[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75300-75301]
[FR Doc No: 2023-24235]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0306]

Policy Letter for Covered Small Passenger Vessel Fire Safety
Interim Rule Implementation

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of Office of
Commercial Vessel Compliance (CG-CVC) Policy Letter 23-03, titled ``
`Covered Small Passenger Vessel' Fire Safety Interim Rule
Implementation''. The policy letter describes how the U.S. Coast Guard
plans to enforce multiple regulatory requirements found in the Fire
Safety of Small Passenger Vessels interim rule, including means of
escape requirements.

DATES: The policy letter announced in this notice was issued on October
26, 2023.

ADDRESSES: Items mentioned as being available in the docket, including
CG-CVC Policy Letter 23-03 and the interim rule, can be found on the
Federal Decision-Making Portal at https://www.regulations.gov. Search
for docket number ``USCG-2021-0306''.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email LCDR Jonathan Duffett, Office of Commercial Vessel
Compliance (CG-CVC), telephone<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Coast Guard announces the availability of CG-CVC Policy Letter
23-03. The new policy clarifies the Coast Guard's interpretation of
several regulatory changes promulgated in the interim rule titled, Fire
Safety of Small Passenger Vessels, published December 27, 2021 (86 FR
73160).
    The interim rule implemented requirements mandated by the Elijah E.
Cummings Coast Guard Authorization Act of 2020, which amended title 46
U.S. Code section 3306(n). Section 3306(n) directs the Secretary of
Homeland Security to prescribe fire

safety regulations for ``covered small passenger vessels,'' defined as
small passenger vessels with overnight accommodations for passengers or
operating on an oceans or coastwise route, excluding fishing vessels
and ferries. Topics in the new policy include means of escape, special
consideration by the Officer in Charge, Marine Inspection, and
excursion permits.
    In particular, the interim rule eliminated the option for
``existing vessels'' (as defined in 46 CFR subchapters K and T) to
comply with the means of escape requirements applicable to them on
March 10, 1996, bringing all covered small passenger vessels,
regardless of age, up to current standards for means of escape design
and arrangement. CG-CVC developed Policy Letter 23-03 in response to
numerous inquiries requesting clarification on the correct application
of the interim rule to the wide variety of small passenger vessel
arrangements.
    A copy of CG-CVC Policy Letter 23-03 issued on October 26, 2023 is
available in the docket where indicated in the ADDRESSES section of
this document and on CG-CVC's website, at https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Commercial-Vessel-Compliance/CG-CVC-Policy-Letters/.
    This notice is issued under authority of 5 U.S.C. 552(a) and 46
U.S.C. 3306(n).

M. Neeland,
Captain, U.S. Coast Guard, Chief, Commercial Vessel Compliance.
[FR Doc. 2023-24235 Filed 11-1-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Notices]
[Pages 18749-18750]
[FR Doc No: 2011-7988]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-128-000]

National Fuel Gas Supply Corporation; Notice Application

    Take notice that on March 7, 2011, National Fuel Gas Supply
Corporation (National Fuel), filed an application in Docket No. CP11-
128-000 pursuant to section 7(c) of the Natural Gas Act and Part 157 of
the Commission's Regulations, for a certificate of public convenience
and necessity to construct and operate its Northern Access Project.
National Fuel requests authorization to: (1) Construct a new compressor
station in East Aurora, Erie County, New York, (2) make piping changes
at the Concord Compressor Station in Erie County, New York to permit
bi-directional flow, and (3) install two additional compressor units at
its existing Ellisburg Compressor Station in Potter County,
Pennsylvania. National Fuel also proposes to upgrade facilities at Rose
Lake near Ellisburg, to serve as a new interconnection facility with
Tennessee Gas Pipeline Company (Tennessee). In a related application
submitted by Tennessee in Docket No. CP11-133-000 on March 9, 2011,
National Fuel and Tennessee propose to modify and upgrade certain
facilities on the jointly-owned Niagara Spur Loop Line (NSLL)
facilities so that the NSLL can be operated bi-directionally (Station
230C Project). Both proposals will allow for bi-directional firm
transportation service of 320,000 Dekatherms per day of natural gas
from the Rose Lake interconnect to the facilities of TransCanada
PipeLines, Ltd. at Niagara, all as more fully set forth in the
applications which are on file with the Commission and open for public
inspection. The estimated total cost of the Northern Access Project and
the Station 230C Project is $59,991,948.
    Any questions regarding this application should be directed to
Antoinetta Mucilli, Senior Attorney for National Fuel, 6363 Main
Street, Williamsville, New York 14221, or call at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to

the applicant and to every other party in the proceeding. Only parties
to the proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: April 7, 2011.

