3152 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

continues to attain the 1997 PM2.5

NAAQS. 

Subpart NN—Pennsylvania 

■ 6. Section 52.2056 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2056 Determinations of Attainment. 

* * * * * 

(f) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 7. Section 52.2059 is amended by 

adding paragraph (e) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of January 23, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Philadelphia-Wilmington, PA–NJ–DE 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual PM2.5

NAAQS. 

[FR Doc. 2012–1089 Filed 1–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2011–0407; FRL–9613–6] 

New Mexico: Final Authorization of 

State-Initiated Changes and 

Incorporation-by-Reference of State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: During a review of New 

Mexico’s regulations, the EPA identified 

a variety of State-initiated changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). We have determined that 

these changes are minor and satisfy all 

requirements needed to qualify for Final 

authorization and are authorizing the 

State-initiated changes through this 

Direct Final action. 

The Solid Waste Disposal Act, as 

amended, commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA), allows the Environmental 

Protection Agency (EPA) to authorize 

States to operate their hazardous waste 

management programs in lieu of the 

Federal program. The EPA uses the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. The 

rule codifies in the regulations the prior 

approval of New Mexico’s hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s statutes and 

regulations. 

DATES: This regulation is effective 

March 23, 2012, unless the EPA receives 

adverse written comment on this 

regulation by the close of business 

February 22, 2012. If the EPA receives 

such comments, it will publish a timely 

withdrawal of this immediate final rule 

in the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of March 23, 2012 in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

or Julia Banks, Codification Coordinator, 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–201– 

0407. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including 

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 email. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through http:// 

www.regulations.gov, your email 

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, the 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 the EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, the EPA 

may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. (For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm). 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

available materials from 8:30 a.m. to 

4 p.m. Monday through Friday at the 

following location: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–8533 or (214) 

665–8178. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator (214) 665– 

8533, or Julia Banks, Codification 

Coordinator, (214) 665–8178, State/ 

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, or 

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3153 

email address patterson.alima@epa.gov 

or banks.julia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated 

Changes 

A. Why are revisions to State programs 

necessary? 

States which have received Final 

authorization from the 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 

hazardous waste program. As the 

Federal program changes, the States 

must change their programs and ask the 

EPA to authorize the changes. Changes 

to State hazardous waste 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 the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

States can also initiate their own 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What decisions have we made in this 

rule? 

We conclude that New Mexico’s 

revisions to its authorized program meet 

all of the statutory and regulatory 

requirements established by RCRA. We 

found that the State-initiated changes 

make New Mexico’s rules more clear or 

conform more closely to the Federal 

equivalents and are so minor in nature 

that a formal application is unnecessary. 

Therefore, we grant New Mexico final 

authorization to operate its hazardous 

waste program with the changes 

described in the table at Section G 

below. New Mexico has responsibility 

for permitting Treatment, Storage, and 

Disposal Facilities (TSDFs) within its 

borders (except in Indian Country) and 

for carrying out all authorized aspects of 

the RCRA program, 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, 

the EPA will implement those 

requirements and prohibitions in New 

Mexico, including issuing permits, until 

the State is granted authorization to do 

so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in New Mexico subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. New 

Mexico has enforcement responsibilities 

under its State hazardous waste program 

for violations of such program, but the 

EPA retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

statutes and regulations for which New 

Mexico is being authorized by this 

direct action are already effective and 

are not changed by this action. 

D. Why wasn’t there a proposed rule 

before this rule? 

The EPA did not publish a proposal 

before this rule because we view this as 

a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the Proposed 

Rules section of this Federal Register, 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization or the 

incorporation-by-reference of the State 

program, we will withdraw this rule by 

publishing a timely document in the 

Federal Register before the rule 

becomes effective. The EPA will base 

any further decision on the 

authorization of the State program 

changes, or the incorporation-byreference, on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. If you want to comment on 

this authorization and incorporation-byreference, you must do so at this time. 

