[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Proposed Rules]
[Page 71583-71590]
[DOCID:fr25no08-30]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2008-0712; FRL-8744-9]

Wisconsin: Final Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Wisconsin 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 reviewed Wisconsin's application and
has preliminarily determined that these changes satisfy all
requirements needed to qualify for final authorization, and is

proposing to authorize the State's changes. This proposal authorizes
Wisconsin for new regulations which they have not been previously
authorized for.

DATES: Comments on this proposed rule must be received on or before
December 26, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2008-0712 by one of the following methods: http://
www.regulations.gov: Follow the online instructions for submitting
comments.
    E-mail<EMAIL_ADDRESS>    Mail: Jean Gromnicki, Wisconsin Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2008-0712. 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 information
that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The 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 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 or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epagov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some of the
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy. You may view and copy
Wisconsin's application from 9 a.m. to 4 p.m. at the following
addresses: U.S. EPA, Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Jean Gromnicki<PHONE_NUMBER>; or Wisconsin
Department of Natural Resources, 101 S. Webster Street, Madison,
Wisconsin, contact: Patricia Chabot<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Wisconsin Regulatory
Specialist, U.S. EPA, Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

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

B. What Decisions Have We Made in This Rule?

    We conclude that Wisconsin's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Wisconsin final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Wisconsin 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 Wisconsin, 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 Wisconsin 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. Wisconsin 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:
    1. Do inspections, and require monitoring, tests, analyses or
reports.
    2. Enforce RCRA requirements and suspend or revoke permits.
    3. Take enforcement actions regardless of whether the State has
taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which Wisconsin is
being authorized by today's action are already effective, and are not
changed by today's action.

D. What Happens If EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.

E. What Has Wisconsin Previously Been Authorized for?

    Wisconsin initially received final authorization on January 30,
1986, effective January 31, 1986 (51 FR 3783) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on May 23, 1989, effective June 6, 1989 (54 FR
15029), on November 22, 1989, effective January 22, 1990 (54 FR 48243),
on April 24, 1992, effective April 24, 1992 (57 FR 15029), on June 2,
1993, effective August 2, 1993 (58 FR 31344), on August 4, 1994,
effective October 4, 1994 (59 FR 39971), on August 5, 1999, effective
October 4, 1999 (64 FR 42630), and on June 26, 2002, effective June 26,
2002 (67 FR 43002).

F. What Changes Are We Authorizing With This Action?

    On April 29, 2008, Wisconsin submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a final decision, subject to
receipt of written comments that oppose this action, that Wisconsin's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Therefore, we propose to
grant Wisconsin final authorization for the following program changes:

        Table 1--Wisconsin's Analogs to the Federal Requirements
------------------------------------------------------------------------
                                 Federal Register
    Description of Federal        date and page
Requirement (include checklist     (and/or RCRA       Analogous state
        #, if relevant)             statutory            authority
                                    authority)
------------------------------------------------------------------------
Technical Amendments to the     January 3, 1995;   NR 660.30, 660.31,
 Universal Treatment Standards   60 FR 242.         660.32, 660.33,
 and Treatment Standards for                        661.02, 664.0001,
 Organic Toxicity                                   665.0001, 266.023,
 Characteristic Wastes and                          266.100, 266
 Newly Listed Waste; Checklist                      Appendix XIII, NR
 137.1.                                             668.01, 668.02,
                                                    668.07, 668.09,
                                                    668.38, 668.40,
                                                    668.41, 668.42,
                                                    668.43, 668.45,
                                                    668.46, 668.48, 668
                                                    Appendix IV, 668
                                                    Appendix V, 668
                                                    Appendix X;
                                                    Effective August 1,
                                                    2006.
Hazardous Waste Management      April 17, 1995;    NR 661.03, 661.32,
 System; Carbamate Production    60 FR 19165.       661.33, 661 Appendix
 Identification and Listing of                      VII, 661 Appendix
 Hazardous Waste; and CERCLA                        VIII; Effective
 Hazardous Substance                                August 1, 2006.
 Designation and Reportable
 Quantities; Correction;
 Checklist 140.1.
As amended; Checklist 140.2...  May 12, 1995; 60   .....................
                                 FR 25619.
Land Disposal Restrictions      April 8, 1996; 61  NR 668.01, 668.02,
 Phase III-Decharacterized       FR 15660.          668.03, 668.07,
 Wastewaters, Carbamate Wastes                      668.08, 668.09,
 and Spent Potliners;                               668.39, 668.40,
 Checklist 151.1.                                   668.42, 668.44,
                                                    668.48, 668 Appendix
                                                    XI; Effective August
                                                    1, 2006.
As amended; Checklist 151.2...  April 30, 1996;    .....................
                                 61 FR 19117.
As amended; Checklist 151.3...  June 28, 1996; 61  .....................
                                 FR 33680.
As amended; Checklist 151.4...  July 10, 1996; 61  .....................
                                 FR 36419.
As amended; Checklist 151.5...  August 26, 1996;   .....................
                                 61 FR 43924.
As amended; Checklist 151.6...  February 19,       .....................
                                 1997; 62 FR 7502.
Imports and Exports of          April 12, 1996;    NR 661.06, 662.010,
 Hazardous Waste:                61 FR 16289.       662.190, 662.053,
 Implementation of OECD                             662.56, 662.058,
 Council Decision; Checklist                        662.080, 662.081,
 152.                                               662.082, 662.083,
                                                    662.084, 662.085,
                                                    662.086, 662.087,
                                                    662.088, 662.089,
                                                    663.10, 663.20,
                                                    664.0012, 664.0071,
                                                    665.0012, 665.0071,
                                                    666.70, 673.20,
                                                    673.40, 673.56,
                                                    673.70; Effective
                                                    August 1, 2006.
Hazardous Waste Treatment,      November 25,       NR 660.11, 661.06,
 Storage, and Disposal           1996; 61 FR        662.034, 662.192,
 Facilities and Hazardous        59931.             664.0013, 664.0015,
 Waste Generators; Organic Air                      664.0073, 664.0077,
 Emission Standards for Tanks,                      664.0179, 664.0200,
 Surface Impoundments and                           664.0232, 664.0601,
 Containers; Checklist<PHONE_NUMBER>, 664.1033,
                                                    664.1034, 664.1035,
                                                    664.1050, 664.1055,
                                                    664.1058, 664.1064,
                                                    664.1080, 664.1081,
                                                    664.1082, 664.1083,
                                                    664.1084, 664.1085,
                                                    664.1086, 664.1087,
                                                    664.1088, 664.1089,
                                                    664.1090, 664.1091,
                                                    665.0001, 665.0013,
                                                    665.0015, 665.0073,
                                                    665.0077, 665.0178,
                                                    665.0202, 665.0231,
                                                    665.1030, 665.1033,
                                                    665.1034, 665.1035,
                                                    665.1050, 665.1055,
                                                    665.1058, 665.1064,
                                                    665.1080, 665.1081,
                                                    665.1082, 665.1083,
                                                    665.1084, 665.1085,
                                                    665.1086, 665.1087,
                                                    665.1088, 665.1089,
                                                    665.1090, 665.1091,
                                                    665 Appendix VI,
                                                    670.004, 670.014,
                                                    670.015, 670.016,
                                                    670.017, 670.027;
                                                    Effective August 1,
                                                    2006.
As amended; Checklist 154.1...  December 6, 1994;  .....................
                                 59 FR 62896.
As amended; Checklist 154.2...  May 19, 1995; 60   .....................
                                 FR 26828.
As amended; Checklist 154.3...  September 29,      .....................
                                 1995; 60 FR
                                 50426.
As amended; Checklist 154.4...  November 13,       .....................
                                 1995; 60 FR
                                 56952.
As amended; Checklist 154.5...  February 9, 1996;  .....................
                                 61 FR 4903.
As amended; Checklist 154.6...  June 5, 1996; 61   .....................
                                 FR 28508.
Warfarin & Zinc Phosphide       May 10, 1984; 49   NR 661.33; Effective
 Listing; Checklist 7.           FR 19922.          August 1, 2006.
Lime-Stabilized Pickle Liquor   June 5, 1984; 49   NR 661.03; Effective
 Sludge; Checklist 8.            FR 23284.          August 1, 2006.
Household Waste; Checklist 9..  November 13,       NR 661.04; Effective
                                 1984; 49 FR        August 1, 2006.
                                 44978.

