a list of Missouri provisions which
were previously authorized, and have since been renumbered. In most
instances, the State simply renumbered the provisions while making very
minor changes, if any, to the provisions themselves. EPA had determined
that the minor changes do not require the provisions to be re-
authorized.

------------------------------------------------------------------------
                                 Previous state
                              citation as found in
  Current state citation as    title 10, Division
 found in Title 10, Division    25, Code of State
      25, Code of State            Regulations          Noted changes
  Regulations  [as amended     [effective December
  through August 30, 2002]      31, 1990, unless
                                otherwise noted]
------------------------------------------------------------------------
25-3.260(1)(A)18............  25-3.260(1)(A)16....  N/A.
25-3.260(1)(A)19............  25-3.260(1)(A)17....  N/A.
25-3.260(1)(A)20............  25-3.260(1)(A)18....  N/A.
25-3.260(1)(A)21............  25-3.260(1)(A)19....  N/A.
25-3.260(1)(A)22............  25-3.260(1)(A)20....  N/A.
25-3.260(1)(A)23............  25-3.260(1)(A)21....  N/A.
25-3.260(1)(A)24............  25-3.260(1)(A)22....  N/A.
25-3.260(1)(A)25............  25-3.260(1)(A)23....  N/A.
25-3.260(1)(A)26............  26-3.260(1)(A)24....  State substituted
                                                     ``regulation'' for
                                                     ``rule''.
25-3.260(1)(A)27............  26-3.260(1)(A)25....  N/A.
25-3.260(2)(A)1-(A)1.C......  25-3.260(1)(B)-(1)(B  At 25-
                               )3.                   3.260(2)(A)1.A.,
                                                     Missouri removed
                                                     ``this'' prior to
                                                     ``subsection
                                                     (1)(B).''.
25-3.260(2)(C)..............  25-3.260(1)(C),       N/A.
                               effective March 5,
                               1999.
25-3.260(2)(D)..............  25-3.260(1)(D)......  N/A.
25-3.260(3)(A)-(A)3.........  25-3.260(2)(A)-(A)3.  N/A.
25-3.260(3)(C)-(H)3.........  25-3.260(2)(C)-(H)3.  Slight wording
                                                     changes.
25-3.260(3)(H)5.............  25-3.260(2)(H)4.....  N/A.
25-3.260(3)(I) and 25-        25-3.260(2)(I) and    N/A.
 3.260(3)(I)1.                 25-3.260(2)(I)1.
25-3.260(3)(J)-(M)2.........  25-3.260(2)(J)-(M)2.  N/A.
25-3.260(3)(M)4.............  25-3.260(2)(M)3.....  Punctuation change.
25-3.260(3)(O)-(O)2.........  25-3.260(2)(O)-(O)2.  Slight wording
                                                     changes.
25-3.260(3)(O)4.............  25-3.260(2)(O)3.....  State substituted
                                                     ``regulations'' for
                                                     ``rules''.
25-3.260(3)(P) and (P)2.....  25-3.260(2)(P) and    N/A.
                               (P)1.
25-3.260(3)(R)-(R)6.........  25-3.260(2)(R)-(R)6.  N/A.
25-3.260(3)(R)8-(T)1........  25-3.260(2)(R)8-(T)1  Slight wording
                                                     changes.
25-3.260(3)(T)3 and (T)4....  25-3.260(2)(T)2 and   Slight wording
                               (T)3.                 changes.
25-3.260(3)(U) introduction.  25-3.260(2)(U)......  N/A.
25-3.260(3)(U)3.............  25-3.260(2)(U)1.....  N/A.
25-3.260(3)(V) introduction.  25-3.260(2)(V)......  N/A.
25-3.260(3)(V)2.............  25-3.260(2)(V)2.....  N/A.
25-3.260(3)(W)-(W)2.........  25-3.260(2)(W)-(W)2.  N/A.
25-4.261(2)(A)3.............  25-4.261(2)(A)2.....  N/A.
25-4.261(2)(A)5.............  25-4.261(2)(A)4.....  N/A.
25-4.261(2)(A)7.............  25-4.261(2)(A)5.....  Punctuation change.
25-4.261(2)(A)11............  25-4.261(2)(A)6.....  Slight wording
                                                     changes.
25-4.261(2)(A)12............  25-4.261(2)(A)7.....  N/A.
25-4.261(2)(A)12.A.-12.B....  25-4.261(2)(A)7.A.-7  N/A.
                               .B..
25-4.261(2)(A)13............  25-4.261(2)(A)8,      N/A.
                               effective March 31,
                               1996.
25-4.261(2)(A)17............  25-4.261(2)(A)9.....  N/A.
25-5.262(2)(C)5-7...........  25-5.262(2)(C)4-6...  N/A.
25-5.262(2)(I)..............  25-5.262(2)(H)......  Punctuation change
25-5.262(2)(J)..............  25-5.262(2)(I)......  N/A.
25-6.263(2)(A)3-3.E.........  25-6.263(2)(A)3-3.C.  Slight wording
                                                     changes.
25-6.263(2)(B)1, except       25-6.263(2)(B)1,      N/A.
 (B)1.A.(II).                  except (B)1.A., 3rd
                               sentence, effective
                               March 31, 1996.
25-7.264(2)(B)3.............  25-7.264(2)(B)4.....  N/A.
25-7.264(2)(E)2 introduction  25-7.264(2)(E)3       N/A.
                               introduction.
25-7.264(2)(E)2.A...........  25-7.264(2)(E)3.A...  N/A.
25-7.264(2)(E)2.B. and 2.C..  25-7.264(2)(E)3.B.    N/A.
                               and 3.C..
25-7.264(2)(E)2.D...........  25-7.264(2)(E)3-3.E.  N/A.
25-764(2)(E)2.E.............  25-7.264(2)(E)3.E...  N/A.
25-7.264(2)(E)3-3.C.(VI)....  25-7.264(2)(E)4-4.C.  N/A.
                               (VI).
25-7.264(2)(F)4               25-7.264(2)(F)5       N/A.
 introduction, 4.A. and        introduction, 5.A.
 4.A.(I).                      and 5.A.(I).
25-7.264(2)(F)4.B.            25-7.264(2)(F)5       N/A.
 introduction-4.B.(I).         introduction-
                               5.B.(I).
25-7.264(2)(F)4.B.(III).....  25-7.264(2)(F)5.B.(V  N/A.
                               II).
25-7.264(2)(F)5.............  25-7.264(2)(F)6.....  N/A.
25-7.264(2)(G)2-4...........  25-7.264(2)(G)3-5...  N/A.
25-7.264(2)(J)3-4...........  25-7.264(2)(J)2-3...  N/A.
25-7.264(2)(L) introduction.  25-7.264(2)(L),       N/A.
                               first sentence.
25-7.264(2)(L)1.............  25-7.264(2)(L),       N/A.
                               second sentence.
25-7.264(2)(N)2.B.-G........  25-7.264(2)(N)2.A.,   N/A.
                               effective March 5,
                               1999.