If we receive comments that oppose 

only the authorization of a particular 

change to the State hazardous waste 

program or the incorporation-byreference of the State program, we may 

withdraw only that part of this rule, but 

the authorization of the program 

changes or the incorporation-byreference of the State program that the 

comments do not oppose will become 

effective on the date specified above. 

The Federal Register withdrawal 

document will specify which part of the 

authorization or incorporation-byreference of the State program will 

become effective and which part is 

being withdrawn. 

F. For what has New Mexico previously 

been authorized? 

The State of New Mexico initially 

received Final authorization effective 

January 25, 1985, (50 FR 1515) to 

implement its Base Hazardous Waste 

Management program. Subsequently, 

the EPA approved additional program 

revision applications effective April 10, 

1990 (55 FR 4604); July 25, 1990 (55 FR 

28397); December 4, 1992 (57 FR 

45717); August 23, 1994 (59 FR 29734); 

December 21, 1994 (59 FR 51122); July 

10, 1995 (60 FR 20238); January 2, 1996 

(60 FR 53708) as affirmed by the EPA 

in the Federal Register notice published 

on January 26, 1996 (61 FR 2450)); 

March 10, 1997 (61 FR 67474); October 

9, 2001 (66 FR 42140); October 16, 2007 

(72 FR 46165); May 26, 2009 (74 FR 

12625), and December 27, 2010 (75 FR 

65432). 

G. What changes are we authorizing 

with this action? 

The State has made amendments to 

the provisions listed in the table which 

follows. These amendments clarify the 

State’s regulations and make the State’s 

regulations more internally consistent. 

The State’s laws and regulations, as 

amended by these provisions, provide 

authority which remains equivalent to 

and no less stringent than the Federal 

laws and regulations. These Stateinitiated changes satisfy the 

requirements of 40 CFR 271.21(a). We 

are granting New Mexico final 

authorization to carry out the following 

provisions of the State’s program in lieu 

of the Federal program. These 

provisions are analogous to the 

indicated RCRA regulations found at 40 

CFR as of July 1, 2008. The New Mexico 

provisions are from the New Mexico 

Administrative Code (NMAC), Title 20, 

Chapter 4, effective March 1, 2009. 

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3154 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

State requirement Analogous Federal requirement 

NMAC 20.4.1.101 introductory paragraph ............................................... 40 CFR 260.10 and 270.2 related; no direct Federal analog. 

NMAC 20.4.1.301 ..................................................................................... 40 CFR 262 related; no direct Federal analog. 

NMAC 20.4.1.401 ..................................................................................... 40 CFR 263.20(e) related; no direct Federal analog. 

NMAC 20.4.1.801 introductory paragraph and 801.A .............................. 40 CFR 268.1(e)(3) related; no direct Federal analog. 

NMAC 20.4.1.801.B .................................................................................. 40 CFR 268.5, 268.6, 268.42(b), and 268.44(a)–(g) related; no direct 

Federal analog. 

NMAC 20.4.1.901.B(5) ............................................................................. 40 CFR 270.41 and 270.42(c) related; no direct Federal analog. 

NMAC 20.4.1.901.B(6) ............................................................................. 40 CFR 270.42(a) and (b) related; no direct Federal analog. 

NMAC 20.4.1.1001 introductory paragraph ............................................. 40 CFR 273 related; no direct Federal analog. 

NMAC 20.4.1.1001.A(2) ........................................................................... 40 CFR 273.12 and 273.32 related; no direct Federal analog. 

NMAC 20.4.1.1001.B. ............................................................................... 40 CFR 273.14 and 273.34 related; no direct Federal analog. 

NMAC 20.4.1.1003 ................................................................................... 40 CFR 279.22 related; no direct Federal analog. 

H. Who handles permits after the 

authorization takes effect? 

This authorization does not affect the 

status of State permits and those permits 

issued by the EPA because no new 

substantive requirements are a part of 

these revisions. 