Satellite Accumulation;         December 20,       NR 662.034, 662.192;
 Checklist 12.                   1984; 49 FR        Effective August 1,
                                 49568.             2006.
Financial Responsibility;       June 26, 1990; 55  NR 660.10, 664.0110,
 Settlement Agreement            FR 25976.          664.0111, 664.0112,
 (Amendment to Checklist 24's                       664.0113, 664.0114,
 Optional Designation of                            664.0115, 664.0116,
 264.113 and 265.113);                              664.0117, 664.0118,
 Checklist 24A.                                     664.0119, 664.0120,
                                                    664.0141, 664.0142,
                                                    664.0143, 664,0144,
                                                    664.0145, 664.0147,
                                                    664.0151, 665.0110,
                                                    665.0111, 665.0112,
                                                    665.0113, 665.0114,
                                                    665.0115, 665.0116,
                                                    665.0117, 665.0118,
                                                    665.0119, 665.0120,
                                                    665.0140, 665.0141,
                                                    665.0142, 665.0143,
                                                    665.0144, 665.0145,
                                                    665.0147, 670.014,
                                                    670.042, 670.072;
                                                    Effective August 1,
                                                    2006.
Liability Requirements for      November 18,       NR 664.0147,
 Hazardous Waste Facilities;     1987; 52 FR        664.0151, 665.0147;
 Corporate Guarantee;            44314.             Effective August 1,
 Checklist 43.                                      2006.
HSWA Codification Rule 2;       December 1, 1987;  NR 665.01, 670.060;
 Corrective Action for           52 FR 45788.       Effective August 1,
 Injection Wells; 44C.                              2006.
Changes to Part 124 Not         January 4, 1989;   NR 670.403, 670.406,
 Accounted for by Present        54 FR 246.         670.405, 670.410,
 Checklists; Checklist 70.                          670.412; Effective
                                                    August 1, 2006.
Toxicity Characteristics        June 29, 1990; 55  NR 661.04, 661.08,
 Revisions (Correction 1);       FR 26986.          661.24, 661.30, 261
 Checklist 74.1.                                    Appendix II,
                                                    664.0301, 665.0221,
                                                    665.0273, 665
                                                    Appendix I;
                                                    Effective August 1,
                                                    2006.
Burning of Hazardous Waste in   February 21,       NR 660.10, 660.11,
 Boilers and Industrial          1991; 56 FR 7134.  661.02, 661.04,
 Furnaces; Checklist 85.                            261.06, 664.0112,
                                                    664.0340, 665.0112,
                                                    665.0113, 665.0340,
                                                    666.100, 666.101,
                                                    666.102, 666.103,
                                                    666.104, 666.105,
                                                    666.106, 666.107,
                                                    666.108, 666.109,
                                                    666.110, 666.111,
                                                    666.112, 266
                                                    Appendices I, II,
                                                    III, IV, V, VI, VII,
                                                    VIII, IX, and X,
                                                    670.022, 670.042/
                                                    Appendix I, 670.066,
                                                    670.072, 670.073;
                                                    Effective August 1,
                                                    2006.
Burning of Hazardous Waste in   July 17, 1991; 56  NR 661.03, 661.06,
 Boilers and Industrial          FR 32688.          665.0370, 666.040,
 Furnaces; Corrections and                          666.100, 666.102,
 Technical Amendments I;                            666.103, 666.104,
 Checklist 94.                                      666.106, 666.107,
                                                    666.108, 666.109,
                                                    666.110, 666.112,
                                                    666 Appendices I,
                                                    II, III, IV, VII,
                                                    VIII, IX and X,
                                                    Appendix A to
                                                    Appendix X, Appendix
                                                    B to Appendix X,
                                                    Appendix C to
                                                    Appendix X, 670.022,
                                                    670.042, 670.066,
                                                    670.073; Effective
                                                    August 1, 2006.
Burning of Hazardous Waste in   August 27, 1991;   NR 661.02 665.0112,
 Boilers and Industrial          56 FR 42504.       665.0113, 666.100,
 Furnaces; Corrections and                          666.102, 666.103,
 Technical Amendments II;                           666.104, 666.108,
 Checklist 96.                                      666.109, 666.110,
                                                    666.111, 666.112,
                                                    666 Appendix IX,
                                                    Appendix XI,
                                                    Appendix XII;
                                                    Effective August 1,
                                                    2006.
Exports of Hazardous Waste;     September 4,       NR 662.053, 662.190,
 Technical Correction;           1991; 56 FR        662.056; Effective
 Checklist 97.                   43704.             August 1, 2006.
Burning of Hazardous Waste in   August 25, 1992;   NR 660.10, 660.20,
 Boilers and Industrial          57 FR 38558.       661.02, 664.0001,
 Furnaces; Technical Amendment                      665.0001, 666.100,
 III; Checklist 111.                                666.101, 666.103,
                                                    666.104, 666.106,
                                                    666.107, 666.108,
                                                    666.112, 666
                                                    Appendix IX;
                                                    Effective August 1,
                                                    2006.
Burning of Hazardous Waste in   September 30,      NR 666.103, 666
 Boilers and Industrial          1992; 57 FR        Appendix IX;
 Furnaces; Amendment IV;         44999.             Effective August 1,
 Checklist 114.                                     2006.
``Mixture'' and ``Derived-      March 3, 1992; 57  NR 661.03; Effective
 From'' Rules; Response to       FR 7628.           August 1, 2006.
 Court Remand; Checklist 117A.
``Mixture'' and ``Derived-      June 1, 1992; 57   NR 661.03; Effective
 From'' Rules; Technical         FR 23062.          August 1, 2006.
 Correction; Checklist 117A.1.
``Mixture'' and ``Derived-      October 30, 1992;  NR 661.03; Effective
 From'' Rules; Final Rule;       57 FR 49278.       August 1, 2006.
 Checklist 117A.2.
Land Disposal Restrictions for  May 24, 1993; 58   NR 664.0001,
 ignitable and Corrosive         FR 29860.          665.0001, 668.01,
 Characteristic Wastes Whose                        668.02, 668.07,
 Treatment Standards Were                           668.09, 668.37,
 Vacated; Checklist 124.                            668.40, 668.41,
                                                    668.42, 668.43,
                                                    670.042; Effective
                                                    August 1, 2006.
Requirements for Preparation,   July 20, 1993; 58  NR 660.11, 666.104,
 Adoption and Submittal of       FR 38816.          666.106, 666
 Implementation Plans;                              Appendix X;
 Checklist 125.                                     Effective August 1,
                                                    2006.
Burning of Hazardous Waste in   November 9, 1993;  NR 666.112, 266
 Boilers and Industrial          58 FR 59598.       Appendix VII;
 Furnaces; Checklist 127.                           Effective August 1,
                                                    2006.
Recordkeeping Instructions;     March 24, 1994;    NR 664 Appendix I/
 Checklist 131.                  59 FR 13891.       Table I & II, 665
                                                    Appendix I/Table I &
                                                    II; Effective August
                                                    1, 2006.
Solid Waste, Hazardous Waste,   June 29, 1995; 60  NR 661.31, 666.103,
 Oil Discharge and Superfund     FR 33912.          666.104, 670.002,
 Programs; Removal of Legally                       670.010; Effective
 Obsolete Rules; Checklist 144.                     August 1, 2006.
Criteria for Classification of  July 1, 1996; 61   NR 661.05; Effective
 Solid Waste Disposal            FR 34252.          August 1, 2006.
 Facilities and Practices;
 Identification and Listing of
 Hazardous Waste; Requirements
 for Authorization of State
 Hazardous Waste Programs;
 Checklist 153.