    Dated: March 17, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7988 Filed 4-4-11; 8:45 am]
BILLING CODE 6717-01-P


OMB83I FINAL This OMB form has been recreated in WP6.0 by OPPTS staff. The margins and lines are NOT block protected, so you must fill the form with caution, paying attention to any shifting of the existing text. The following tips should make this a simple task:

 Fill in the spaces by using the type over command. Otherwise you'll have to delete a space for each letter you add.

 Use the same font ( Times New Roman 8pt).

 Do not change table lines ( although you can delete an extra space line to provide more space elsewhere.

 It is not recommended that you convert this form to WP5.1, some of these features are not available in WP5.1, so the text will scramble.

If you have any problems or questions, please call your RID Desk Officer @ 260 2706. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. Environmental Protection Agency ( EPA) 2. OMB control number b. G None 2 0 4 0  0 0 5 0 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Clean Watersheds Needs Survey ( CWNS)

8. Agency form number( s) ( If applicable) EPA ICR No. 0318.09 9. Keywords Clean Watersheds Needs Survey ( CWNS)

10. Abstract: The Clean Watersheds Needs Survey ( CWNS) is required by Sections 205( a) and 516( b)( 1) of the Clean Water Act. It is a periodic inventory of existing and proposed publicly owned wastewater treatment works ( POTWS) and other water pollution control facilities in the United States, as well as an estimate of how many POTWs are needed to be built. The CWNS is a voluntary joint effort of EPA and the States. The Survey records cost and technical data associated with all POTWs and other water pollution control facilities, existing and proposed, in the United States. The State respondents who provide this information to EPA are State agencies responsible for environmental pollution control. No confidential information is used, nor is sensitive information protected from release under the Public Information Act, used. EPA achieves national consistency in the final results through the application of uniform guidelines and validation techniques. The " Clean Watersheds Needs Survey ( CWNS)" OMB Control No. 2040 0050, the EPA ICR No. 0318.09.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. Business or other for profit e. Federal Government c. Not for profit institutions f. P State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. X Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and record keeping hour burden a. Number of respondents 56 b. Total annual responses 4,950 1. Percentage of these responses collected electronically 100 % c. Total hours requested 7,672 d. Current OMB inventory 21,000 e. Difference  13,328 f. Explanation of difference 1. Program Change  13,328 2. Adjustment 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 6 e. Difference  6 f. Explanation of difference 1. Program change  6 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. X Program planning or management b. X Program evaluation f. __ Research c. X General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) every 4 years 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Sandra Perrin Phone: ( 202) 564 0668 OMB 83 I 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Sandra Perrin Municipal Technology Branch Date Signature of Senior Official or designee Richard T. Kuhlman, Director Municipal Support Division Office of Wastewater Management Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 77001-77002]
[FR Doc No: 2014-29950]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD15-4-000]

Technical Conference on Environmental Regulations and Electric
Reliability, Wholesale Electricity Markets, and Energy Infrastructure;
Notice of Technical Conferences

    Take notice that the Federal Energy Regulatory Commission
(Commission) will hold a series of technical conferences to discuss
implications of compliance approaches to the Clean Power Plan proposed
rule, issued by the Environmental Protection Agency (EPA) on June 2,
2014.\1\ In particular, the technical conferences will focus on issues
related to electric reliability, wholesale electric markets and
operations, and energy infrastructure. The Commission will hold a
National Overview technical conference on February 19, 2015, from
approximately 9:30 a.m. to 5:00 p.m. in the Commission Meeting Room at
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. Following the National Overview technical
conference, the Commission will hold three regional technical
conferences, on dates to be announced, in the following cities:
---------------------------------------------------------------------------

