[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12379-12380]
[FR Doc No: 2018-05681]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3267-017]

ECOsponsible, LLC; Notice Of Intent To File License Application,
Filing of Pre-Application Document, and Approving Use of The
Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 3267-017.
    c. Date Filed: August 14, 2017.
    d. Submitted By: ECOsponsible, LLC.
    e. Name of Project: Ballard Mill Hydroelectric Project.
    f. Location: On the Salmon River, in Franklin County, New York. No
federal lands are occupied by the project works or located within the
project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Dennis Ryan, Manager, ECOsponsible,

LLC, P.O. Box 114, West Falls, New York 14170;<PHONE_NUMBER>; email_
[email protected]
    i. FERC Contact: Chelsea Hudock at<PHONE_NUMBER>; or email at
[email protected].
    j. ECOsponsible, LLC filed its request to use the Traditional
Licensing Process on August 14, 2017. ECOsponsible, LLC provided public
notice of its request on August 17, 2017. In a letter dated March 15,
2018, the Director of the Division of Hydropower Licensing approved
ECOsponsible, LLC's request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service under section 7 of the Endangered
Species Act and the joint agency regulations thereunder at 50 CFR, Part
402; and NOAA Fisheries under section 305(b) of the Magnuson-Stevens
Fishery Conservation and Management Act and implementing regulations at
50 CFR 600.920. We are also initiating consultation with the New York
State Historic Preservation Officer, as required by section 106,
National Historic Preservation Act, and the implementing regulations of
the Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating ECOsponsible, LLC as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. ECOsponsible, LLC filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the eLibrary link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for an exemption and, if the project does not qualify for
an exemption, a new license for Project No. 3267. Pursuant to 18 CFR
16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by March 31,
2020.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: March 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-05681 Filed 3-20-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Rules and Regulations]
[Pages 16570-16573]
[FR Doc No: 2023-05597]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0729; FRL-10603-01-OCSPP]

Azoxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
azoxystrobin in or on mango, papaya, and oil palm. Syngenta Crop
Protection, LLC requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective March 20, 2023. Objections and
requests for hearings must be received on or before May 19, 2023 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0729, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Daniel Rosenblatt, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0729 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
May 19, 2023. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0729, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of May 20, 2022 (87 FR 30856) (FRL-9410-
13), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
1F8946) by Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box
18300, Greensboro, NC 27419. The petition requested that 40 CFR 180.507
be amended by establishing an import tolerance for residues of the
fungicide azoxystrobin, methyl (E)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl]-3-methoxyacrylate, in or on palm, oil at 0.06 parts per
million (ppm). The petition also requested to amend tolerances in 40
CFR 180.507 for residues of the fungicide azoxystrobin in or on mango
at 4 ppm and papaya at 6 ppm. The May 20, 2022, notice of filing
referenced a summary of the petition prepared by Syngenta Crop
Protection, LLC, the registrant, which is available in the docket,
https://www.regulations.gov. There were no comments received in
response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for azoxystrobin including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with azoxystrobin follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings and republishing the same sections is
unnecessary. EPA considers referral back to those sections as
sufficient to provide an explanation of the information EPA considered
in making its safety determination for the new rulemaking.
    EPA has previously published a tolerance rulemaking for
azoxystrobin, most recently on November 15, 2018, in which EPA
concluded, based on the available information, that there is a
reasonable certainty that no harm would result from aggregate exposure
to azoxystrobin and established tolerances for residues of that
pesticide chemical. EPA is incorporating previously published sections
from the 2018 rulemaking as described further in this rulemaking, as
they remain unchanged.

A. Toxicological Profile

    For a discussion of the toxicological profile of azoxystrobin, see
Unit III.A. of the 2018 rulemaking (83 FR 57333) (FRL-9985-45).

B. Toxicological Points of Departure/Levels of Concern

    For a summary of the toxicological points of departure/levels of
concern used for the safety assessment, see Unit III.B. of the 2018
rulemaking.

C. Exposure Assessment

    Much of the exposure assessment remains the same, although updates
have occurred to accommodate exposures from the petitioned-for
tolerances. The updates are discussed in this section; for a
description of the rest of the EPA approach to and assumptions for the
exposure assessment, see Unit III.C. of the 2018 rulemaking.
    Dietary exposure from food and feed uses. EPA's dietary exposure
assessments have been updated to include the increased exposure from
the amended tolerances of azoxystrobin on mango and papaya and the
additional exposure associated with the import tolerance on palm oil.
For the acute dietary exposure assessment, EPA used tolerance-level
residues for all commodities, except citrus fruits (which used the
highest residues from residue trials), 100 percent crop treated (PCT)
for all commodities, and default processing factors with the Dietary
Exposure Evaluation Model (DEEM) for all commodities except where
tolerances were established for processed commodities. For the chronic
dietary exposure assessment, EPA used tolerance-level residues for all
commodities, 100 PCT for all commodities, and default processing
factors with DEEM for all commodities except where tolerances were
established for processed commodities.
    Anticipated residue and percent crop treated (PCT) information. EPA
did not use anticipated residue and/or PCT information in the dietary
assessment for azoxystrobin. Tolerance-level residues and/or 100 PCT
were assumed for all food commodities.
    Drinking water, non-occupational, and cumulative exposures.
Drinking water exposures and residential (non-occupational) exposures
are not impacted by the amended uses and import tolerance in this
action. Since the last rulemaking in 2018, Registration Review was
completed for azoxystrobin, resulting in updated estimated drinking
water concentrations (EDWCs). The dietary risk assessment for this
petition used the updated surface water EDWCs of 69.4 ppb for acute
exposure and 20.7 ppb for chronic exposure, which were calculated with
the Surface Water Concentration Calculator (SWCC).
    Azoxystrobin is currently registered for use on turf, ornamentals,
and antimicrobial uses as a materials preservative in paints and
plastics that could result in residential exposures. The residential
risk estimate that was used in the aggregate assessment is hand-to-
mouth incidental oral exposures to preserved vinyl flooring for
children aged 1 to less than 2 years old. EPA's conclusions concerning
cumulative risk remain unchanged from the 2018 rulemaking.