Land Disposal Restrictions      January 14, 1997;  NR 668.39; Effective
 Phase III--Emergency            62 FR 1992.        August 1, 2006.
 Extension of the K088
 Capacity Variance; Checklist
 155.
Military Munitions Rule:        February 12,       NR 660.10, 661.02,
 Hazardous Waste                 1997; 62 FR 6622.  662.010, 662.190,
 Identification and                                 662.020, 662.191,
 Management; Explosives                             663.10, 664.0001,
 Emergencies; Manifest                              664.0070, 664.1200,
 Exemption for Transport of                         664.1201, 664.1202,
 Hazardous Waste on Right-of-                       665.0001, 665.0070,
 Ways on Contiguous                                 665.1200, 665.1201,
 Properties; Checklist<PHONE_NUMBER>, 666.200,
                                                    666.201, 666.202,
                                                    666.203, 666.204,
                                                    666.205, 666.206,
                                                    670.001, 670.042;
                                                    Effective August 1,
                                                    2006.
Land Disposal Restrictions--    May 12, 1997; 62   NR 661.01, 661.02,
 Phase IV: Treatment Standards   FR 25998.          661.04, 661.06,
 for Wood Preserving Wastes,                        668.01, 668.04,
 Paperwork Reduction and                            668.07, 668.09,
 Streamlining, Exemptions from                      668.30, 668.40,
 RCRA for Certain Processed                         668.42, 668.44, 668
 Materials; and Miscellaneous                       Appendix VI, VII,
 Hazardous Waste Provisions;                        VIII; Effective
 Checklist 157.                                     August 1, 2006.
Hazardous Waste Management      June 13, 1997; 62  NR 660.11, 664.1034,
 System; Testing and             FR 32452.          664.1063, 664
 Monitoring Activities;                             Appendix IX,
 Checklist<PHONE_NUMBER>, 665.1063,
                                                    666.104, 666.106,
                                                    266.107, 266
                                                    Appendix IX;
                                                    Effective August 1,
                                                    2006.
Hazardous Waste Management      June 17, 1997; 62  NR 661.32/table,
 System; Carbamate Production,   FR 32974.          661.33, 661 Appendix
 Identification and Listing of                      VII and VIII,
 Hazardous Waste; Land                              668.39, 668.40/
 Disposal Restrictions;                             table; Effective
 Checklist 159.                                     August 1, 2006.
Land Disposal Restrictions      July 14, 1997; 62  NR 668.39; Effective
 Phase III--Emergency            FR 37694.          August 1, 2006.
 Extension of the K088
 National Capacity Variance;
 Checklist 160.
Second Emergency Revision of    August 28, 1997;   NR 668.40, 668.48;
 the Land Disposal               62 FR 45568.       Effective August 1,
 Restrictions (LDR) Treatment                       2006.
 Standards for Listed
 Hazardous Waste From
 Carbamate Production;
 Checklist 161.
Clarification of Standards for  December 5, 1997;  NR 668.44; Effective
 Hazardous Waste LDR Treatment   62 FR 64504.       August 1, 2006.
 Variances; Checklist 162.
Organic Air Emissions           December 8, 1997;  NR 664.0015,
 Standards for Tanks, Surface    62 FR 64636.       664.0073, 664.1030,
 Impoundments, and Containers;                      664.1031, 664.1033,
 Clarification and Technical                        664.1050, 664.1060,
 Amendment; Checklist<PHONE_NUMBER>, 664.1064,
                                                    664.1080, 664.1082,
                                                    664.1083, 664.1084,
                                                    664.1085, 664.1086,
                                                    664.1087, 664.1089,
                                                    665.0015, 665.0073,
                                                    665.1030, 665.1033,
                                                    665.1050, 665.1060,
                                                    665.1062, 665.1064,
                                                    665.1080, 665.1081,
                                                    665.1082, 665.1083,
                                                    665.1084, 665.1085,
                                                    665.1086, 665.1087,
                                                    665.1088, 665.1090,
                                                    670.014; Effective
                                                    August 1, 2006.
Kraft Mill Steam Stripper       April 15, 1998;    NR 661.04; Effective
 Condensate Exclusion;           63 FR 18504.       August 1, 2006.
 Checklist 164.
Recycled Used Oil Management    May 6, 1998; 63    NR 661.05, 661.06,
 Standards; Technical            FR 24963.          679.10, 679.22,
 Correction and Clarification;                      679.45, 679.54,
 Checklist 166.                                     679.64, 679.74;
                                                    Effective August 1,
                                                    2006
As amended; Checklist 166.1...  July 14, 1998; 63  .....................
                                 FR 37780.
Land Disposal Restrictions      May 26, 1998; 63   NR 668.02, 668.03,
 Phase IV--Treatment Standards   FR 28556.          668.34, 668.40,
 for Metal Wastes and Mineral                       668.48; Effective
 Processing Wastes; Checklist                       August 1, 2006.
 167A.
Land Disposal Restrictions      May 26, 1998; 63   NR 668.02, 668.07,
 Phase IV--Hazardous Soils       FR 28556.          668.44, 668.49;
 Treatment Standards and                            Effective August 1,
 Exclusions; Checklist 167B.                        2006.
Land Disposal Restrictions      May 26, 1998; 63   NR 668.04, 668.07,
 Phase IV--Corrections;          FR 28556.          668.40, 668.42,
 Checklist 167C.                                    668.45, 668.48, 668
                                                    Appendix VII/Table
                                                    1, Appendix VII/
                                                    Table 2, Appendix
                                                    VIII; Effective
                                                    August 1, 2006.
As amended; Checklist 167C.1..  June 8, 1998; 63   .....................
                                 FR 31266.
Mineral Processing Secondary    May 26, 1998; 63   NR 661.02, 661.03,
 Materials Exclusion;            FR 58556.          661.04; Effective
 Checklist 167D.                                    August 1, 2006.
Bevill Exclusion Revisions and  May 26, 1998; 63   NR 661.03, 661.04;
 Clarification; checklist 167E.  FR 28556.          Effective August 1,
                                                    2006.
Exclusion of Recycled Wood      May 26, 1998; 63   NR 261.04; Effective
 Preserving Wastewasters;        FR 28556.          August 1, 2006.
 Checklist 167F.
Hazardous Waste Combustors      June 19, 1998; 63  NR 661.04, 661.38,
 Revised Standards; Checklist    FR 33782.          670.042, 670.072;
 168.                                               Effective August 1,
                                                    2006.
Petroleum Refining Process;     August 6, 1998;    NR 661.03, 661.04,
 Checklist 169.                  63 FR 42110.       661.06, 661.31,
                                                    661.32, 261, 668.35,
                                                    668.40 Appendix VII;
                                                    Effective August 1,
                                                    2006.
Land Disposal Restrictions--    August 31, 1998;   NR 668.40; Effective
 Phase IV; Checklist 170.        63 FR 46332.       August 1, 2006.
Emergency Revisions of LDR      September 4,       NR 668.40, 668.48;
 Treatment Standards;            1998; 63 FR        Effective August 1,
 Checklist 171.                  47409.             2006.
Emergency Revisions of LDR      September 9,       NR 668.34; Effective
 Treatment Standards;            1998; 63 FR        August 1, 2006.
 Checklist 172.                  48124.
Land Disposal Restrictions      September 24,      NR 668.39, 668.40;
 Treatment Standards (Spent      1998; 63 FR        Effective August 1,
 Potliners); Checklist 173.      51254.             2006.

