Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30027 

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 rules, 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). 

Parties with objections to this direct 

final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 25, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(378)(i)(B) and (C) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(378) * * * 

(i) * * * 

(B) Placer County Air Pollution 

Control District. 

(1) Rule 245, ‘‘Surface Coating of 

Metal Parts and Products,’’ amended on 

August 20, 2009. 

(C) Ventura County Air Pollution 

Control District. 

(1) Rule 74.12, ‘‘Surface Coating of 

Metal Parts and Products,’’ adopted on 

April 8, 2008. 

* * * * * 

[FR Doc. 2011–12611 Filed 5–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[EPA–HQ–RCRA–2010–0851; FRL–9310–2] 

Land Disposal Restrictions: SiteSpecific Treatment Variance for 

Hazardous Selenium-Bearing Waste 

Treated by U.S. Ecology Nevada in 

Beatty, NV and Withdrawal of SiteSpecific Treatment Variance for 

Hazardous Selenium-Bearing Waste 

Treatment Issued to Chemical Waste 

Management in Kettleman Hills, CA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of Direct Final Rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the Direct Final rule that granted a sitespecific treatment variance to U.S. 

Ecology Nevada in Beatty, Nevada and 

withdrew an existing site-specific 

treatment variance issued to Chemical 

Waste Management, Inc. in Kettleman 

Hills, California. The Direct Final rule 

pertains to the treatment of a hazardous 

waste generated by the OwensBrockway Glass Container Company in 

Vernon, California that is unable to meet 

the concentration-based treatment 

standard for selenium established under 

the Land Disposal Restrictions program. 

EPA also issued a parallel proposal to be 

used as the basis for the final action in 

the event that EPA received any adverse 

comments on the Direct Final rule. 

DATES: Effective May 24, 2011, EPA 

withdraws the Direct Final rule 

published at 76 FR 18921 on April 6, 

2011. 

FOR FURTHER INFORMATION CONTACT: For 

more information, contact Jesse Miller, 

Materials Recovery and Waste 

Management Division, Office of 

Resource Conservation and Recovery 

(MC 5304 P), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone (703) 308–1180; fax (703) 

308–0522; or miller.jesse@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the Direct Final rule that 

amended the Land Disposal Restrictions 

treatment standards (40 CFR part 

268.44(o)) by granting a site-specific 

treatment variance to U.S. Ecology 

Nevada in Beatty, Nevada and 

withdrawing an existing site-specific 

treatment variance issued to Chemical 

Waste Management, Inc. in Kettleman 

Hills, California, published on April 6, 

2011 at 76 FR 18921. We stated in that 

Direct Final rule that if we received 

adverse comment by May 6, 2011, the 

Direct Final rule would not take effect 

and we would publish a timely 

withdrawal in the Federal Register. We 

subsequently received adverse comment 

on that Direct Final rule. We will 

address those comments in any 

subsequent final action, which will be 

based on the parallel proposed rule also 

published on April 6, 2011 at 76 FR 

18921. As stated in the Direct Final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

List of Subjects in 40 CFR Part 268 

Environmental protection, Hazardous 

waste, and Variances. 

Dated: May 17, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

Accordingly, the amendments to the 

rule published on April 6, 2011 (76 FR 

18921) are withdrawn as of May 24, 

2011. 

[FR Doc. 2011–12783 Filed 5–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9310–8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final Notice of Partial Deletion of 

the remaining portions of Operable Unit 

9 (OU9), the Residential Populated 

Areas, of the California Gulch 

Superfund Site (Site), located in Lake 

County, Colorado, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 


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