25-7.264(2)(N)2.J.-N........  25-7.264(2)(N)2.B.-F  N/A.
                               ..
25-7.265(2)(E)1-3.D.........  25-7.265(2)(E)1.....  N/A.
25-7.265(2)(G)1.............  25-7.265(2)(G)2.....  N/A.
25-7.265(2)(G)2-(G)4........  25-7.265(2)(G)3-(G)5  N/A.
25-7.265(2)(I) introduction.  25-7.265(2)(I) and    N/A.
                               (I)1 introduction.
25-7.265(2)(I)1.............  25-7.265(2)(I)1.A...  N/A.
25-7.265(2)(I)2 introduction- 25-7.265(2)(I)1.B.-B  N/A.
 2.E..                         .(V).
25-7.265(2)(I)3.............  25-7.265(2)(I)1.C...  N/A.
25-7.265(2)(I)4 introduction- 25-7.265(2)(1)1.D.    N/A.
 4.B..                         introduction-D.(II).
25-7.265(2)(I)5.............  25-7.265(2)(I)2.....  N/A.
25-7.265(2)(J)2.............  25-7.265(2)(J)1.....  N/A.
25-7.270(2)(A)7.............  25-7.270(2)(A)5.....  N/A.
25-7.270(2)(B)5 introduction  25-7.270(2)(B)4,      N/A.
 and 25-7.270(2)(B)5.A.-L.     fourth sentence and
                               25-7.270(2)(B)4.A.-
                               L.
25-7.270(2)(B)6.............  25-7.270(2)(B)5.....  N/A.
25-7.270(2)(B)12-15.........  25-7.270(2)(B)11-15.  N/A.
------------------------------------------------------------------------

J. Who Handles Permits After the Authorization Takes Effect?

    Missouri will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issued prior to the effective date of this authorization. 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
HSWA requirements for which Missouri is not yet authorized.

K. What Is Codification and Is EPA Codifying Missouri'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. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA reserves
the amendment of 40 CFR part 272, subpart AA for this authorization of
Missouri's program changes until a later date.

L. Statutory and Executive Order Reviews

    This rule only authorizes hazardous waste requirements pursuant to
RCRA section 3006 and does not impose any requirements other than those
imposed by State law (see Supplementary Information, Section A. Why are
Revisions to State Programs Necessary?). Therefore this rule complies
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning Review

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Because this rule approves 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).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.;
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).