Standards Applicable to Owners/ October 22, 1998;  NR 664.0090,
 Operators of Closed and         63 FR 56710.       664.0110, 664.0112,
 Closing Hazardous Waste                            664.0118, 664.0140,
 Management Facilities: Post-                       665.0090, 665.0110,
 Closure Permit Requirement                         665.0112, 665.0118,
 and Closure Process;                               665.0121, 665.0140,
 Checklist 174.                                     670.001, 670.014,
                                                    670.028; Effective
                                                    August 1, 2008.
Hazardous Remediation Waste     November 30,       NR 660.10, 661.04,
 Management Requirements;        1998; 63 FR        664.0001, 664.0073,
 Checklist 175.                  65874.             664.0101, 664.0552,
                                                    664.0553, 664.0554,
                                                    665.0001, 668.02,
                                                    668.50, 670.002,
                                                    670.011, 670.042,
                                                    670.068, 670.073,
                                                    670.079, 670.080,
                                                    670.085, 670.090,
                                                    670.095, 670.100,
                                                    670.105, 670.110,
                                                    670.115, 670.120,
                                                    670.125, 670.130,
                                                    670.135, 670.140,
                                                    670.145, 670.150,
                                                    670.155, 670.160,
                                                    670.165, 670.170,
                                                    670.175, 670.180,
                                                    670.185, 670.190,
                                                    670.195, 670.200,
                                                    670.205, 670.210,
                                                    670.215, 670.220,
                                                    670.225, 670.230;
                                                    Effective August 1,
                                                    2006.
Universal Waste Rule Technical  December 24,       NR 666.80, 673.06;
 Amendment; Checklist 176.       1998; 63 FR        Effective August 1,
                                 71225.             2006.
Organic Air Emission            January 21, 1999;  NR 662.034, 662.192,
 Standards; Checklist 177.       64 FR 3381.        664.1031, 664.1080,
                                                    664.1083, 664.1084,
                                                    664.1086, 665.1080,
                                                    665.1084, 665.1085,
                                                    665.1087; Effective
                                                    August 1, 2006.
Petroleum Refining Process      February 11,       NR 661.04; Effective
 Wastes; Checklist 178.          1999; 64 FR 6806.  August 1, 2006.
Land Disposal Restrictions      May 11, 1999; 64   NR 661.02, 661.04,
 Phase IV--Technical             FR 25408.          662.034, 662.192,
 Corrections and                                    668.02, 668.07,
 Clarifications to Treatment                        668.09, 668.40,
 Standards; Checklist 179.                          668.48, 668.49;
                                                    Effective August 1,
                                                    2006.
Guidelines Establishing Test    May 14, 1999; 64   NR 660.11; Effective
 Procedures for the Anaylysis    FR 26315.          August 1, 2006.
 of Oil and Grease and Non-
 Polar Material Under the CWA
 and RCRA; Checklist 180.
Universal Waste: Lamp Rule;     July 6, 1999; 64   NR 660.10, 661.09,
 Checklist 181.                  FR 36466.          664.0001, 665.0001,
                                                    668.01, 670.001,
                                                    673.01, 673.02,
                                                    673.03, 673.04,
                                                    673.05, 673.06,
                                                    673.07, 673.08,
                                                    673.09, 673.10,
                                                    673.13, 673.14,
                                                    673.30, 673.32,
                                                    673.33, 673.34,
                                                    673.50, 673.60,
                                                    673.81; Effective
                                                    August 1, 2006.
NESHAPS: Final Standards for    September 30,      NR 660.10, 661.38,
 Hazardous Air Pollutants for    1999; 64 FR        664.0340, 664.0601,
 Hazardous Waste Combustors;     52827.             665.0340, 666.100,
 Checklist 182.                                     666.101, 666.105,
                                                    666.112, 266
                                                    Appendix VIII,
                                                    670.019, 670.022,
                                                    670.042, 670.062,
                                                    670.066; Effective
                                                    August 1, 2006.
As amended; Checklist 182.1...  November 19,       .....................
                                 1999; 64 FR
                                 63209.
Land Disposal Restrictions;     October 20, 1999;  NR 661.32, 662.034,
 Wood Preserving Wastes, Metal   64 FR 56469.       662.192, 668.07,
 Wastes, Zinc Micronutrients                        668.40, 668.49;
 Fertilizer, etc.;                                  Effective August 1,
 Corrections; Checklist 183.                        2006.
Wastewater Treatment Sludges    March 8, 2000; 65  NR 662.034, 662.192;
 from the Metal Finishing        FR 12378.          Effective August 1,
 Industry; 180 Day                                  2006.
 Accumulation Time; Checklist
 184.
Organobromine Production        March 17, 2000;    NR 661.32 Table,
 Wastes; Checklist 185.          65 FR 14472.       661.33 Table, 661
                                                    Appendix VII and
                                                    VIII, 668.40,
                                                    668.48; Effective
                                                    August 1, 2006.
Organobromine Production Waste  June 8, 2000; 65   NR 661.31, 668
 and Petroleum Refining          FR 36365.          Appendix VII;
 Process Waste--Clarification;                      Effective August 1,
 Checklist 187.                                     2006.
NESHAPS: Final Standards for    July 10, 2000; 65  NR 661.38, 664.0340,
 Hazardous Air Pollutants for    FR 42292.          670.042; Effective
 Hazardous Waste Combustors;                        August 1, 2006.
 Technical Corrections;
 Checklist 188.
As amended; Checklist 188.1...  May 14, 2001; 66   .....................
                                 FR 24270.
As amended; Checklist 188.2...  July 3, 2001; 66   .....................
                                 FR 35087.
Hazardous Waste Management      November 8, 2000;  NR 661.32, 661
 System; Identification and      65 FR 67068.       Appendix VII and
 Listing of Hazardous Waste;                        VIII, 668.33,
 Chlorinated Aliphatics                             668.40, 668.48;
 Production Wastes; Land                            Effective August 1,
 Disposal Restrictions for                          2006.
 Newly Identified Wastes; and
 CERCLA Hazardous Substance
 Designation and Reportable
 Quantities; Checklist 189.
Deferral of Phase IV Standards  December 26,       NR 668.32, 668.48,
 for PCBs as a Constituent       2000; 65 FR        668.49, 668 Appendix
 Subject to Treatment in Soil;   81373.             III; Effective
 Checklist 190.                                     August 1, 2006.
Storage, Treatment,             May 16, 2001; 66   NR 666.210, 666.220,
 Transportation, and Disposal    FR 27218.          666.225, 666.230,
 of Mixed Waste; Checklist 191.                     666.235, 666.240,
                                                    666.245, 666.250,
                                                    666.255, 666.260,
                                                    666.305, 666.310,
                                                    666.315, 666.320,
                                                    666.325, 666.330,
                                                    666.335, 666.340,
                                                    666.345, 666.350,
                                                    666.355, 666.360;
                                                    Effective August 1,
                                                    2006.
Mixture and Derived-From Rule   May 16, 2001; 66   NR 661.03; Effective
 Revisions; Checklist 192A.      FR 27266.          August 1, 2006.