D. Safety Factor for Infants and Children

    EPA continues to conclude that there is reliable data to support
the reduction of the Food Quality Protection Act (FQPA) safety factor
to 1X for all exposure scenarios except acute exposure. For assessing
acute dietary risk, EPA continues to retain an FQPA factor of 3X. See
Unit III.D. of the 2018 rulemaking for a discussion of the Agency's
rationale for that determination.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate points of departure (PODs)
to ensure that an adequate margin of exposure (MOE) exists.
    Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD; they are 29% of the aPAD for children 1 to 2 years old,
the population group receiving the greatest exposure. Chronic dietary
risks are below the Agency's level of concern of 100% of the cPAD; they
are 66% of the cPAD for children 1 to 2 years old, the population group
receiving the greatest exposure.
    The Agency analyzed short-term aggregate risk by aggregating
chronic dietary (food and drinking water) exposure with incidental oral
hand-to-mouth post-application exposure to children 1 to <2 years old
from preserved vinyl flooring. EPA has concluded the combined short-
term

food, water, and residential exposures result in an aggregate MOE of
200 for children 1 to <2 years old. Because EPA's level of concern for
azoxystrobin is an MOE of less than 100; this MOE is not of concern.
    As stated in Unit III. E. of the 2018 rulemaking, azoxystrobin is
not expected to pose an intermediate-term risk; therefore, the
intermediate-term aggregate risk would be equivalent to the chronic
dietary exposure estimate.
    Based on the lack of evidence of carcinogenicity in two acceptable
rodent carcinogenicity studies, azoxystrobin is not expected to pose a
cancer risk to humans.
    Therefore, based on these risk assessments and information
described above, EPA concludes that there is a reasonable certainty
that no harm will result to the general population, or to infants and
children from aggregate exposure to azoxystrobin residues. More
detailed information can be found at https://www.regulations.gov in the
document titled ``Azoxystrobin. Human Health Risk Assessment for the
Establishment of Tolerances for Residues in/on Mango and Papaya and
Establishment of a Tolerance for Residues in/on Imported Palm Oil.'' in
docket ID number EPA-HQ-OPP-2021-0729.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the 2018 rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex.
    The Codex has established MRLs for azoxystrobin in or on mango at
0.7 ppm and papaya at 0.3 ppm, which are lower than the current U.S.
tolerances for residues of azoxystrobin in or on mango at 2.0 ppm and
papaya at 2.0 ppm. The petitioner requested increasing the tolerance
for mango to 4 ppm and the tolerance for papaya to 6 ppm to support the
import of these commodities from other countries. The residue data
support the increased tolerances. Codex has not established an MRL for
residues of azoxystrobin in or on palm oil.

V. Conclusion

    Therefore, an import tolerance is established for residues of
azoxystrobin, methyl (E)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl]-3-methoxyacrylate, in or on palm, oil at 0.06 ppm, and
existing tolerances are amended for azoxystrobin residues in or on
mango at 4 ppm and papaya at 6 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999), and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000), do not apply to this action. In addition,
this action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: March 14, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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

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

0
2. In Sec.  180.507, in paragraph (a)(1) amend the table by:
0
a. Adding a heading for the table;
0
b. Revising the entry for ``Mango'';
0
c. Adding in alphabetical order the entry ``Palm, oil'';
0
d. Revising the entry for ``Papaya''; and
0
e. Adding footnote 2 at the end of the table.
    The additions and revisions read as follows:

Sec.  180.507  Azoxystrobin; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Mango...................................................               4

                                * * * * *
Palm, oil \2\...........................................            0.06
Papaya..................................................               6

                                * * * * *
------------------------------------------------------------------------
 * * * * * * *
\2\ There are no U.S. registrations on palm, oil as of March 20, 2023.

* * * * *
[FR Doc. 2023-05597 Filed 3-17-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Proposed Rules]
[Pages 2618-2625]
[FR Doc No: 2011-749]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2010-0738; FRL-9253-1]

Minnesota: Final Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Minnesota 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 Minnesota's application with
regards to Federal requirements, and is proposing to authorize the
State's changes.

