[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61562]
[DOCID:fr05oc10-163]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

The Village of Richton Park, Illinois

[Waiver Petition Docket Number FRA-2010-0137]

    The Village of Richton Park, Illinois (Village), seeks a permanent
waiver of compliance from a certain provision of the Use of Locomotive
Horns at Highway-Rail Grade Crossings, 49 CFR part 222. The Village
intends to establish a new quiet zone under the provisions of 49 CFR
222.39. Specifically, the Village is seeking a waiver from the
provisions of 49 CFR 222.9, definition of a non-traversable curb, so
that a public crossing that will be equipped with flashing lights,
gates and medians that complies with all of the requirements necessary
to be a ``gates with medians'' supplemental safety measure (SSM) with
non-traversable curbs, except for the fact that the posted highway
speed limit is 45 miles per hour (mph) instead of 40 mph as required in
the definition, be deemed an acceptable SSM.
    49 CFR 222.9, the definition of non-traversable curb, reads as
follows, ``Non-traversable curb means a highway curb designed to
discourage a motor vehicle from leaving the roadway. Non-traversable
curbs are used at locations where highway speeds do not exceed 40 mph,
and are at least six inches high. Additional design specifications are
determined by the standard traffic design specifications used by the
governmental entity constructing the curb.''
    The Village is in the process of establishing a new quiet zone
along the Elgin, Joliet, and Eastern Railway's (EJE) Joliet Division,
Eastern Subdivision, which would extend from approximately Milepost
(MP) 17.82 to MP 20.31. The new quiet zone will consist of three public
at-grade crossings: Ridgeland Avenue (DOT 260629R), Central
Avenue (DOT 260630K), and Cicero Avenue (DOT
260632Y). The Village seeks a waiver from the requirement that
medians with non-traversable curbing may not be used where highway
speeds exceed 40 mph. The Cicero Avenue grade crossing is equipped with
standard flashing lights, gates and medians that are 330 feet in length
north of the crossing, and 1,300 feet in length south of the crossing.
The existing curbing on the medians meets the state requirements for
non-traversable curb but not the requirements necessary to serve as a
SSM. The Village intends to reconstruct the medians to meet the SSM
requirement. The posted highway speed is 45 mph.
    The Village provides several reasons why the 5 mph difference in
speed limit would not diminish the effectiveness of the SSM, and thus
the waiver should be granted. First, the existing medians are much
wider (12-foot) than the typical medians used for this application. The
medians also exceed the nominal required length (100-foot), as they are
330 feet and 1,300 feet in length. Secondly, the existing curbed median
has not contributed to any prior incidents or accidents. No accidents
have occurred at the crossing in over 20 years. Thirdly, the Illinois
Department of Transportation (IDOT) was asked by the Village to review
and lower the speed limit. IDOT conducted a speed assessment and
determined that 45 mph is the appropriate, safe speed for Cicero
Avenue. Fourthly, the median design to be used by the Village follows
the IDOT standard, which allows curbed medians on highways with speed
limits of 40 or 45 mph. The Village feels that this standard should be
allowable under the clause ``Additional design specifications * * *''
in the definition.
    The Village's waiver petition submission included a letter from the
Canadian National Railway Company (CN) supporting the approval of the
Village's waiver petition. CN owns the EJE.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0137) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC, on September 28, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-25006 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-P


Background:

 EPA is required under the Clean Air Act (CAA) to conduct Risk and Technology Reviews (RTR) of rules passed under the CAA every 8 years.
 EPA is currently conducting the RTR for the Coil MACT, along with RTRs for approximately 20 to 30 other MACT rules.
 The RTR schedule for the Coil MACT is as follows:
 Proposed rule published:  2/18
 Final rule published:  2/19
 In reviewing data, gathered from the National Emission Inventory and the Toxic Release Inventory for the coil coating source category, EPA noticed some apparently anomalous data that did not seem congruous with how coil coating lines and processes operate.
 It is beneficial for all parties, including EPA and the coil coating industry, for the data that is being analyzed at the beginning of the RTR process to be accurate.