Land Disposal Restrictions      May 16, 2001; 66   NR 268 Appendix VII/
 Correction; Checklist 192B.     FR 27266.          Table 1; Effective
                                                    August 1, 2006.
Change of EPA Mailing Address;  June 28, 2001; 66  NR 660.11; Effective
 Checklist 193.                  FR 34374.          August 1, 2006.
Correction to the Hazardous     October 3, 2001;   NR 661.03; Effective
 Waste Identification Rule       66 FR 50332.       August 1, 2006.
 (HWIR): Revisions to the
 Mixture and Derived-From
 Rules; Checklist 194.
Inorganic Chemical              November 20,       NR 661.04, 661.32,
 Manufacturing Wastes            2001; 66 FR        661 Appendix VII,
 Identification and Listing;     58258.             668.36, 668.40
 Checklist 195.                                     Table; Effective
                                                    August 1, 2006.
As amended 195.1..............  April 9, 2002; 67  .....................
                                 FR 17119.
CAMU Amendments; Checklist 196  January 22, 2002;  NR 660.10, 664.0550,
                                 67 FR 2962.        664.0551, 664.0552,
                                                    664.0554, 664.0555;
                                                    Effective August 1,
                                                    2006.
Hazardous Air Pollutant         February 13,       NR 664.0340,
 Standards for Combustors        2002; 67 FR 6792.  665.0340, 666.100,
 Interim Standards; Checklist                       670.019, 670.022,
 197.                                               670.062, 670.066,
                                                    670.235; Effective
                                                    August 1, 2006.
Hazardous Air Pollutant         February 14,       NR 666.100, 670.042;
 Standards for Combustors;       2002; 67 FR 6968.  Effective August 1,
 Corrections; Checklist 198.                        2006.
Vacatur of Mineral Processing   March 13, 2002;    NR 661.02, 661.04,
 Spent Materials Being           67 FR 11251.       661.24; Effective
 Reclaimed as Solid Wastes and                      August 1, 2006.
 TCLP Used with MGP Waste;
 Checklist 199.
Zinc Fertilizers Made From      July 24, 2002; 67  NR 661.04, 666.020,
 Recycled Hazardous Secondary    FR 48393.          668.40; Effective
 Materials; Checklist 200.                          August 1, 2006.
Land Disposal Restrictions:     October 7, 2002;   NR 668.40/Table;
 National Treatment Variance     67 FR 62618.       Effective August 1,
 to Designate New Treatment                         2006.
 Subcategories for
 Radioactively Contaminated
 Cadmium-, Mercury-, and
 Silver-Containing Batteries;
 Checklist 201.
NESHAP: Standards for           December 19,       NR 670.019, 670.022,
 Hazardous Air Pollutants for    2002; 67 FR        670.062, 670.066;
 Hazardous Waste Combustors--    77687.             Effective August 1,
 Corrections; Checklist 202.                        2006.
Hazardous Waste System;         March 4, 2005; 70  NR 660.10, 661.07,
 Modification of the Hazardous   FR 10776.          662.020, 662.191,
 Waste Manifest System; Final                       662.021, 662.190,
 Rule; Checklist 207.                               662.027, 662.032,
                                                    662.033, 662.034,
                                                    662.192, 662.054,
                                                    662.60, 662
                                                    Appendix, 662
                                                    Appendix/8700-22,
                                                    662 Appendix/8700-
                                                    22A, 663.20, 663.21,
                                                    664.0070, 664.0071,
                                                    664.0072, 664.0076,
                                                    665.0070, 665.0071,
                                                    665.0072, 665.0076;
                                                    Effective April 1,
                                                    2007.
As amended; Checklist 207.1...  June 16, 2005; 70  .....................
                                 FR 35034.
------------------------------------------------------------------------

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

    These practices are prohibited in Wisconsin: Underground Injection
(40 CFR part 144), and Land Treatment (40 CFR 270.20). Wisconsin also
does not provide for Permit by Rule (40 CFR 270.60). Wisconsin does not
allow automatic authorization under the permit modification regulations
found in 40 CFR 270.42(b)(6). The 10 year Remedial Action Plan, or RAP
(40 CFR 270.79 et seq.) is replaced by a 5 year Remediation Variance
(NR670.079).
    These Wisconsin regulations are more stringent: 662.220(5)(c,d),
662.220(6)(c,d,f), and 670.030 (annual report required instead of a
biennial report).
    Wisconsin maintains different financial regulations, that allow for
additional equivalent financial mechanisms (664.0143), do not allow the
net worth test for closure under Part 665, and maintain some more
stringent insurance requirements under 664.0143(5)(h),
664.0147(1)(a)(3), and 665.0147(1)(a)(3).
    The following Wisconsin regulations have no Federal Counterpart:
666.081, 666.900 through 666.910, and 673.11. On the converse, there
are no Wisconsin provisions for 40 CFR 268.5, 268.44 (other than
268.44(h)), and 270.3 as these are Federal non-delegable provisions.

H. Who Handles Permits After the Authorization Takes Effect?

    Wisconsin 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 we issued prior to the effective date of this authorization until
they expire or are terminated. We 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 Wisconsin
is not yet authorized.

I. How Does This Action Affect Indian Country (18 U.S.C. 1151) in
Wisconsin?

    Wisconsin is not authorized to carry out its hazardous waste
program in ``Indian Country,'' as defined in 18 U.S.C. 1151. Indian
Country includes:
    1. All lands within the exterior boundaries of Indian reservations
within the State of Wisconsin;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
    Therefore, this action has no effect on Indian Country. EPA will
continue to implement and administer the RCRA program in Indian
Country.

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

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. Wisconsin's rules, up to
and including those revised June 7, 1991, as corrected August 19, 1991,
have previously been codified through the incorporation-by-reference
effective February 4, 1992 (57 FR 4162) . We reserve the amendment of
40 CFR part 272, subpart KK for the codification of Wisconsin's program
changes until a later date.

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no 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 rule from its
review under 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 13175 (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 Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866 and because the EPA does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.

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 any particular
voluntary consensus standard in place of another standard that meets
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 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 18,
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. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State
rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health
or environmental effects, the rule is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 271

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

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

    Dated: October 23, 2008.
Walter W. Kovalick, Jr.
Acting Regional Administrator, United States Environmental Protection
Agency, Region 5.
 [FR Doc. E8-27971 Filed 11-24-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40144-40146]
[FR Doc No: 2012-16669]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Adoption of the Environmental Impact Statement (EIS) and
Participation in the Section 106 Programmatic Agreement for the East
Side Access Project

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of adoption and recirculation of the Final Environmental
Impact Statement for the East Side Access Project and participation in
the Section 106 Programmatic Agreement.