DATES: Comments on this proposed rule must be received on or before
February 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2010-0738 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Gary Westefer, Minnesota 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-2010-0738. 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters 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 http://www.regulations.gov index. Although listed in the index, some of the
information is not publicly available, e.g., CBI or other information
for which 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 Minnesota'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: Gary Westefer (312) 886-
7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North,
St. Paul, Minnesota 55515, contact: Nathan Cooley<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota 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 request 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 Minnesota's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Minnesota final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Minnesota 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 Minnesota, 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, once finalized, is that a facility in
Minnesota subject to RCRA would have to comply with the authorized
State requirements instead of the equivalent Federal requirements in
order to comply with RCRA. Minnesota has enforcement responsibilities
under its State hazardous waste program for RCRA violations, 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; and
    1. Enforce RCRA requirements and suspend or revoke permits.
    This action will not impose additional requirements on the
regulated community because the regulations for which Minnesota is
being authorized are already effective, and will not be changed by
EPA's final action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on 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 Minnesota previously been authorized for?

    Minnesota initially received Final (base) authorization on January
28, 1985, effective February 11, 1985 (50 FR 3756) to implement the
RCRA hazardous waste management program. We granted authorization for
changes to Minnesota's program on July 20, 1987, effective September
18, 1987 (52 FR 27199); on April 24, 1989, effective June 23, 1989 (54
FR 16361) amended June 28, 1989 (54 FR 27170); on June 15, 1990,
effective August 14, 1990 (55 FR 24232); on June 24, 1991, effective
August 23, 1991 (56 FR 28709); on March 19, 1992, effective May 18,
1992 (57 FR 9501); on March 17, 1993, effective May 17, 1993 (58 FR
14321); on January 20, 1994, effective March 21, 1994 (59 FR 2998); and
on May 25, 2000, effective August 23, 2000 (65 FR 33774). Minnesota
also received authorization for the U.S. Filter Recovery Services
Project XL on May 22, 2001, effective May 22, 2001 (66 FR 28085), and
for the Joint Powers Agreement with Hennepin County on October 23, 2008
(73 FR 63074), effective October 23, 2008.

F. What changes are we proposing with today's action?

    On June 2, 2010, Minnesota submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We are now proposing to authorize,
subject to receipt of written comments that oppose this action,
Minnesota's hazardous waste program revision. We propose to grant
Minnesota final authorization for the following program changes:

             Minnesota's Analogs to the Federal Requirements
------------------------------------------------------------------------
                                 Federal Register
    Description of Federal        date and page
requirement (include checklist     (and/or RCRA       Analogous State
       No., if relevant)            statutory            authority
                                    authority)
------------------------------------------------------------------------
Land Disposal Restrictions for  August 19, 1991,   MR 7045.0125,4,K;
 Electric Arc Furnace Dust       56 FR 41164.       7045.0214,3,E;
 (K061) Checklist 95.                               7045.1390; Effective
                                                    June 22, 2009.
Liners and Leak Detection       January 29, 1992,  MR 7001.0150;
 Systems for Hazardous Waste     57 FR 3462.        7001.0590;
 Land Disposal Units Checklist                      7001.0600;
 100.                                               7001.0620;
                                                    7001.0720; MR
                                                    7045.0219;
                                                    7045.0220;
                                                    7045.0452;
                                                    7045.0461;
                                                    7045.0478;
                                                    7045.0532(3),(4),(5)
                                                    ,(7); 7045.0534;
                                                    7045.0534(4),(5),(6)
                                                    ; 7045.0538;
                                                    7045.0538(4),(5);
                                                    7045.0556;
                                                    7045.0556(8);
                                                    7045.0584;
                                                    7045.0630;
                                                    7045.0630(5),(6);
                                                    7045.0632;
                                                    7045.0632(4),(8),(9)
                                                    ; 7045.0638;
                                                    7045.0638(2);
                                                    Effective June 22,
                                                    2009.