Investigation:

NCCA members and relevant committees discussed and investigated data related to three substances in the dataset that appear to be inaccurately represented:  Hexavalent Chromium, Naphthalene, and Cadmium.  Following is a summary of the results of these investigations and discussions:

 Hexavalent Chromium:  Several facilities from several different coaters appear to have reported release of Cr[+6] as an air emission.  This is contrary to how the coil coating process works.  The Cr[+6] is appearing in the inventories because coaters are reporting chromium compounds.  The inventory reporting process automatically assigns a portion of these compounds as being Cr[+6] when, in fact, no Cr[+6] is being emitted to the atmosphere.  In fact, no chromium of any sort is being emitted to the atmosphere.

We consulted with some of the paint suppliers, who have an excellent understanding of the fundamentals of the coatings and processes used in coil coating, and they confirmed our understanding.  Chromium is not a volatile material at the baking temperatures used in the coil coating process.  Chromium will not volatilize in the ovens, which operate at temperatures far below the boiling point of Chromium, which is almost 5000°F.

 Naphthalene:  Facilities and coaters appear to be reporting release of naphthalene.  While  naphthalene may be present in some of the aromatic solvents that are sometimes used in the coil coating process, any residual naphthalene is handled in the ovens and thermal oxidizers that have been installed to handle VOCs.  Again, it seems likely that the inventory reporting process and inaccuracies arising from that process is the cause of the error.

 Cadmium:  A coater appears to have reported emissions of cadmium.  NCCA staff discussed the matter with a representative from the coater that reported the cadmium.  The representative investigated and informed staff that the cadmium was reported erroneously by a consultant that used to work for the coater.  The coater representative confirmed that no cadmium is currently used, and that no cadmium has been used for some time.


Additional standards for reverse distributors managing potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor. A reverse distributor that does not have a permit or interim status must comply with the following conditions, in addition to the requirements in paragraph (a) of this section, for the management of potentially creditable hazardous waste pharmaceuticals that are destined for another reverse distributor for further evaluation or verification of manufacturer credit:
266.510(b)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from a healthcare facility must send those potentially creditable hazardous waste pharmaceuticals to another reverse distributor within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow paragraph (c) of this section for evaluated hazardous waste pharmaceuticals.
266.510(b)(1)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from another reverse distributor must send those potentially creditable hazardous waste pharmaceuticals to a reverse distributor that is a pharmaceutical manufacturer within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow paragraph (c) of this section for evaluated hazardous waste pharmaceuticals.
266.510(b)(2)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with § 266.509.
266.510(b)(3)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Recordkeeping by reverse distributors. A reverse distributor must keep the following records (paper or electronic) readily available upon request by an inspector for each shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to another reverse distributor, for at least three years from the date of shipment. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the EPA Regional Administrator.
266.510(b)(4)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

The confirmation of delivery; and
266.510(b)(4)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

The DOT shipping papers prepared in accordance with 49 CFR part 172 subpart C, if applicable.
266.510(b)(4)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A. and B.4.

