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

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: Site Specific Treatment Variance for**  **Hazardous Selenium-Bearing Waste Treated by U.S. Ecology Nevada in** **Beatty, NV and Withdrawal of Site Specific 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 withdrawingthe 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 hazardouswaste 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