Hazardous Waste Management      July 10, 1992, 57  MR 7045.0075;
 System; Identification and      FR 30657.          7045.0100;
 Listing of Hazardous Waste;                        7045.0102;
 Toxicity Characteristic;                           7045.0120;
 Corrections Checklist 108.                         7045.0121;
                                                    7045.0638; Effective
                                                    June 22, 2009.
Land Disposal Restrictions for  August 18, 1992,   MR 7001.0550(K);
 Newly Listed Wastes and         57 FR 37194.       7001.0560(B);
 Hazardous Debris Checklist                         7001.0650(5)(F)(6);
 109.                                               MR 7045.0219;
                                                    7045.0214(3)(E),(F),
                                                    (G);
                                                    7045.0292(1)(B);
                                                    7045.0490(1)(D);
                                                    7045.0486(2),(3);
                                                    7045.0498(1)(D);
                                                    7045.0502(1);
                                                    7045.0551;
                                                    7045.0594(1);
                                                    7045.0600(1),(2);
                                                    7045.0608(1);
                                                    7045.0610(1);
                                                    7045.0630(2);
                                                    7045.0651;
                                                    7045.1390; Effective
                                                    June 22, 2009.
Identification and Listing of   August 18, 1992,   MR 7045.0125(4)(F);
 Hazardous Waste; CERCLA         57 FR 37284.       7045.0135(1a),(C),(M
 Hazardous Designation;                             ); Effective June
 Reportable Quantity                                22, 2009.
 Adjustment; Coke By-Product
 Wastes Checklist 110.
Consolidated Liability
 Requirements:
    Financial Responsibility    September 16,      MR
     for Third Party             1992, 57 FR        7045.0504(7)(L),(M);
     Liability, Closure and      42832.             7045.0518;
     Post-Closure Checklist                         7045.0524;
     113.                                           7045.0608(2);
                                                    7045.0614;
                                                    7045.0620; Effective
                                                    June 22, 2009.
    Standards Applicable to     September 1,
     Owners and Operators of     1988, 53 FR
     Hazardous Waste             33938.
     Treatment, Storage, and
     Disposal Facilities;
     Liability Coverage
     Checklist 113.1.
    Liability Requirements;     July 1, 1991, 56
     Technical Amendment         FR 30200.
     Checklist 113.2.
Hazardous Waste Management      October 15, 1992,  MR
 System; Identification and      57 FR 47376.       7045.0135(1a)(C),(M)
 Listing of Hazardous Waste                         ; Effective June 22,
 and CERCLA Hazardous                               2009.
 Designation; Reportable
 Quantity Adjustment;
 Chlorinated Toluenes
 Production Wastes Checklist
 115.
Hazardous Waste Management      October 20, 1992,  MR 7045.1390;
 System; Land Disposal           57 FR 47772.       Effective June 22,
 Restrictions; Case-By-Case                         2009.
 Capacity Variance Checklist
 116.
Hazardous Waste Management      June 1, 1992, 57   MR 7045.0102(2);
 System; Definition of           FR 23062.          Effective June 22,
 Hazardous Waste; Mixture and                       2009.
 Derived-From Rules Checklist
 117B.
Hazardous Waste Management;     November 18,       MR 7045.0020(84a);
 Liquids in Landfills II         1992, 57 FR        7045.0458(2)(G)(3);
 Checklist 118.                  54452.             7045.0538(10),(12);
                                                    7045.0564(2)(G)(3);
                                                    7045.0638(7),(9);
                                                    Effective June 22,
                                                    2009.
Corrective Action Management    February 16,       MR 7001.0510;
 Units and Temporary Units;      1993, 58 FR 8658.  7001.0720;
 Corrective Action Units Under                      7045.0020;
 Subtitle C Checklist 121.                          7045.0219;
                                                    7045.0220;
                                                    7045.0485;
                                                    7045.0545;
                                                    7045.0552; Effective
                                                    October 2, 1995.
Land Disposal Restrictions;     May 14, 1993, 58   MR 7045.1390;
 Renewal of the Hazardous        FR 28506.          Effective June 22,
 Waste Debris Case-By-Case                          2009.
 Capacity Variance Checklist
 123.
Land Disposal Restrictions for  May 24, 1993, 58   MR 7045.0450(3)(E);
 Ignitable and Corrosive         FR 29860.          7045.0552(3)(F);
 Characteristic Wastes Whose                        7045.1390; Effective
 Treatment Standards Were                           June 22, 2009.
 Vacated Checklist 124.
Hazardous Waste Management      August 31, 1993,   MR 7001.0510;
 System; Testing and             58 FR 46040.       7045.0630(C);
 Monitoring Activities                              7001.0700(3)(A)(3-5)
 Checklist 126 as amended.                          ; MR 7045.0065(1);
                                                    7045.0075(2)(E)(1)(a
                                                    );
                                                    7045.0131(4)(A),(B);
                                                    7045.0131(7)(A);
                                                    7045.0135(1);
                                                    7045.0528(1)(A);
                                                    7045.0538(10)(C);
                                                    7045.0628(1)(A);
                                                    7045.0638(7)(B);
                                                    7045.1390; Effective
                                                    June 22, 2009.
Checklist 126.1...............  September 19,
                                 1994, 59 FR
                                 47980.
Hazardous Waste Management      January 4, 1994,   MR 7045.0065;
 System; Identification and      59 FR 458.         7045.0135(1a)(N);
 Listing of Hazardous Waste;                        Effective June 22,
 Wastes From Wood Surface                           2009.
 Protection Checklist 128.
Recordkeeping Instructions;     March 24, 1994,    MR 7045.0543(1)(A);
 Technical Amendment Checklist   59 FR 13891.       7045.0643(1)(A);
 131.                                               7045.0645(1)(A);
                                                    Effective June 22,
                                                    2009.
Hazardous Waste Management      June 2, 1994, 59   MR 7045.0065(1);
 System; Identification and      FR 28484.          Effective June 22,
 Listing of Hazardous Waste;                        2009.
 Wastes from Wood Surface
 Protection; Correction
 Checklist 132.
Hazardous Waste Management      June 20, 1994, 59  MR
 System; Correction of Listing   FR 31551.          7045.0135(1a)(D),(N)
 of P015--Beryllium Powder                          ; 7045.1390;
 Checklist 134.                                     Effective June 22,
                                                    2009.
Standards for the Management    August 24, 1994,   MR 7045.0665(1)(B);
 of Specific Hazardous Wastes;   59 FR 43496.       7045.1390; Effective
 Amendment to Subpart C--                           June 22, 2009.
 Recyclable Materials Used in
 a Manner Constituting
 Disposal; Final Rule
 Checklist 136.