    \1\ Carbon Pollution Emission Guidelines for Existing Stationary
Sources: Electric Utility Generating Units, Notice of Proposed
Rulemaking, 79 FR 34,830 (June 18, 2014).
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    Eastern Region,\2\ Washington, DC
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    \2\ For purposes of this conference, the Eastern Region includes
the following Commission-approved Order No. 1000 planning regions:
ISO New England, Inc. (ISO-NE), PJM Interconnection, LLC (PJM), New
York Independent System Operator (NYISO), Southeastern Regional
Transmission Planning (SERTP), South Carolina Regional Transmission
Planning (SCRTP), and Florida Reliability Coordinating Council
(FRCC). This region also includes the Northern Maine Independent
System Administrator (NMISA).
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    Central Region,\3\ St. Louis, MO
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    \3\ For purposes of this conference, the Central Region includes
the following Commission-approved Order No. 1000 planning regions:
Midcontinent Independent System Operator Inc. (MISO) and Southwest
Power Pool (SPP). (continued . . .)
    This region also includes the Electric Reliability Council of
Texas (ERCOT).
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    Western Region,\4\ Denver, CO
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    \4\ For purposes of this conference, the Western Region includes
all the areas with the Western Interconnection, including the
California Independent System Operator (CAISO).
---------------------------------------------------------------------------

    The National Overview technical conference will be Commission-led.
The regional technical conferences will be staff-led. Commission
members may participate in the regional technical conferences.
    State, regional and/or federal plans for compliance with the
proposed Clean Power Plan may impact FERC-jurisdictional markets, grid
operations, and infrastructure. The technical conferences will provide
a forum for interested persons to discuss how to address any issues
concerning the reliability of the power grid and the efficient
operation of wholesale electric markets that may arise in the context
of potential state and regional compliance approaches to EPA's Clean
Power Plan. Additionally, the technical conferences will provide an
opportunity to discuss how compliance scenarios may impact existing
infrastructure and drive the need for additional infrastructure,
especially new electric transmission and natural gas pipeline
facilities, and whether there are regulatory barriers that need to be
addressed, and by whom, to ensure the timely development of those
facilities.
    The National Overview technical conference will include discussion
of the following overarching topics: (1) Whether industry participants
(state utility and environmental regulators, regulated entities, etc.)
have the appropriate tools to identify reliability and/or market issues
that may arise; (2) potential strategies for compliance with the EPA
regulations and coordination with FERC-jurisdictional wholesale and
interstate markets; and (3) how relevant planning entities, industry,
and states coordinate reliability and infrastructure planning processes
with state and/or regional environmental compliance efforts to ensure
the adequate development of new infrastructure and to manage any
potential reliability and operational impacts of proposed compliance
plans.
    Each of the three regional conferences will include discussion of
the following topics: (1) Potential reliability impacts in each region
under various compliance approaches; (2) potential impacts on power
system operations and generator dispatch in each region under various
compliance approaches; and (3) potential impact on each region's
current or expected infrastructure (electric transmission, natural gas
pipelines, generation, etc.) to address compliance with the proposed
rule, and additional infrastructure that may be required.
    Subsequent notices will be issued detailing the specific agenda and
topics

for discussion at the National Overview technical conference, and the
date, time, venue and specific agenda and topics for discussion at each
regional technical conference. Those interested in attending the
National Overview conference are encouraged to register by close of
business, February 13, 2015. You may register at the following Web
page: https://www.ferc.gov/whats-new/registration/02-19-15-form.asp.
Subsequent notices will provide details on registration for the
regional technical conferences.
    Information on the conferences will also be posted on the Calendar
of Events on the Commission's Web site, http://www.ferc.gov, prior to
the conferences. The National Overview technical conference will also
be Webcast and transcribed. Anyone with Internet access who desires to
listen to this event can do so by navigating to the Calendar of Events
at www.ferc.gov and locating this event in the Calendar. The event will
contain a link to the webcast. The Capitol Connection provides
technical support for webcasts and offers the option of listening to
the meeting via phone-bridge for a fee. If you have any questions,
visit www.CapitolConnection.org or call<PHONE_NUMBER>. Transcripts of
the technical conference will be available for a fee from Ace-Federal
Reporters, Inc.<PHONE_NUMBER> or 1-800-336-6646).
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about the technical conferences, please
contact:

Logistical Information, Sarah McKinley, Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Legal Information, Alan Rukin, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Technical Information, Matthew Jentgen, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Technical Information, Michael Gildea, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
     Dated: December 9, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-29950 Filed 12-22-14; 8:45 am]
BILLING CODE 6717-01-P


  SEQ CHAPTER \h \r 1

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[ EPA – R06-RCRA-2009-0343 FRL;  ]

 New Mexico:  Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

SUMMARY:   The State of New Mexico has applied to the EPA for final
authorization of changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA).   The EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize the
changes without a prior proposal because we believe this action is not
controversial and do not expect comments that oppose it.  Unless we
receive written comments, which oppose this authorization during the
comment period, the decision to authorize New Mexico's changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document in
the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.

DATES: This final authorization will become effective on [insert date 60
days after the date of publication] unless the EPA receives adverse
written comment by [insert date 30 days after the date of publication].
 If the 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 by one of the following methods:

    1. Federal eRulemaking Portal:  http://www.regulations.gov. Follow
the on-line instructions for submitting comments.

    2. E-mail<EMAIL_ADDRESS>
    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator,  State /Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas
Texas 75202-2733.

  4.  Hand Delivery or Courier:  Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State /Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733.

 4.   Instructions: Do not submit information that you consider to be
CBI or otherwise protected through regulations.gov, or e-mail. The
Federal regulations.gov Web site is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-mail
comment directly to the EPA without going through 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, the EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit.  If the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. You can view and copy
New Mexico’s application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations:  New Mexico Environment Department, 2905 Rodeo Park Drive
East, Building 1, Santa Fe, New Mexico 87505-6303, phone number (505)
476-6035 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number<PHONE_NUMBER>.  Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.

FOR FURTHER INFORMATION CONTACT:  Alima Patterson Region 6 Regional
Authorization Coordinator, State /Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division,<PHONE_NUMBER>), EPA Region
1445 Ross Avenue, Dallas Texas 75202-2733, and Email address   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

A.   Why Are Revisions to State Programs Necessary?

States which have received final authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask the EPA to authorize the changes. Changes
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
the 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 conclude that New Mexico's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA.  Therefore, we grant New Mexico final authorization
to operate its hazardous waste program with the changes described in the
authorization application.  New Mexico has responsibility for permitting
treatment, storage, and disposal facilities 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 the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in New Mexico
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 Mexico
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
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●   Do inspections, and require monitoring, tests, analyses, or
reports;

●   Enforce RCRA requirements and suspend or revoke permits; and

●   Take enforcement actions regardless of whether New Mexico has
taken its own

      actions.

This action does not impose additional requirements on the regulated
community because the regulations for which New Mexico 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?

         The EPA did not publish a proposal before today's rule because
we view this as a routine program change and do not expect 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 the EPA Receives Comments That Oppose This
Action?

         If the 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.  The 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. You may not have another
opportunity to comment.  If you want to comment on this authorization,
you must do so at this time.  If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only 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.        For What Has New Mexico Previously Been Authorized?

   The State of New Mexico initially received final authorization on
January 25, 1985, (50 FR 1515) to implement its base hazardous waste
management program.  New Mexico received authorization for revisions to
its program on February 9, 1990 (55 FR 4604) effective April 10, 1990;
March 19, 1990 (55 FR 10076); July 11, 1990 (55 FR 28397) effective July
25, 1990; October 5,1992 (57 FR 45717) effective December 4, 1992; June
9, 1994 (59 FR 29734) effective August 23, 1994; October 7, 1994 (59 FR
51122) effective December 21, 1994; April 25, 1995 (60 FR 20238)
effective July 10, 1995; (61 FR 2450) January 2, 1996; December 23, 1996
(61 FR 67474) effective March 10, 1997 and August 10, 2001 (66 FR 42140)
effective October 9, 2001 and (72 FR 46165) effective October 16, 2007.
 The authorized New Mexico RCRA program was incorporated by reference to
the CFR, effective December 13, 1993 (58 FR 52677); November 18, 1996
(61 FR 49265); July 13, 1998 (63 FR 23221); effective October 27, 2003,
and March 25, 2009, (74 FR 12625); effective May 26, 2009.   On May 21,
2009 New Mexico submitted a final complete program revision application
seeking authorization of its program revision in accordance with 40 CFR
271.21.