                                       X

Additional standards for reverse distributors managing evaluated hazardous waste pharmaceuticals. A reverse distributor that does not have a permit or interim status must comply with the following conditions, in addition to the requirements of paragraph (a) of this section, for the management of evaluated hazardous waste pharmaceuticals:
266.510(c)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Accumulation area at the reverse distributor. A reverse distributor must designate an on-site accumulation area where it will accumulate evaluated hazardous waste pharmaceuticals.
266.510(c)(1)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Inspections of on-site accumulation area. A reverse distributor must inspect its on-site accumulation area at least once every seven days, looking at containers for leaks and for deterioration caused by corrosion or other factors, as well as for signs of diversion.
266.510(c)(2)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Personnel training at a reverse distributor. Personnel at a reverse distributor that handle evaluated hazardous waste pharmaceuticals are subject to the training requirements of § 262.17(a)(7).
266.510(c)(3)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Labeling and management of containers at on-site accumulation areas. A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an on-site accumulation area must:
266.510(c)(4)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Label the containers with the words, "hazardous waste pharmaceuticals";
266.510(c)(4)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Ensure the containers are in good condition and managed to prevent leaks;
266.510(c)(4)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Use containers that are made of or lined with materials which will not react with, and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so that the ability of the container to contain the waste is not impaired;
266.510(c)(4)(iii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Keep containers closed, if holding liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in their original, intact, sealed packaging; or repackaged, intact, sealed packaging, they are considered to meet the closed container standard;
266.510(c)(4)(iv)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Manage any container of ignitable or reactive evaluated hazardous waste pharmaceuticals, or any container of commingled incompatible evaluated hazardous waste pharmaceuticals so that the container does not have the potential to:
266.510(c)(4)(v)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Generate extreme heat or pressure, fire or explosion, or violent reaction;
266.510(c)(4)(v)(A)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
266.510(c)(4)(v)(B)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
266.510(c)(4)(v)(C)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Damage the structural integrity of the container of hazardous waste pharmaceuticals; or
266.510(c)(4)(v)(D)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Through other like means threaten human health or the environment; and
266.510(c)(4)(v)(E)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of § 268.3(c) (e.g., arsenic trioxide (P012)) in separate containers from other evaluated hazardous waste pharmaceuticals at the reverse distributor.
266.510(c)(4)(vi)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Hazardous waste numbers. Prior to shipping evaluated hazardous waste pharmaceuticals off site, all containers must be marked with the applicable hazardous waste numbers (i.e., hazardous waste codes). A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the EPA Hazardous Waste Number(s).
266.510(c)(5)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Shipments. A reverse distributor must ship evaluated hazardous waste pharmaceuticals that are destined for a permitted or interim status treatment, storage or disposal facility in accordance with the applicable shipping standards in § 266.508(a) or (b).
266.510(c)(6)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Procedures for a reverse distributor for managing rejected shipments. A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of § 264.72 or § 265.72 of this chapter, may accumulate the returned evaluated hazardous waste pharmaceuticals on site for up to an additional 90 days in the on-site accumulation area provided the rejected or returned shipment is managed in accordance with § 266.510(a) and (c). Upon receipt of the returned shipment, the reverse distributor must:
266.510(c)(7)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Sign either:
266.510(c)(7)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Item 18c of the original manifest, if the original manifest was used for the returned shipment; or
266.510(c)(7)(i)(A)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Item 20 of the new manifest, if a new manifest was used for the returned shipment;
266.510(c)(7)(i)(B)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Provide the transporter a copy of the manifest;
266.510(c)(7)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Within 30 days of receipt of the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor; and
266.510(c)(7)(iii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards of § 266.508(a) or (b).
266.510(c)(7)(iv)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Land disposal restrictions. Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions of 40 CFR part 268. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off site must comply with the land disposal restrictions in accordance with § 268.7(a) requirements.
266.510(c)(8)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Reporting by a reverse distributor for evaluated hazardous waste pharmaceuticals.
266.510(c)(9)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Biennial reporting by a reverse distributor. A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site must prepare and submit a single copy of a biennial report to the EPA Regional Administrator by March 1 of each even numbered year in accordance with § 262.41.
266.510(c)(9)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Exception reporting by a reverse distributor for a missing copy of the manifest.
266.510(c)(9)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

For shipments from a reverse distributor to a designated facility,
266.510(c)(9)(ii)(A)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

If a reverse distributor does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, the reverse distributor must contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals.
266.510(c)(9)(ii)(A)(1)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must submit an exception report to the EPA Regional Administrator for the Region in which the reverse distributor is located if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report must include:
266.510(c)(9)(ii)(A)(2)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A legible copy of the manifest for which the reverse distributor does not have confirmation of delivery; and
266.510(c)(9)(ii)(A)(2)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.
266.510(c)(9)(ii)(A)(2)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