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

SUMMARY: FRA is issuing this notice to advise the public and interested
agencies that FRA is adopting the Federal Transit Administration (FTA)
March 2001 Final Environmental Impact Statement and subsequent FTA
reevaluations (collectively, the ``2001 EIS'') for the East Side Access
project proposed by the Metropolitan Transportation Authority (MTA) in
the State of New York. FRA is adopting the 2001 EIS to satisfy FRA's
National Environmental Policy Act (NEPA) obligations related to MTA's
request for financing for the East Side Access project through the FRA
Railroad Rehabilitation and Improvement Financing (RRIF) Program.
Through Amendment No. 3, FRA is becoming a signatory to the 2006
Amended Programmatic Agreement to satisfy Section 106 of the National
Historic Preservation Act.

FOR FURTHER INFORMATION CONTACT: Michelle W. Fishburne; Environmental
Protection Specialist; Federal Railroad Administration; Office of
Railroad and Policy Development; 1200 New Jersey Avenue SE., MS-20;
Washington, DC 20590; Phone<PHONE_NUMBER>.

DATES: Submit comments regarding adoption of the 2001 EIS no later than
30 days following EPA's notice of availability of the 2001 EIS to
Michelle Fishburne, at the address listed above.

ADDRESSES: The 2001 EIS can be inspected at the FRA office at the
address listed above and locally at the following locations:

Manhattan

     Community Board 4, Muhlenberg Library, 209 West 23rd
Street, New York, NY 10011-2379; Phone<PHONE_NUMBER>.
     Community Board 5, Mid-Manhattan Library, 455 Fifth
Avenue, New York, NY 10016-0122; Phone<PHONE_NUMBER>.
     New York Public Library, Fifth Avenue at 42nd Street, New
York, NY 10018-2788; Phone<PHONE_NUMBER>.
     Community Board 6, Epiphany Library, 228 East 23rd Street,
New York, NY 10010-4672; Phone<PHONE_NUMBER>.

Queens

     Community Board 8, Yorkville Library, 222 East 79th
Street, New York, NY 10021-1295; Phone<PHONE_NUMBER>.
     Community Board 2, Court Square Library, 25-01 Jackson
Avenue, Long Island City, NY 11101; Phone<PHONE_NUMBER>.
     Community Board 5, Maspeth Library, 69-70 Grand Avenue,
Masbeth, NY 11378; Phone<PHONE_NUMBER>.
    The 2001 EIS is also located on the FRA Web site at www.fra.dot.gov
or on the MTA East Side Access project Web site at www.mta.info/capconstr/esas/.

SUPPLEMENTARY INFORMATION: MTA has applied to FRA for a RRIF loan for
the East Side Access project. The East Side Access project will provide
direct access for Long Island Rail Road (LIRR) riders to Grand Central
Terminal (GCT) by connecting to the MTA LIRR Main Line and Port
Washington tracks. LIRR provides service to 124 stations on 11 branch
lines, within five counties in New York State: New York County, Kings
County, Nassau County, Suffolk County, and Queens County. The East Side
Access will be the LIRR's largest system expansion in over 100 years.
The East Side Access project will open a second Manhattan gateway,
greatly expanding its LIRR service by connecting Queens and Long Island
with East Midtown Manhattan. With direct LIRR service to Midtown East,
LIRR will further increase its market share by saving up to 40 minutes
per

day in subway/bus/sidewalk travel time for commuters who work on
Manhattan's East Side.
    The East Side Access project includes construction of new tunnel
connections beneath Sunnyside Yard and approximately three miles of new
tunnel in Manhattan. The project's multiple tunnels total approximately
7.5 miles of new tunnels with approximately 13 miles of tracks. The
project also involves the construction of numerous new structures,
including new tracks, platforms, new off-street entrances, a new LIRR
passenger station, ventilation and substation facilities, and new
storage and maintenance facilities.
    Analysis of environmental effects from the East Side Access project
began in 1995 with the preparation of a Major Investment Study (MIS) by
MTA. The MIS evaluated the effectiveness of a wide range of alternative
investments and strategies for the Long Island Transportation Corridor.
FTA circulated a Draft EIS in May 2000, and published notices of the
2000 Draft EIS availability with the public hearing date in the Federal
Register on May 26, 2000. MTA held the public hearing on June 15, 2000,
and public comments were accepted through December 1, 2000. FTA
received over 300 public comments, which FTA addressed in the 2001
Final Environmental Impact Statement (FEIS). FTA published the Record
of Decision (ROD) in May 2001.
    The FEIS evaluated the environmental impacts for the No Action
Alternative, the Transportation Systems Management Alternative, and the
Preferred Alternative described in the MIS. Because the East Side
Access project has the potential to affect a diverse set of
stakeholders, MTA developed and implemented a comprehensive
Communications and Coordination Plan during the development of the
project. FRA was not a cooperating agency because it had no involvement
with the project at that time.
    Subsequent to the release of the FEIS and ROD, MTA proposed several
design changes to the project. In each instance, MTA prepared a
technical memorandum identifying the need for design revisions and any
resulting potential environmental impacts. FTA then reviewed and
analyzed these MTA memoranda to determine if any additional NEPA review
was required. FTA analyzed the proposed design changes in FTA memoranda
and issued a letter to MTA finding in each case that the proposed
design changes would not result in additional significant impacts not
already analyzed in the FEIS, that the NEPA requirements as outlined in
23 CFR 771.130 were met, and that no supplemental environmental review
was required. The following table documents the technical memoranda and
decision dates by FTA.

----------------------------------------------------------------------------------------------------------------
                        MTA technical memoranda                                     FTA reevaluation
----------------------------------------------------------------------------------------------------------------
1. Technical Memorandum Assessing Potential Design Changes, February    Aug. 30, 2002.
 26, 2002.
2. Design Changes in Queens Revision 14-4M Environmental Analysis,      Apr. 13, 2006.
 November 2005.
3. Technical Memorandum Assessing Design Refinement: Tail Tracks        July 18, 2008.
 Ventilation Plenum and Grate, February 2008.
4. Technical Memorandum Assessing Design Changes: LIRR Concourse and    Mar. 3, 2010.
 Street Entrances, July 30, 2009.
5. Redundant Elevator for East Side Access Concourse, March 12, 2010..  Aug. 2, 2010.
6. 48th Street Entrance Design, October 6, 2011.......................  Nov. 23, 2011.
----------------------------------------------------------------------------------------------------------------