Land Disposal Restrictions      September 19,      MR 7045.0075(3),(4)
 Phase II--Universal Treatment   1994, 59 FR        MR7045.0450(3)(E);
 Standards, and Treatment        47982.             7045.0552(3)(F);
 Standards for Organic                              7045.0665(4)(B);
 Toxicity Characteristic                            7045.1390 Minnesota
 Wastes and Newly Listed                            Stat. 116.06(11)
 Wastes.                                            3745-266-106; 3745-
                                                    266-107; Effective
                                                    June 22, 2009.
Checklist 137 as amended......  January 3, 1995,
                                 60 FR 242.
Checklist 137.1...............
Universal Waste Rule: General   May 11, 1995, 60   MR 7001.0520(2)(N);
 Provisions Checklist 142A.      FR 25492.          MR 7045.0020;
                                                    7045.0120(2)(E);
                                                    7045.0206(5)(G);
                                                    7045.0208(1)(G);
                                                    7045.0214(1);
                                                    7045.0450(3)(L);
                                                    7045.1400; Effective
                                                    July 25, 2005.
Universal Waste Rule: Specific  May 11, 1995, 60   MR 7045.0685(1);
 Provisions for Batteries        FR 25492.          7045.1400; Effective
 Checklist 142B.                                    July 25, 2005.
Universal Waste Rule: Specific  May 11, 1995, 60   MR 7045.1400;
 Provisions for Pesticides       FR 25492.          Effective July 25,
 Checklist 142C.                                    2005.
Universal Waste Rule: Specific  May 11, 1995, 60   MR 7045.1400;
 Provisions for Thermostats      FR 25492.          Effective July 25,
 Checklist 142D.                                    1995.
Universal Waste Rule:           May 11, 1995, 60   MR 7045.1400;
 Provisions for Petitions to     FR 25492.          Effective July 25,
 Add a New Universal Waste                          2005.
 Checklist 142E.
Land Disposal Restrictions      April 8, 1996, 61  MR 7045.1390;
 Phase III--Decharacterized      FR 15566.          Effective June 22,
 Wastewaters, Carbamate                             2009.
 Wastes, and Spent Potliners
 Checklist 151 as amended.
Checklist 151.1 as amended....  April 8, 1996, 61
                                 FR 15566.
Checklist 151.2 as amended....  April 30, 1996,
                                 61 FR 19117.
Checklist 151.3 as amended....  June 28, 1996, 61
                                 FR 33680.
Checklist 151.4 as amended....  July 10, 1996, 61
                                 FR 36419.
Checklist 151.5 as amended....  August 26, 1996,
                                 61 FR 43924.
Checklist 151.6...............  February 19,
                                 1997, 62 FR 7502.
Imports and Exports of          April 12, 1996,    MR 7045.0125;
 Hazardous Waste:                61 FR 16290.       7045.0211;
 Implementation of OECD                             7045.0213;
 Council Decision C(92)39                           7045.0302(2),(4),(6)
 Concerning the Control of                          ; 7045.0351;
 Transfrontier Movements of                         7045.0355;
 Wastes Destined for Recovery                       7045.0375;
 Operations Checklist 152.                          7045.0452;
                                                    7045.0474;
                                                    7045.0556;
                                                    7045.0578;
                                                    7045.0675;
                                                    7045.1400; Effective
                                                    June 22, 2009.
Criteria for Classification of  July 1, 1996, 61   MR 7045.0219;
 Solid Waste Disposal            FR 34252.          Effective June 22,
 Facilities and Practices;                          2009.
 Identification and Listing of
 Hazardous Waste; Requirements
 for Authorization of State
 Hazardous Waste Programs
 Checklist 153.
Hazardous Waste Treatment,      November 25,       MR
 Storage and Disposal            1996, 61 FR        7001.0150(3)(P)(3),(
 Facilities and Hazardous        59931.             4); 7001.0560(E);
 Waste Generators; Organic Air                      7001.0570(G);
 Emissions Standards for                            7001.0580(K);
 Tanks, Surface Impoundments,                       7001.0590(N);
 and Containers Checklist 154                       7001.0635; MR
 as amended.                                        7045.0065(1);
                                                    7045.0125(9);
                                                    7045.0292;
                                                    7045.0452(5)(C);
                                                    7045.0458(2);
                                                    7045.0478(3);
                                                    7045.0482(4)(C);
                                                    7045.0526(10);
                                                    7045.0528(12);
                                                    7045.0532(11);
                                                    7045.0539(2);
                                                    7045.0547;
                                                    7045.0548;
                                                    7045.0549;
                                                    7045.0564(2);
                                                    7045.0556(5)(C);
                                                    7045.0584(3);
                                                    7045.0588(4)(D);
                                                    7045.0626(9);
                                                    7045.0628(13);
                                                    7045.0630(9);
                                                    7045.0647;
                                                    7045.0648;7045.0649;
                                                    Effective June 22,
                                                    2009.
Checklist 154.1 as amended....  December 6, 1994,
                                 59 FR 62896.
Checklist 154.2 as amended....  May 19, 1995, 60
                                 FR 26828.
Checklist 154.3 as amended....  September 29,
                                 1995, 60 FR
                                 50426.
Checklist 154.4 as amended....  November 13,
                                 1995, 60 FR
                                 56952.
Checklist 154.5 as amended....  February 9, 1996,
                                 61 FR 4903.
Checklist 154.6...............  June 5, 1996, 61
                                 FR 28508.
Land Disposal Restrictions      January 14, 1997,  MR 7045.1390;
 Phase III--Emergency            62 FR 1992.        Effective June 22,
 Extension of the K088                              2009.
 Capacity Variance Checklist
 155.
Land Disposal Restrictions      May 12, 1997, 62   MR 7045.0020;
 Phase IV; Treatment Standards   FR 25998.          7045.0120(2)(E),(F);
 for Wood Preserving Wastes,                        7045.0125(4)(C);
 Paperwork Reduction and                            7045.1390; Minnesota
 Streamlining, Exemptions From                      Stat. 116.06(11);
 RCRA for Certain Processed                         Effective June 22,
 Materials; and Miscellaneous                       2009.
 Hazardous Waste Provisions
 Checklist 157.