For shipments rejected by the designated facility and shipped to an alternate facility,
266.510(c)(9)(ii)(B)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter must contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
266.510(c)(9)(ii)(B)(1)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must submit an Exception Report to the EPA Regional Administrator for the Region in which the reverse distributor is located if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45-day timeframe begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The Exception Report must include:
266.510(c)(9)(ii)(B)(2)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A legible copy of the manifest for which the generator does not have confirmation of delivery; and
266.510(c)(9)(ii)(B)(2)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.
266.510(c)(9)(ii)(B)(2)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Recordkeeping by a reverse distributor for evaluated hazardous waste pharmaceuticals.
266.510(c)(10)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must keep a log (written or electronic) of the inspections of the on-site accumulation area, required by paragraph (c)(2) of this section. This log must be retained as a record for at least three years from the date of the inspection.
266.510(c)(10)(i)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy must be retained as a record for at least three years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.
266.510(c)(10)(ii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must keep a copy of each biennial report for at least three years from the due date of the report.
266.510(c)(10)(iii)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must keep a copy of each exception report for at least three years from the submission of the report.
266.510(c)(10)(iv)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

A reverse distributor must keep records to document personnel training, in accordance with § 262.17(a)(7)(iv).
266.510(c)(10)(v)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

All records must be readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the EPA Regional Administrator.
266.510(c)(10)(vi)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

When a reverse distributor must have a permit. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the requirements of 40 CFR parts 264, 265, and 267 and the permit requirements of 40 CFR part 270, if the reverse distributor:
266.510(d)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Does not meet the conditions of this section;
266.510(d)(1)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Accepts manifested hazardous waste from off site; or
266.510(d)(2)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

Treats or disposes of hazardous waste pharmaceuticals on site.
266.510(d)(3)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-266A.

                                       X

                     PART 268 -- LAND DISPOSAL RESTRICTIONS

                               SUBPART A GENERAL

Revise heading: Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities.
268.7 Heading
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-268A.

Revise: Requirements for generators and reverse distributors.
268.7(a)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-268A.

A healthcare facility accumulates such wastes in containers on site solely for the purpose of the accumulation of such quantities of hazardous waste pharmaceuticals as necessary to facilitate proper recovery, treatment, or disposal and the healthcare facility complies with the applicable requirements in §§ 266.502 and 266.503 of this chapter.
268.7(a)(4)
Wrong 268.50(a)(4)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-268A.

                                       X

A reverse distributor accumulates such wastes in containers on site solely for the purpose of the accumulation of such quantities of hazardous waste pharmaceuticals as necessary to facilitate proper recovery, treatment, or disposal and the reverse distributor complies with § 266.510 of this chapter.
268.7(a)(5)
Wrong 268.50(a)(5)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-268A.

                                       X

PART 270 -- EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM

                         SUBPART A GENERAL INFORMATION

Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in § 266.500. Reverse distributors are subject to regulation under 40 CFR part 266 subpart P for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.
270.1(c)(2)(x)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-270A.

                                       X

              PART 273 -- STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

       SUBPART G PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273

Revise: Except as provided in paragraph (d) of this section, any person seeking to add a hazardous waste or category of hazardous waste to this part may petition for a regulatory amendment under this subpart and 40 CFR 260.20 and 260.23.
273.80(a)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-273A.

                                       x

Hazardous waste pharmaceuticals are regulated by 40 CFR part 266 subpart P and may not be added as a category of hazardous waste for management under this part.
273.80(d)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-273A.

                                       X

1. These provisions are considered to be less stringent.

2. 40 CFR 266.505 is promulgated under HSWA authority (section 3018 of RCRA).