    Additionally, due to proposed modifications to the design of the
project near East 50th Street, FTA prepared the ``MTA Long Island Rail
Road East Side Access 50th Street Facility Revised Supplemental
Environmental Assessment to the East Side Access Final Environmental
Impact Statement'' (2006 EA) in April 2006, and issued the Finding of
No Significant Impact in July 2006.
    The Council on Environmental Quality (CEQ) regulations implementing
NEPA strongly encourage agencies to reduce paperwork and duplication,
40 CFR 1500.4. One of the methods identified by CEQ to accomplish this
goal is adopting the environmental documents prepared by other agencies
in appropriate circumstances, 40 CFR 1500.4(n), 1500.5(h), and 1506.3.
In instances where the actions covered by the original environmental
impact statement and the proposed action are substantially the same,
the agency adopting another agency's statement is not required to
recirculate it except as a final statement, 40 CFR 1506.3(b).
    FRA has conducted an independent review of the FEIS, the six MTA
technical memoranda with the subsequent FTA reevaluations, and the 2006
EA for the purpose of determining whether FRA could adopt FTA's
environmental review pursuant to 40 CFR 1506.3 and FRA's NEPA
implementing procedures, Procedures for Considering Environmental
Impacts, 64 FR 28545, May 26, 1999. First, FRA's review concluded that
the action encompassed by the MTA RRIF application is substantially the
same as the action documented in the 2001 EIS. The RRIF loan
application encompasses elements of the East Side Access project
covered by the 2001 EIS. Because specific elements for FRA financing
have not been determined, FRA is adopting the 2001 EIS in its entirety
to facilitate funding of multiple RRIF eligible elements of the
project. Second, the 2001 EIS and subsequent analyses adequately assess
the environmental impacts associated with the project. Although the
original FEIS is over 10 years old,\1\ there have been no changes to
the project that would result in significant environmental impacts that
were not evaluated in the FEIS. There is no new information or
circumstance that would result in significant environmental impacts not
already evaluated in the FEIS, as demonstrated by FTA's reevaluations
of modifications to the project since the issuance of the FEIS.
Therefore, because FTA's environmental review covers the same project
and adequately analyzes the impacts of the currently proposed project,
FRA has determined that no supplemental EIS or reevaluation under FRA's
implementing procedures is required. Third, the 2001 EIS meets the
standards of the CEQ regulations, 40 CFR Parts 1500-1508. Therefore,
FRA can adopt the 2001 EIS.
---------------------------------------------------------------------------

    \1\ See CEQ's Forty Most Asked Questions Concerning CEQ's NEPA
Regulations, 23 March 1981, number 32, which suggests a hard look at
EISs older than five years.
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    In addition to NEPA compliance, the 2001 FEIS incorporated the
analyses required for compliance with additional environmental
statutes, including Section 176(c) of the Clean Air Act (CAA), 42
U.S.C. 7506; the National Historic Preservation Act, 16 U.S.C. 470 et
seq.; and Section 4(f) of the Department of Transportation Act of 1966
(Section 4(f)), 49 U.S.C. 303. With respect to the CAA, FTA projects
must comply with the Transportation Conformity regulations, 40 CFR part
51 Subpart T and Part 93 Subpart A, and the 2001 EIS contains the
requisite analysis. However, FRA projects must comply with the General
Conformity regulations in accordance with 40 CFR 93.154. Generally, if
a project meets

Transportation Conformity, it will also satisfy General Conformity. FRA
reviewed the analysis in the 2001 EIS and confirmed with MTA that the
project remains within the current State Transportation Plan, which, on
January 3, 2012, received Federal approval for its conformity with the
State Implementation Plan. The East Side Access project has been in
continuous progress, is not considered a new action requiring
redeterminations, and satisfies General Conformity requirements in
accordance with 40 CFR part 51, Subpart W, and Part 93, Subpart B.
    FRA finds that the undertaking under Section 106 of the National
Historic Preservation Act is substantially the same as the undertaking
addressed by FTA. FTA, MTA, and the New York State Historic
Preservation Officer (NYSHPO) developed and executed a Programmatic
Agreement to address potential effects on historic properties. Because
of new project elements and modifications, the Programmatic Agreement
was amended in June 2006 to update the Areas of Potential Effect to
reflect additional archaeological and historic resources not covered in
the FEIS. FRA seeks to join the June 2006 Amended Programmatic
Agreement (2006 Amended PA) as a signatory for the project in its
entirety. FRA will become a signatory through the execution of
Amendment No. 3 to the 2006 Amended PA. By becoming a signatory, FRA
will be able to require MTA to comply with the 2006 Amended PA, as a
condition of an FRA RRIF loan, and monitor future design decisions
regarding historic resources, should FRA decide to approve a loan.
    Additionally, in the 2001 EIS, FTA evaluated the use of the
historic resources and made a determination pursuant to Section 4(f),
49 U.S.C. 303. Section 4(f) requires that projects undertaken by DOT
must avoid using parks, recreational areas, wildlife and waterfowl
refuges, or public and private historical sites unless there is no
feasible and prudent alternative, and the action includes all possible
planning to minimize harm to the Section 4(f) resource. FTA implemented
measures to avoid and minimize harm to the historic resources during
project development and design phases of the East Side Access project.
In addition, the 2006 Amended PA includes additional measures to
minimize harm to these resources. FRA is not aware of any adverse
effects to historic resources since the construction of the East Side
Access project began in 2001. FRA anticipates that FTA's Section 106
process following the 2006 Amended PA will continue the avoidance of
adverse effects from the undertaking to historic resources identified
in Exhibits A, B, and C of the 2006 Amended PA.
    In accordance with the Environmental Protection Agency's (EPA)
requirements regarding the filing of EISs, FRA has provided EPA with
electronic copies of FTA's 2001 EIS. EPA will publish a notice of
availability of the 2001 EIS in the Federal Register consistent with
its usual practices. Because of the multivolume size of the FEIS and
its continued availability in libraries in the affected community and
on the MTA's and FRA's Web sites, FRA is not republishing the document
on its own. This would be costly, defeat CEQ's goals of reducing
paperwork and duplication of effort, and be of little or no additional
value to other agencies or the public. The review period for the
adoption of the 2001 EIS shall extend for 30 calendar days following
publication of the EPA notice of availability.
    The final stage in the environmental review process under NEPA is
the issuance of a ROD describing the agency's decision and the basis
for it. Under the timelines included in the CEQ regulation, 40 CFR
1506.10, a ROD cannot be issued by an agency earlier than thirty days
after EPA publishes its Federal Register notice notifying the public of
the availability of the final EIS. Any ROD issued by FRA will be
consistent with 40 CFR 1505.2 and section 15 of FRA's Procedures for
Considering Environmental Impacts.
    Accordingly, FRA is adopting and recirculating the 2001 FEIS,
seeking to join the 2006 Amended PA, and has concluded that no
supplemental or additional environmental review is required to support
FRA's proposed action.

    Issued in Washington, DC, on July 2, 2012.
Paul Nissenbaum,
Associate Administrator, Office of Railroad Policy & Development.
[FR Doc. 2012-16669 Filed 7-5-12; 8:45 am]
BILLING CODE 4910-06-P


ATTACHMENT 2 SEPTEMBER 2002 THROUGH AUGUST 2003 AIR DISPERSION MODELING ANALYSIS OF APFO EMISSIONS DuPont Washington Works Facility Parkersburg, West Virginia Prepared for:

West Virginia Department of Environmental Protection Division of Air Quality 7012 MacCorkle Ave, SE Charleston, WV 25304 2943 Prepared by:

DuPont Engineering Technology ( DuET) Environmental Section Wilmington, DE 19898 October 17, 2003 RECEIVED OPPT NCIC 2003 October 28 8: 25AM OPPT 2003 0012 0225 September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 2 1. Introduction DuPont conducted air dispersion modeling of APFO  emissions from its Washington Works facility located near Parkersburg, WV. Modeling was conducted to predict long term ambient air concentrations of APFO resulting from actual plant emissions that occurred during the period of September, 2002 through August, 2003. This report describes the APFO emissions inventory used in the modeling analysis, the meteorological data, the dispersion model and modeling procedures, prediction locations ( receptor grid), and the results of the modeling analysis.