Hazardous Waste Management      June 17, 1997, 62  MR 7045.0135;
 System; Carbamate Production,   FR 32974.          7045.1390; Effective
 Identification and Listing of                      June 22, 2009.
 Hazardous Waste; Land
 Disposal Restrictions
 Checklist 159.
Land Disposal Restrictions      July 14, 1997, 62  MR 7045.1390;
 Phase III--Emergency            FR 37694.          Effective June 22,
 Extension of the K088                              2009.
 National Capacity Variance,
 Amendment Checklist 160.
Second Emergency Revision of    August 28, 1997,   MR 7045.1390;
 the Land Disposal               62 FR 45568.       Effective June 22,
 Restrictions (LDR) Treatment                       2009.
 Standards for Listed
 Hazardous Wastes From
 Carbamate Production
 Checklist 161.
Classification of Standards     December 5, 1997,  MR 7045.1390;
 for Hazardous Waste Land        62 FR 64504.       Effective June 22,
 Disposal Restriction                               2009.
 Treatment Variances Checklist
 162.
Hazardous Waste Treatment,      December 8, 1997,  MR 7001.0560(E); MR
 Storage and Disposal            62 FR 64636.       7045.0452(5)(C);
 Facilities and Hazardous                           7045.0478(3)(H);
 Waste Generators; Organic Air                      7045.0547;
 Emissions Standards for                            7045.0548;
 Tanks, Surface Impoundments,                       7045.0549;
 and Containers; Clarification                      7045.0556(4)(C);
 and Technical Amendment                            7045.0584(3)(H);
 Checklist 163.                                     7045.0643(1)(F);
                                                    7045.0647;
                                                    7045.0648;
                                                    7045.0649; Effective
                                                    June 22, 2009.
Land Disposal Restrictions      May 26, 1998, 63   MR 7045.1390;
 Phase IV; Treatment Standards   FR 28556.          Effective June 22,
 for Metal Wastes and Mineral                       2009.
 Processing Wastes Checklist
 167A.
Land Disposal Restrictions      May 26, 1998, 63   MR 7045.1390;
 Phase IV; Hazardous Soils       FR 28556.          Effective June 22,
 Treatment Standards and                            2009.
 Exclusions Checklist 167B.
Land Disposal Restrictions      May 26, 1998, 63   MR 7045.1390;
 Phase IV; Corrections           FR 28556.          Effective June 22,
 Checklist 167C as amended.                         2009.
Checklist 167C.1..............  June 8, 1998, 63
                                 FR 31266.
Minerals Processing Secondary   May 26, 1998, 63   MR 7045.1390;
 Materials Exclusion Checklist   FR 28556.          Effective June 22,
 167D.                                              2009.
Bevill Exclusion Revisions and  May 26, 1998, 63   MR
 Clarification Checklist 167E.   FR 28556.          7045.0102(2)(H),(I);
                                                    7045.0120(1)(I);
                                                    Effective June 22,
                                                    2009.
Exclusion of Recycled Wood      May 26, 1998, 63   MR 7045.0120(1)(T);
 Preserving Wastewaters          FR 28556.          Effective June 22,
 Checklist 167F.                                    2009.
Hazardous Waste Combustors;     June 19, 1998, 63  MR
 Revised Standards; Final Rule-  FR 33782.          7001.0650(5)(F)(7);
 Part 1-RCRA Comparable Fuel                        7001.0730(6); MR
 Exclusion; Permit                                  7045.0120(2)(E);
 Modifications for Hazardous                        Effective June 1,
 Waste Combustion Units;                            2004.
 Notification of Intent to
 Comply; Waste Minimization
 and Pollution Prevention
 Criteria for Compliance
 Extensions Checklist 168.
Hazardous Waste Management      August 6, 1998,    MR 7045.0075;
 System; Identification and      63 FR 42110.       7045.0100;
 Listing of Hazardous Waste;                        7045.0102;
 Petroleum Refining Process                         7045.0120;
 Wastes; Land Disposal                              7045.0121;
 Restrictions for Newly                             7045.0124;
 Identified Wastes; and CERCLA                      7045.0125;
 Hazardous Substance                                7045.0135(2),(3);
 Designation and Reportable                         7045.0141;
 Quantities Checklist 169.                          7045.1390; Effective
                                                    June 22, 2009.
Hazardous Waste Recycling;      August 31, 1998,   MR 7045.1390;
 Land Disposal Restrictions      63 FR 46332.       Effective June 22,
 Phase IV Zinc Micronutrient                        2009.
 Fertilizers, Administrative
 Stay Checklist 170.
Emergency Revisions of the      September 4,       MR 7045.1390;
 Land Disposal Restrictions      1998, 63 FR        Effective June 22,
 (LDR) Treatment Standards for   47409.             2009.
 Listed Hazardous Wastes From
 Carbamate Production
 Checklist 171.
Characteristic Slags Generated  September 9,       MR 7045.1390;
 From Thermal Recovery of Lead   1998, 63 FR        Effective June 22,
 by Secondary Lead Smelters;     48124.             2009.
 Land Disposal Restrictions;
 Final Rule; Extension of
 Compliance Date Checklist 172.
Land Disposal Restrictions      September 24,      MR 7045.1390;
 (LDR) Treatment Standards for   1998, 63 FR        Effective June 22,
 Spent Potliners from Primary    51254.             2009.
 Aluminum Reduction (K088)
 Checklist 173.
Standards Applicable to Owners  October 22, 1998,  MR 7001.0500;
 and Operators of Closed and     63 FR 56710.       7001.0520;
 Closing Hazardous Waste                            7001.0560;
 Management Facilities: Post-                       7001.0640; MR
 Closure Permit Requirement                         7045.0060;
 and Closure Process; Final                         7045.484(1);
 rule Checklist 174.                                7045.486; 7045.0490;
                                                    7045.0498;
                                                    7045.0590;
                                                    7045.0594; 7045.600;
                                                    7045.0602(2);
                                                    7045.0608(1);
                                                    7045.628; 7045.0630;
                                                    7045.0670(2);
                                                    Effective February
                                                    14, 2005.
Hazardous Remediation Waste     November 30,       MR 7001.0060;
 Management Requirements (HWIR-  1998, 63 FR        7001.0070;
 Media) Checklist 175.           65874.             7001.0190;
                                                    7001.0510;
                                                    7001.0720;
                                                    7001.0650(7); MR
                                                    7045.0020;
                                                    7045.0075;
                                                    7045.0100;
                                                    7045.0102;
                                                    7045.0120;
                                                    7045.0121;
                                                    7045.0219;
                                                    7045.0220;
                                                    7045.0450;
                                                    7045.0478;
                                                    7045.0485;
                                                    7045.0545;
                                                    7045.0552;
                                                    7045.1390; Effective
                                                    February 14, 2005.