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13185 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian Tribes, or on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes.)

7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Rules

    This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant and it is
not based on environmental health or safety risks.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action as defined
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a State program, to require the use of a particular
voluntary consensus standard in place of another standard that meets
the requirements of RCRA. Thus, the requirements of section 12(d) of
the National Technology and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply to this rule.

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings

    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.

12. Congressional Review Act

    EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian 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: April 17, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 06-4025 Filed 4-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: May 5, 2006 (Volume 71, Number 87)]
[Notices]
[Page 26491-26493]
[DOCID:fr05my06-58]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP05-130-000, CP05-132-000, Corps Application
CENAB-OP-RMS200565510-4; Docket No. CP05-131-000]

U.S. Army Corps of Engineers, Baltimore District; Dominion Cove
Point LNG, LP; Dominion Transmission, Inc.; Notice of Availability of
the Final Environmental Impact Statement for the Cove Point Expansion
Project

April 28, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) in cooperation with the U.S. Army Corps of Engineers
(Corps) and U.S. Coast Guard, (Coast Guard) has prepared a final
Environmental Impact Statement (EIS) for a liquefied natural gas (LNG)
import terminal expansion

and natural gas pipeline facilities proposed by Dominion Cove Point
LNG, L.P. and Dominion Transmission, Inc. (collectively referred to as
Dominion) in the above-referenced dockets. The final EIS was prepared
to satisfy the requirements of the National Environmental Policy Act
(NEPA). The final EIS addresses federally listed species, cultural
resources, and essential fish habitat issues. A draft General
Conformity Determination was also prepared by the FERC to assess the
potential air quality impacts associated with construction and
operation of the proposed project and is included as Appendix H of the
final EIS.
    The FERC staff concludes that approval of the proposed project with
appropriate mitigating measures, as recommended, would have limited
adverse environmental impact.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following LNG terminal and natural
gas (steel) pipeline facilities:
     Two new 160,000 cubic meter single containment LNG storage
tanks;
     Additional vaporization capacity consisting of shell and
tube vaporizers and associated equipment;
     Additional power generation equipment consisting of two
21.7 megawatt gas turbine generators and three emergency generators;
     Infrastructure associated with the LNG terminal expansion
including roads and storage and work areas at the existing site;
     About 47.8 miles of 36-inch-diameter, loop pipeline in
Calvert, Prince Georges, and Charles County, Maryland (TL-532
Pipeline);
     Ancillary areas for pipeline construction, including
access roads, staging areas, and work spaces;
     About 81 miles of 24-inch-diameter pipeline lateral in
Juniata, Mifflin, Huntingdon, Centre, and Clinton Counties,
Pennsylvania (PL-1 EXT2 Pipeline);
     Two new compressor stations in Juniata County (Perulack
Station) and Centre County (Centre Relay Station), Pennsylvania;
     About 11 miles of 24-inch diameter pipeline loop in Wetzel
County, West Virginia and Greene County, Pennsylvania (TL-492 EXT3
Pipeline);
     About 12 miles of 24-inch-diameter pipeline loop in Potter
County, Pennsylvania (TL-453 EXT1 Pipeline);
     About 10 miles of 20-inch-diameter pipeline loop in Potter
County, Pennsylvania (TL-536 Pipeline);
     Replacement of about 0.6 mile and pressure testing and
possible replacement of about 0.4 mile of 30-inch-diameter pipeline in
Franklin County, Pennsylvania (PL-1 Pipeline Pressure Restoration
Sites);
     Minor modifications to the existing Loudoun Measuring and
Regulating (M&R) Station in Loudoun County, Virginia;
     About 2,800 horsepower (hp) of additional compression at
the existing Mockingbird Hill Compressor Station in Wetzel County, West
Virginia;
     Minor modifications to the existing Leesburg Compressor
Station in Loudoun County, Virginia;
     Minor modifications to the existing Chambersburg
Compressor Station in Franklin County, Pennsylvania;
     Additional facilities and pipeline replacement at the
existing Leidy M&R Station located at the Leidy Hub complex in Clinton
County, Pennsylvania;
     About 3,550 hp of additional compression at Dominion's
previously approved Wolf Run Compressor Station in Lewis County, West
Virginia; and
     Minor modifications to Dominion's previously approved
Quinlan Compressor Station in Cattaraugus County, New York.
    Dominion's proposed LNG terminal expansion would increase the send-
out capability by 800,000 dekatherms per day (Dth/d) and increase the
storage capacity by 6.8 MMDth/d. Dominion's proposed pipeline and
related facilities in Maryland and Virginia would allow it to deliver
an additional 800,000 Dth/d from its LNG terminal to its connections
with other interstate pipelines. Dominion's proposed pipelines and
related facilities in Pennsylvania, West Virginia, and New York would
allow it to transport an additional 700,000 Dth/d to various delivery
points on its system, and offer a new underground storage service of
6.0 MMDth, with an additional demand of 100,000 Dth/d.
    Dominion Cove Point LNG, LP has applied, concurrently, to the Corps
for a Department of the Army Individual Permit pursuant to Section 404
of the Clean Water Act (33 U.S.C. 1344) and section 10 of the Rivers
and Harbors Act of 1899 (33 U.S.C. 403) for proposed structures in and
under navigable waters and the discharge of dredged, excavated, and/or
fill material into waters of the United States, including wetlands to
construct the preferred alternative identified in the final EIS. The
decision whether to issue the permits will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed
projects on the public interest. The decision will reflect the national
concern for the protection and utilization of important resources. The
benefits, which would be reasonably expected to accrue from the
proposed projects, must be balanced against its reasonably foreseeable
detriments. All factors, which may be relevant to the proposed work,
will be considered, including the cumulative effects thereof; among
those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood
hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply, and conservation, water quality,
energy needs, safety, food and fiber production, consideration of
property ownership, and in general, the needs and welfare of the
people.
    The Corps solicited comments from the public; Federal, State, and
local agencies and officials; Indian tribes; and other interested
parties in order to consider and evaluate the impacts of the proposed
project. Comments received will be considered by the Corps to determine
whether to issue, modify, condition or deny a permit for the proposal.
To make this decision, the Corps uses comments received to access
impacts on endangered species, historic properties, water quality,
general environmental effects, and the other public interest factors
listed above.
    The evaluation of the impact of the work described above on the
public interest will also include application, by the Corps, of the
guidelines [Section 404(b)(1)] promulgated by the Administrator, U.S.
Environmental Protection Agency, under authority of Section 404 of the
Clean Water Act.
    For Corps permitting purposes, if applicable, the applicant is
required to obtain a Water Quality Certification in accordance with
Section 401 of the Clean Water Act from the Maryland Department of the
Environment (MDE), the Pennsylvania Department of Environmental
Protection, and the State of West Virginia Division of Environmental
Protection. The Section 401 certifying agencies have a statutory limit
of one year in which to make their decisions. Additionally, for Corps
permitting purposes, the applicant is required to obtain Coastal Zone
Management Consistency concurrence from the MDE, as well. It should be
noted that the MDE has a statutory limit of 6 months in which to make
its consistency determination.
    The U.S. Coast Guard (Coast Guard) within the U.S. Department of
Homeland Security is also participating as a cooperating agency in the
preparation of the EIS because it exercises regulatory authority over
LNG