[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3637-3639]
[FR Doc No: 2017-00159]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0431; FRL-9957-93-Region 4]

Approval and Promulgation of Implementation Plans; Alabama;
Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient
Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve in part and disapprove in part portions of the April
23, 2013, State Implementation Plan (SIP) submission, submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM), for inclusion into the Alabama SIP. This final
action pertains to the infrastructure requirements of the Clean Air Act
(CAA or Act) for the 2010 1-hour sulfur dioxide (SO2)
national ambient air quality standard (NAAQS). The CAA requires that
each state adopt and submit a SIP for the implementation, maintenance
and enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure SIP submission.'' ADEM certified
that the Alabama SIP contains provisions that ensure the 2010 1-hour
SO2 NAAQS is implemented, enforced, and maintained in
Alabama. EPA has determined that portions of Alabama's infrastructure
SIP submission, provided to EPA on April 23, 2013, satisfy certain
required infrastructure elements for the 2010 1-hour SO2
NAAQS.

DATES: This rule will be effective February 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0431. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached via electronic mail at
<EMAIL_ADDRESS>or via telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the
primary SO2 NAAQS to an hourly standard of 75 parts per
billion (ppb) based on a 3-year average of the annual 99th percentile
of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1)
of the CAA, states are required to submit SIPs meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP
elements such as requirements for monitoring, basic program
requirements and legal authority that are designed to assure attainment
and maintenance of the NAAQS. States were required to submit such SIPs
for the 2010 1-hour SO2 NAAQS to EPA no later than June 2,
2013.
    EPA is taking final action to approve Alabama's April 23, 2013,
submission that addresses the infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the 2010 1-hour SO2
NAAQS, with the exception of interstate transport provisions pertaining
to visibility protection requirements of section 110(a)(2)(D)(i)(II)
(prong 4) and the state board requirements of section 110(a)(2)(E)(ii).
With respect to the visibility protection requirements of section
110(a)(2)(D)(i)(II) (prong 4), EPA is not finalizing any action at this
time regarding this requirement. With respect to Alabama's
infrastructure SIP submission related to section 110(a)(2)(E)(ii)
requirements respecting

the section 128 state board requirements, EPA is finalizing a
disapproval of this element of Alabama's submission in this rulemaking.
    In a proposed rulemaking published on July 14, 2016, EPA proposed
to approve in part and disapprove in part Alabama's 2010 1-hour
SO2 NAAQS infrastructure SIP submission submitted on April
23, 2013. See 81 FR 45428. The details of Alabama's submission and the
rationale for EPA's actions are explained in the proposed rulemaking.
Comments on the proposed rulemaking were due on or before August 15,
2016. EPA received adverse comments on the proposed action.

II. Response to Comments

    EPA received two sets of comments, one of which was incomplete and
therefore could not be addressed, on the July 14, 2016, proposed
rulemaking on Alabama's 2010 1-hour SO2 NAAQS infrastructure
SIP submission. A summary of the complete comment and EPA's response is
provided below. A full set of these comments is provided in the docket
for today's final rulemaking action.
    Comment: The Commenter stated that EPA must disapprove element
110(a)(2)(C) unless Alabama's SIP provides that no new minor source or
minor modification of a major source can cause or contribute to a
violation of any NAAQS.
    Response: EPA agrees that section 110(a)(2)(C) and the minor new
source regulations at 40 CFR 51.160 through 51.164 require SIPs to
includes procedures to prevent the construction of new minor sources
and minor modifications of major sources if the new or modified source
will interfere with attainment or maintenance of a NAAQS. EPA explained
its approach to reviewing the minor source element of 110(a)(2)(C) in
its proposed rulemaking for this action: ``Thus, EPA evaluates whether
the state has an EPA-approved minor NSR program and whether the program
addresses the pollutants relevant to that NAAQS. In the context of
acting on an infrastructure SIP submission, however, EPA does not think
it is necessary to conduct a review of each and every provision of a
state's existing minor source program (i.e., already in the existing
SIP) for compliance with the requirements of the CAA and EPA's
regulations that pertain to such programs.'' See 81 FR 45431-45432
(July 14, 2016). In its 2010 1-hour SO2 NAAQS infrastructure
SIP submission, Alabama certified that its SIP contains provisions to
address the 110(a)(2)(C) requirements regarding new minor sources and
modifications, and, as noted in EPA's proposed rulemaking, the
following SIP-approved rules address the minor source element of
section 110(a)(2)(C): ADEM Admin. Code r. 335-3-14-.01 General
Provisions, 335-3-14-.02 Permit Procedure, and 335-3-14-.03--Standards
for Granting Permits. These SIP-approved rules address NAAQS pollutants
including SO2. While the Commenter did not specifically
object to any aspect of Alabama's SIP submission with respect section
110(a)(2)(C), EPA notes that Alabama's SIP addresses this non-
interference component for the minor new source/minor modification
permitting element. Specifically relevant to this comment, these SIP-
approved rules include provisions to prohibit the issuance of
construction permits if the source at issue would result in a violation
of any air quality standard. See ADEM Admin. Code r. 335-3-
14-.03(1)(g).