Universal Waste Rule--          December 24,       MR 7045.0685;
 Technical Amendments            1998, 63 FR        7045.1400; Effective
 Checklist 176.                  71225.             July 25, 2005.
Hazardous Waste Treatment,      January 21, 1999,  MR 7045.0547;
 Storage and Disposal            64 FR 3381.        7045.0549;
 Facilities and Hazardous                           7045.0649; Effective
 Waste Generators; Organic Air                      June 22, 2009.
 Emissions Standards for
 Tanks, Surface Impoundments,
 and Containers Checklist 177.
Land Disposal Restrictions      May 11, 1999, 64   Minnesota Stat.
 Phase IV: Treatment Standards   FR 25408.          166.06(11); MR
 for Wood Preserving Wastes,                        7045.0120(1);
 Treatment Standards for Metal                      7045.0292(5)(G);
 Wastes, Zinc Micronutrient                         7045.1390; Effective
 Fertilizers, Carbamate                             June 22, 2009.
 Treatment Standards, and K088
 Treatment Standards Checklist
 179.
Hazardous Waste Management      July 6, 1999, 64   MR 7001.0500;
 System; Modification of the     FR 36466.          7001.0520; MR
 Hazardous Waste Program;                           7045.0219;
 Hazardous Waste Lamps; Final                       7045.0220;
 Rule Checklist 181.                                7045.0450;
                                                    7045.0552;
                                                    7045.1300;
                                                    7045.1400; Effective
                                                    July 25, 2005.
Land Disposal Restrictions      October 20, 1999,  MR 7045.0135(1)(C);
 Phase IV: Final Rule            64 FR 56469.       7045.0292(1)(G);
 Promulgating Treatment                             7045.1390; Effective
 Standards for Metal Wastes,                        June 22, 2009.
 and Mineral Processing
 Wastes; Mineral Processing
 Secondary Materials and
 Bevill Exclusion Issues;
 Treatment Standards for
 Hazardous Soils, and
 Exclusion of Recycled Wood
 Preserving Wastewaters
 Checklist 183.
Organobromine Production        March 17, 2000,    MR 7045.0135(1);
 Wastes; Identification and      65 FR 14472.       7045.1390; Effective
 Listing of Hazardous Waste;                        June 22, 2009.
 Land Disposal Restrictions;
 Listing of CERCLA Hazardous
 Substances, Reportable
 Quantities Checklist 185.
Organobromine Production        June 8, 2000, 65   MR 7045.0135(1)(B);
 Wastes; Petroleum Refining      FR 36365.          7045.1390; Effective
 Wastes; Land Disposal                              June 22, 2009.
 Restrictions; Checklist 187.
Hazardous Waste Management      November 8, 2000,  MR 7045.0135(1);
 System; Identification and      65 FR 67068.       7045.1390; Effective
 Listing of Hazardous Waste;                        June 22, 2009.
 Chlorinated Aliphatics
 Production Wastes; and CERCLA
 Hazardous Substance
 Designation and Reportable
 Quantities Checklist 189.
Deferral of Phase IV Standards  December 26,       MR 7045.1390;
 for PCBs as a Constituent       2000, 65 FR        Effective June 22,
 Subject to Treatment in Soil    81373.             2009.
 Checklist 190.
Hazardous Waste Identification  May 16, 2001, 66   MR 7045.0102(2);
 Rule (HWIR); Revisions to the   FR 27266.          7045.0214(3)(A);
 Mixture and Derived From                           Effective June 22,
 Rules Checklist 192A.                              2009.
Hazardous Waste Identification  May 16, 2001, 66   MR 7045.1390;
 Rule (HWIR); Land Disposal      FR 27266.          Effective June 22,
 Restrictions Correction                            2009.
 Checklist 192B.
Corrections to the Hazardous    October 3, 2001,   MR 7045.0102;
 Waste Identification Rule       66 FR 50332.       7045.0124; Effective
 (HWIR); Revisions to the                           June 22, 2009.
 Mixture and Derived From
 Rules (Revision II) Checklist
 194.
Amendments to the Corrective    January 22, 2002,  MR 7045.0020;
 Action Management Unit Rule     67 FR 2962.        7045.0545(1)(a);
 Checklist 196.                                     7045.0547(1);
                                                    7045.0548(1);
                                                    Effective February
                                                    14, 2005.
Hazardous Waste Management      March 13, 2002,    Minnesota Stat.
 System; Definition of Solid     67 FR 11251.       116.06(11); MR
 Waste; Toxicity                                    7045.0120(1)(X);
 Characteristic; Vacatur of                         7045.0131(7);
 Mineral Processing Spent                           Effective June 22,
 Materials Being Reclaimed as                       2009.
 Solid Wastes and TCLP Use
 with MGP Waste Checklist 199.
Land Disposal Restrictions;     October 7, 2002,   MR 7045.1390;
 National Treatment Variance     67 FR 62618.       Effective June 22,
 to Designate New Treatment                         2009.
 Subcategories for
 Radioactively Contaminated
 Cadmium-, Mercury-, and
 Silver-Containing Batteries
 Checklist 201.
Hazardous Waste Management      June 4, 2008, 73   MR 7045.0135;
 System; Identification and      FR 31756.          Effective June 22,
 Listing of Hazardous Waste;                        2009.
 Amendment to Hazardous Waste
 Code F019 Checklist 218.
------------------------------------------------------------------------