2. Emissions Inventory The following emission inventory information has been assembled in order to conduct the air quality modeling:

1. Stack locations 2. Stack heights 3. Stack diameters 4. Stack gas exit temperatures 5. Stack gas flow rate or exit velocities 6. Detailed plant layout, including all building dimensions 7. Sept. 1, 2002   Aug. 31, 2003 estimated actual APFO emissions All of the stack parameters are presented in Table 1, which shows the source representation for modeling purposes. The estimated actual emission rates of APFO, per source, are also presented in Table 1. Figure 1 presents the general locations of the APFO sources.

3. Meteorological Data One year of on site meteorological data for the calendar year 1996 was used in this study. Concurrent twice daily upper air data from the upper air observation station located in Wilmington, OH was used along with on site surface temperatures to obtain hourly mixing depths. Missing data and measured wind speeds of less than 1.0 m/ s were treated consistent with the recommendations made in the EPA's " Meteorological Monitoring Guidance for Regulatory Modeling Applications"( 1). An anemometer height of 10 meters was used for the modeling analysis.

4. Model Selection The area surrounding Washington Works is primarily non urban. The U. S. EPA procedures classify land use within 3 kilometers of the site by the Auer method( 2). Previous review of U. S. Geological Survey ( USGS) maps, aerial photographs, and site visits clearly indicated that the area is well over 50% non urban. The Washington Works facility is located within the Ohio River valley, and is surrounded by significant terrain features on both sides of this river valley. As a result, terrain elevations were considered in the modeling analysis.

  " APFO" means ammonium perfluorooctanoate, and for the purposes of this report includes the anion of the acid perfluorooctanoic acid ( PFOA). September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 3 The Industrial Source Complex Short Term Model ( ISCST3) was used as the primary model to estimate long term pollutant concentrations. ISCST3 is a steady state Gaussian model recommended by the U. S. EPA. It is included in the " Guideline on Air Quality Models"( 3), which is codified as Appendix W to 40 CFR Part 51. It is appropriate for modeling of pollutant emissions from multiple, industrial type sources subject to significant building downwash. The downwash algorithms in the ISCST3 model provide a representation of the aerodynamic downwash of a stack plume caused by complex building configurations typical of industrial facilities. Refined ISCST3 modeling was conducted using one year ( 1996) of sequential hourly meteorology from the on site observation facility, as described above.

5. Receptor Selection A Cartesian grid of receptors was utilized in this modeling analysis. This grid consisted of the following:

  Fenceline receptors with a 100 m spacing between receptors   Receptors beyond the fenceline with 100 m spacing on a 5 km by 7 km grid All receptors are located along or outside the plant fenceline.

A Cartesian receptor grid of this type is considerably more dense than recommended by the U. S. EPA in the Guidelines on Air Quality Models ( U. S. EPA, 1998) for modeling a facility of this type. Terrain elevations for each of the receptors were imported from electronic files obtained from the U. S. Geological Survey ( USGS) using the " highest" method to assign an elevation to each receptor. The receptor grid used in the modeling analysis is shown graphically in Figure 2.

6. Modeling Procedures The most recent version of ISCST3 ( version 02035) was used in the air quality dispersion modeling of all receptors. All model options were set to the U. S. EPA regulatory default version of ISCST3. The model was run in the rural mode since the land area in the immediate vicinity of Washington Works is more than 50% rural. Any effects of aerodynamic downwash caused by structures adjacent to each modeled stack were included in the ISCST3 modeling analysis along with a summary of the building downwash input files ( BPIP). Air quality dispersion modeling was conducted on an hour by hour basis using the one year of meteorological data described above. The APFO modeling results were summarized for the annual averaging time period.

7. Results The results of the modeling analysis indicate a maximum predicted annual average APFO concentration of 0.86 ug/ m3. This maximum is located along the northern property fenceline, along the Ohio River, at UTM 442043 E, 4346883 N. The maximum predicted APFO concentration in an area where people may reside is 0.18 ug/ m3. This prediction is located at UTM 442600 E, 4347600 N, on the Ohio side of the river. The results are presented graphically in Figure 3. September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 4 Table 1 *** POINT SOURCE DATA ***

BASE Emission STACK STACK STACK STACK SOURCE X Y ELEV. Rate HEIGHT TEMP. EXIT VEL. DIAMETER ID ( METERS) ( METERS) ( feet) ( lb/ hr) ( feet) ( DEG. F) ( ft/ sec) ( feet)

CEH 242 441954 4346741 659.4 6.13E 02 114.5 200.0 106.1 0.50 TIM 662 442025 4346847 636.5 0 149.9 172.0 40.2 1.33 TIE& TIF 699 442091 4346836 639.8 0.167 170.0 124.0 27.9 4.00 CFS 274 441787 4346744 656.2 0.1211 109.9 254.9 44.6 0.69 RO22EEF86 442069 4346627 629.9 0.00045 48.9 80.0 40.0 2.00 RO22EEF89 442063 4346635 629.9 0.00045 48.9 80.0 20.0 2.00 TIF 644 442084 4346835 639.8 0 59.1 110.9 169.8 1.50 THI 652 441920 4346767 649.6 0.0034 69.9 200.0 54.1 1.96 CDB 216 441960 4346788 659.4 0 60.0 158.1 34.5 1.30 RO22EEF6 442086 4346624 623.4 0.00045 46.9 80.0 30.0 2.50 RO22EEF87 442058 4346634 629.9 0.00045 48.9 80.0 10.0 2.00 THG 658 441923 4346756 649.6 0.0063 67.9 299.9 22.4 1.63 CFK 268 441774 4346753 643.0 4.00E 03 72.5 110.0 29.1 0.27 C1CA D 205 442310 4346800 656.2 0 6.7 70.0 84.9 0.50 CDT 231 441953 4346766 659.4 0.2226 81.0 130.0 28.4 0.67 CDW 232 441952 4346776 659.4 0.2255 93.2 130.0 23.6 0.67 TIV 697 442129 4346836 656.0 0.000114 45.0 66.0 15.2 1.67 TIF 694 442104 4346822 656.0 0.000114 45.0 66.0 15.2 1.67 TIE 647 442125 4346818 656.0 0 69.0 230.0 57.0 1.67 TIF 648 442109 4346805 656.0 0 69.0 230.0 57.0 1.67 September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 5 Figure 1 Source and Building Locations September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 6 Figure 2 Receptor Grid Used in the Modeling Analysis 439000 440000 441000 442000 443000 444000 445000 meters 4345000 4346000 4347000 4348000 4349000 meters September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 7 Figure 3 September 2002   August 2003 APFO Modeled Emissions Annual Average Concentrations ( ug/ m3)

Contour Interval 0.1 ug/ m3 September 2002 Through August 2003 Air Dispersion Modeling Analysis of APFO Emissions October 17, 2003 Page 8 References ( 1) U. S. EPA, Meteorological Monitoring Guidance for Regulatory Modeling Applications, EPA 454/ R 99 005, Office of Air Quality Planning and Standards, February, 2000.

( 2) Auer, A. H., " Correlation of Land Use Cover with Meteorological Anomalies", Journal of Applied Meteorology, Vol. 17, pp. 636 643, 1978.

( 3) U. S. EPA, Guideline on Air Quality Models ( Revised), EPA 450/ 2 78 027R C, 2001.