New Mexico statutes provide authority for the NMED to administer the
provisions of the State Hazardous Waste Management Program (HWMP).  The
New Mexico Environmental Improvement Act (EIA), NMSA 1978, Sections
74-1-1 through 74-1-14 and the New Mexico Hazardous Waste Act (HWA)
provide this authority.  No amendments have been made to the EIA or HWA
that affect the ability of the NMED to administer the HWMP.  The NMED is
the sole agency responsible for the HWMP.

The NMED petitioned the New Mexico Environmental Improvement Board (EIB)
to amend the HWMR, 20.4.1 for the EPA Federal rules promulgated from
July 1, 2002, through July 1, 2008.  The EIB adopted the amendments to
the Hazardous Waste Management Regulations (HWMR) on November 3, 2008,
and these amendments became permanent rules effective March 1, 2009.

  Thus, 20.4.1 NMAC provides equivalent and no less stringent authority
than the adoption of Federal RCRA Subtitle C program in effect through
July 1, 2008.  This is the version that is referred to in the Attorney
General’s Statement and Certification submitted with this program
revision.  The 20 NMAC 4.1 became effective on March 1, 2009.  New
Mexico Statutes Annotated (NMAC) 1978 Sections 74-4-4A(1) and 74-4-4F
(2002) provides New Mexico with authority to adopt Federal regulations
by reference with exceptions to federal rules that are not delegated to
the State of New Mexico.  Since the latest authorization the scope,
structure, coverage, and processes have not materially changed.

New Mexico, through the HWMR, has incorporated by reference the
following federal RCRA regulations as amended through July 1, 2008: 40
CFR parts 260-270, 40 CFR Part 270; 40 CFR Part 273; and 40 CFR Part 279
with the exception of 40 CFR §§ 260.1(b)(6), 260.20, 260.22,
260.30,260.31, 260.32, 260.33, 263.20(e), 264.1(f), 264.149, 264.150,
264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f),
264.1080(g), 265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f),
265.1080(e), 265.1080(f), 265.1080(g); 268.5, 268.6, 268.42(b),
268.44(a) through (g).  New Mexico has incorporated by reference 40 CFR
Part 124, sections 124.31, 124.32, and 124.33 with exception to 40 CFR
parts 124.1 and 124.2.  Also, it has adopted regulations at <IP_ADDRESS>1
NMAC, Permitting Procedures, that are equivalent to and no less
stringent than the procedures of 40 CFR part 124 and required by 40 CFR
Part 271.14.

The State of New Mexico has added regulations <IP_ADDRESS>1.A(1), A(3), &
.D   requirements for aerosol cans as universal waste.  An EPA memo
dated February 13, 1997 (from Mike Shapiro to Senior RCRA Policy
Managers in the EPA Regions), indicates that States that are already
authorized for the universal waste rule may add additional wastes that
meet the criteria for universal waste to their program.  Such state-only
wastes may be recognized as part of the State’s authorized program;
therefore, EPA Region 6 has determined that the State’s aerosol can
provisions can be recognized as part of the State’s authorized
program.

 <IP_ADDRESS>1.C – New Mexico has adopted an extensive revision to their
universal waste program which would allow the intentional breaking and
crushing of universal waste lamps in order to reduce their volume to
facilitate management or transport to destination facilities.  The
State’s regulations also include specific requirements with which the
regulated community must comply.  Further analysis will be performed to
determine if the breaking and crushing of universal waste lamps will be
authorized as part of the State’s authorized program. Therefore, the
EPA has determined that these requirements are not part of the State’s
authorized program. The lamp crushing provisions are excluded from this
authorization.

   Performance Track (Non-HSWA) (Revision Checklist 204; 69 FR 21737,
4/24/04, as amended at 69 FR 62217, 10/24/04).  In New Mexico’s
Program Revision Application package for RCRA Clusters XIII through
XVIII, the State indicates that it is seeking authorization for the
Performance Track program, as addressed by Revision Checklist 204.
However, on March 16, 2009, EPA announced its intention to halt and
review the National Performance Track Program.  Therefore, EPA Region 6
has decided to exclude this rule from this authorization document.  The
EPA is also excluding from this authorization document, the specific
Performance Track provisions addressed by the Burden Reduction
Initiative Rule (71 FR 16862; 04/04/06; Revision Checklist 213).