III. Final Action

    With the exception of interstate transport provisions pertaining to
visibility protection requirements of section 110(a)(2)(D)(i)(II)
(prong 4), and the state board requirements of section
110(a)(2)(E)(ii), EPA is taking final action to approve Alabama's
infrastructure submission submitted on April 23, 2013, for the 2010 1-
hour SO2 NAAQS for the above described infrastructure SIP
requirements. EPA is taking final action to approve Alabama's
infrastructure SIP submission for the 2010 1-hour SO2 NAAQS
because the submission is consistent with section 110 of the CAA. EPA
is finalizing disapproval of section 110(a)(2)(E)(ii) of Alabama's
infrastructure submission because the State's implementation plan does
not contain provisions to comply with section 128 of the Act, and thus
Alabama's April 23, 2013, infrastructure SIP submission does not meet
the requirements of the Act.
    Under section 179(a) of the CAA, final disapproval of a submittal
that addresses a requirement of a CAA Part D Plan, or is required in
response to a finding of substantial inadequacy as described in CAA
section 110(k)(5) (SIP call), starts a sanctions clock. The portion of
section 110(a)(2)(E)(ii) provisions (the provisions disapproved in
today's notice) were not submitted to meet requirements for Part D or a
SIP call, and therefore, no sanctions will be triggered. However, that
final action will trigger the requirement under section 110(c) that EPA
promulgate a Federal Implementation Plan (FIP) no later than two years
from the date of this disapproval unless the State corrects the
deficiency, and EPA approves the plan or plan revision before EPA
promulgates such FIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian

country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 13, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: December 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2010 1-hour SO2
National Ambient Air Quality Standard'' at the end of the table to read
as follows:

Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                               State
  Name of nonregulatory SIP     Applicable geographic or  submittal date/   EPA approval         Explanation
          provision                nonattainment area     effective date        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2)              Alabama..................       4/23/2013  1/12/2017,        With the exception
 Infrastructure Requirements                                               [Insert Federal   of interstate
 for the 2010 1-hour SO2                                                   Register page     transport
 NAAQS.                                                                    citation].        requirements of
                                                                                section
                                                                                110(a)(2)(D)(i)(II)
                                                                                (prong 4), and the
                                                                                state board
                                                                                requirements of
                                                                                section
                                                                                110(a)(2)(E)(ii).
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.53 is amended by adding paragraph (d) to read as follows:

Sec.  52.53  Approval status.

* * * * *
    (d) Disapproval. Submittal from the State of Alabama, through the
Alabama Department of Environmental Management (ADEM) on April 23,
2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the
2010 1-hour sulfur dioxide (SO2) National Ambient Air
Quality Standards (NAAQS) concerning state board requirements. EPA is
disapproving section 110(a)(2)(E)(ii) of ADEM's submittal because the
Alabama SIP lacks provisions respecting state boards per section 128 of
the CAA for the 2010 1-hour SO2 NAAQS.

[FR Doc. 2017-00159 Filed 1-11-17; 8:45 am]
 BILLING CODE 6560-50-P