G. Which revised State rules are different from the Federal rules?

    Minnesota has excluded the non-delegable Federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements. In this action, Minnesota has chosen to
remain more stringent in the Hazardous Remediation Waste Management
Requirements, (Checklist 175 above) by choosing not to adopt 40 CFR
270.79 through 270.230 which allow for Remedial Action Plans (RAP). The
RAP is considered to be less stringent. Minnesota is more stringent in
checklist 108, as it does not recognize the list of excluded processes,
nor does it have provision to waive the double liner requirement in 40
CFR 265.301(d). In rule revision (Checklist) 118, Minnesota does not
allow any liquids in landfills even as provided for in 40 CFR 264.314.
In rule revision (Checklist) 142, Minnesota does not contain a
provision to add a Universal Waste under 40 CFR 273.80 or 260.23.

H. Who handles permits after the authorization takes effect?

    Minnesota 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 Minnesota
is not yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Minnesota?

    Minnesota 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 or abutting the State of Minnesota, including:
    a. Bois Forte Indian Reservation
    b. Fond Du Lac Indian Reservation
    c. Grand Portage Indian Reservation
    d. Leech Lake Indian Reservation
    e. Lower Sioux Indian Reservation
    f. Mille Lacs Indian Reservation
    g. Prairie Island Indian Reservation
    h. Red Lake Indian Reservation
    i. Shakopee Mdewankanton Indian Reservation
    j. Upper Sioux Indian Reservation
    k. White Earth Indian Reservation
    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, EPA retains the authority to implement and administer the
RCRA program in Indian Country.

J. What is codification and is EPA codifying Minnesota'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. Minnesota's rules, up to
and including those revised June 7, 1991, as corrected August 19, 1991,
have previously been codified through incorporation by reference
effective February 4, 1992 (57 FR 4162) .

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

    This rule authorizes State requirements for the purpose of RCRA
3006 and imposes no additional requirements beyond those required by
State law. Accordingly, I certify that this rule 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.).

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).

13. Congressional Review Act

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

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous 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: September 28, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-749 Filed 1-13-11; 8:45 am]
BILLING CODE 6560-50-P