G.  What changes are We Authorizing with Today’s Action?

     On May 21, 2009, New Mexico submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21.  We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that New
Mexico’s hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization.  Therefore,
we grant the State of New Mexico Final authorization for the following
changes:  The State of New Mexico’s program revisions consist of
regulations which specifically govern Federal Hazardous Waste revisions
promulgated from July 1, 2002 through July 1, 2008 (RCRA Clusters
XIII-XVIII).  The State of New Mexico requirements are included in a
chart with this document.

Description of federal requirement (include checklist #, if relevant)
Federal Register date and page (and/or RCRA statutory authority
Analogous state authority

1. Zinc Fertilizer Rule.  (Checklist 200).

	67 FR 48393-48415 July 24, 2002.

	New Mexico Statute Annotated (NMSA) 1978, Section 74-4-1. Hazardous
Waste Regulations (HWMR), New Mexico Environmental Improvement Board, 20
NMAC, 20.4.1. 200, <IP_ADDRESS>0, and <IP_ADDRESS>0 as amended November 3,
2008, effective March 1, 2009.

2. Treatment Variance for Radioactively Contaminated Batteries.
(Checklist 201).

	67 FR 62618-62624 October 7, 2002.

	New Mexico Statute Annotated (NMSA) 1978, Section 74-4-1.  Hazardous
Waste Regulations (HWMR), New Mexico Environmental Improvement Board, 20
NMAC, <IP_ADDRESS>0, as amended November 3, 2008, effective March 1, 2009.

3.  Hazardous Air Pollutant Standards for Combustors-Corrections 2.
(Checklist 202).

	67 Fr 77687-77692 December 19, 2002.	New Mexico Statute Annotated
(NMSA) 1978, Section 74-4-1.  Hazardous Waste Regulations

(HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.
900, as amended November 3, 2008, effective March 1, 2009.

4.  Recycled Used Oil Management Standards; Clarification.  (Checklist
203).

	68 FR 44659-44665 July 30, 2003.	New Mexico Statute Annotated (NMSA)
1978,  Sections74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS> and <IP_ADDRESS>2, as
amended November 3, 2008, effective March 1, 2009.

5.  NESHAP: Surface Coating of Automobiles and Light-Duty Trucks.
(Checklist 205).

	69 FR 22601-22661 April 26, 2004.	New Mexico Statute Annotated (NMSA)
1978,  Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>0 and <IP_ADDRESS>0, as
amended November 3, 2008, effective March 1, 2009.

6.  Nonwastewaters from Dyes and Pigments.  (Checklist 206).

	70 FR 9138-9180 February 24, 2005.	New Mexico Statute Annotated (NMSA)
1978,  Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS> and <IP_ADDRESS>0, as
amended November 3, 2008, effective March 1, 2009.

7.  Uniform Hazardous Waste Manifest Rule.  (Checklist 207).

	70 FR 10776-10825 March 4, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>0, <IP_ADDRESS>0, <IP_ADDRESS>0, and <IP_ADDRESS>0, as amended November
3, 2008, effective March 1, 2009.

8. Methods Innovation Rule and SW-846 Final Update IIIB.  (Checklist
208).

	70 FR 34538-34592 June 14, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>0, <IP_ADDRESS>0, <IP_ADDRESS>0, <IP_ADDRESS>0, <IP_ADDRESS>0 and
<IP_ADDRESS>2, as amended November 3, 2008, effective March 1, 2009.

9.  Universal Waste Rule: Specific Provisions for Mercury Containing
Equipment.  (Checklist 209).

	70 FR 45508-45522 August 5, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>0, <IP_ADDRESS><IP_ADDRESS>0, <IP_ADDRESS>0, and <IP_ADDRESS>0, as amended
November 3, 2008, effective March 1, 2009.

10.  Revisions of Wastewater Treatment Exemptions for Hazardous Waste
Mixture (“Headworks exemptions”).

(Checklist 211)

	70 FR 57769-57785 October 4, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, as amended
November 3, 2008, effective March 1, 2009.