facilities that affect the safety and security of port areas and
navigable waterways under Executive Order 10173; the Magnuson Act (50
U.S.C. 191); the Ports and Waterways Safety Act of 1972, as amended (33
U.S.C. 1221, et seq.); and the Maritime Transportation Security Act of
2002 (46 U.S.C. 701). The Coast Guard also has authority for LNG
facility plan review, approval and compliance verification as provided
in title 33 CFR part 105, and siting as it pertains to the management
of vessel traffic in and around the LNG facility. As required by its
regulations, the Coast Guard is responsible for issuing a Letter of
Recommendation (LOR) as to the suitability of the waterway for LNG
marine traffic.
    The final EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Copies of the final EIS have been mailed to Federal, State, and
local agencies; public interest groups; individuals and affected
landowners who requested a copy of the final EIS or provided comments
during scoping; libraries; newspapers; and parties to this proceeding.
A limited number of documents and CD-ROMs are available from the Public
Reference Room identified above. In addition, hard-copies of the
document are also available for reading at public libraries along the
proposed project route.
    In accordance with the Council on Environmental Quality's (CEQ)
regulations implementing NEPA, no agency decision on a proposed action
may be made until 30 days after the U.S. Environmental Protection
Agency publishes a notice of availability of a final EIS. However, the
CEQ regulations provide an exception to this rule when an agency
decision is subject to a formal internal appeal process which allows
other agency review or the public to make their views known. In such
cases, the agency decision may be made at the same time the notice of
the final EIS is published, allowing both periods to run concurrently.
The Commission decision for this proposed action is subject to a 30-day
rehearing period.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet Web site
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to the eSubscription link on the FERC Internet Web
site.

Magalie R. Salas,
Secretary.
[FR Doc. E6-6844 Filed 5-4-06; 8:45 am]

BILLING CODE 6717-01-P