11.  NESHAP:  Final Standards for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II).  (Checklist 212).

	70 FR 59402-59579 October 12, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, <IP_ADDRESS>0,
<IP_ADDRESS>0, <IP_ADDRESS>0, and  <IP_ADDRESS>0, as amended November 3, 2008,
effective March 1, 2009.

12.   Burden Reduction Initiative.  (Checklist 213).

	71 FR 16862-16915 April 4, 2006.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>0, <IP_ADDRESS>1 (except .501.A(2)), <IP_ADDRESS>0, <IP_ADDRESS>1,
<IP_ADDRESS>0, <IP_ADDRESS>1, <IP_ADDRESS>0, and <IP_ADDRESS>2, as amended November
3, 2008, effective March 1, 2009.

Note:  As discussed in Section F, the EPA is excluding from this
authorization the Performance Track provisions addressed by this final
rule.

13. Corrections to Errors in the Code of Federal Regulations.
(Checklist 214).

	71 FR 40254-40280 July 14, 2006.	New Mexico Statute Annotated (NMSA)
1978, Sections 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>0, <IP_ADDRESS>0, <IP_ADDRESS>0, <IP_ADDRESS>1, <IP_ADDRESS>0, <IP_ADDRESS>0,
<IP_ADDRESS>0 <IP_ADDRESS>0 and <IP_ADDRESS>2 as amended November 3, 2008,
effective March 1, 2009.

14. Cathode Ray Tubes Rule. (Checklist 215).

	71 FR 42928-42949 July 28, 2006.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, and <IP_ADDRESS>, as
amended November 3, 2008, effective March 1, 2009.

15.   Exclusion of Oil-Bearing Secondary Materials Processed in a
Gasification System to Produce Synthesis.  (Checklist 216).

	73 FR 57-72 January 2, 2008.	New Mexico Statute Annotated (NMSA) 1978,
Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, and <IP_ADDRESS>, as
amended November 3, 2008, effective March 1, 2009.

16.  NESHAP: Final Standards for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II) Amendments.  (Checklist 217).

	73 FR 18970-18984 April 8, 2008.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>0, as amended
November 3, 2008, effective March 1, 2009.

17.  F019 Exemption for Wastewater Treatment Sludges from Auto
Manufacturing Zinc Phosphating Processes.  (Checklist 218).

	73 FR 31756-31769 June 4, 2008.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, <IP_ADDRESS>, as amended
November 3, 2008, effective March 1, 2009.

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

	 The State of New Mexico more stringent regulations are at Sections
<IP_ADDRESS>1 and <IP_ADDRESS>2.  The State’s more stringent regulations
corresponds to Federal regulations 40 CFR 266.102(e)(10) and 270.14(a).
There are no broader in scope provisions in this authorization document.

I.      Who Handles Permits After the Authorization Takes Effect?

	 New Mexico will issue permits for all the provisions for which it is
authorized and will administer the permits it issues.  The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits, which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions of
permits for the provisions listed in the Table in this document after
the effective date of this authorization.  The EPA will continue to
implement and issue permits for HSWA requirements for which New Mexico
is not yet authorized.

J.      What Is Codification and Is the EPA Codifying New Mexico'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 CFR.  We do this by referencing the authorized State rules in
40 CFR parts 272.  We reserve the amendment of 40 CFR parts 272; subpart
GG for this authorization of New Mexico's program changes until a later
date.  In this authorization application the EPA is not codifying the
rules documented in this Federal Register notice.

K.     Statutory and Executive Order Reviews

         The Office of Management and Budget (OMB) has exempted this
action from the requirements of Executive Order 12866 (58 FR 51735,
October 4, 1993), and 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
preexisting requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).  For the same reason, this action also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely authorizes State requirements as
part of the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA.  This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental health
or safety risks.  This rule is not subject to Executive Order
13211,”Actions Concerning Regulations

That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355 (May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.

            Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.  As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in
issuing this rule, the EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct.  The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15,1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order.  This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.,).  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 a rule must submit a report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States.  The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the United
States prior to publication in the Federal Register.  A major rule
cannot take effect until 60 days after it is published in the Federal
Register.

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).  This
action will be effective [insert date 60 days after publication in the
Federal -Register].

List of Subjects in 40 CFR Parts 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
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