I. How does this action affect Indian 

Country (18 U.S.C. 1151) in New 

Mexico? 

New Mexico is not authorized to carry 

out its Hazardous Waste Program in 

Indian Country within the State. This 

authority remains with EPA. Therefore, 

this action has no effect in Indian 

Country. 

II. Incorporation-by-Reference 

A. What is codification? 

Codification is the process of placing 

a State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste management program 

into the Code of Federal Regulations 

(CFR). Section 3006(b) of RCRA, as 

amended, allows the Environmental 

Protection Agency (EPA) to authorize 

State hazardous waste management 

programs to operate in lieu of the 

Federal hazardous waste management 

regulatory program. The EPA codifies its 

authorization of State programs in 40 

CFR part 272 and incorporates by 

reference State statutes and regulations 

that the EPA will enforce under sections 

3007 and 3008 of RCRA and any other 

applicable statutory provisions. 

The incorporation by reference of 

State authorized programs in the CFR 

should substantially enhance the 

public’s ability to discern the current 

status of the authorized State program 

and State requirements that can be 

Federally enforced. This effort provides 

clear notice to the public of the scope 

of the authorized program in each State. 

B. What is the history of the codification 

of New Mexico’s hazardous waste 

management program? 

The EPA incorporated by reference 

New Mexico’s then authorized 

hazardous waste program effective 

December 13, 1993 (58 FR 52677); 

August 21, 1995 (60 FR 32113); 

November 18, 1996 (61 FR 49265); July 

13, 1998 (63 FR 23224); October 27, 

2003 (68 FR 51487); and December 29, 

2008 (73 FR 63897). In this document, 

the EPA is revising Subpart GG of 40 

CFR part 272 to include the recent 

authorization revision actions effective 

May 26, 2009 (74 FR 12625) and 

December 27, 2010 (75 FR 65432). 

C. What codification decisions have we 

made in this rule? 

The purpose of this Federal Register 

document is to codify New Mexico’s 

base hazardous waste management 

program and its revisions to that 

program. The EPA provided notices and 

opportunity for comments on the 

Agency’s decisions to authorize the New 

Mexico program, and the EPA is not 

now reopening the decisions, nor 

requesting comments, on the New 

Mexico authorizations as published in 

the Federal Register notices specified in 

Section B of this document. 

This document incorporates by 

reference New Mexico’s hazardous 

waste statutes and regulations and 

clarifies which of these provisions are 

included in the authorized and 

Federally enforceable program. By 

codifying New Mexico’s authorized 

program and by amending the Code of 

Federal Regulations, the public will be 

able to more easily discern the status of 

Federally approved requirements of the 

New Mexico hazardous waste 

management program. 

The EPA is incorporating by reference 

the New Mexico authorized hazardous 

waste program in subpart GG of 40 CFR 

part 272. Section 272.1601 incorporates 

by reference New Mexico’s authorized 

hazardous waste statutes and 

regulations. Section 272.1601 also 

references the statutory provisions 

(including procedural and enforcement 

provisions) which provide the legal 

basis for the State’s implementation of 

the hazardous waste management 

program, the Memorandum of 

Agreement, the Attorney General’s 

Statements and the Program 

Description, which are approved as part 

of the hazardous waste management 

program under Subtitle C of RCRA. 

D. What is the effect of New Mexico’s 

codification on enforcement? 

The EPA retains its authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013 and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in authorized 

States. With respect to these actions, the 

EPA will rely on Federal sanctions, 

Federal inspection authorities, and 

Federal procedures rather than any 

authorized State analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved New Mexico 

procedural and enforcement authorities. 

Section 272.1601(c)(2) of 40 CFR lists 

the statutory provisions which provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, as well as those 

procedural and enforcement authorities 

that are part of the State’s approved 

program, but these are not incorporated 

by reference. 

E. What State provisions are not part of 

the codification? 

The public needs to be aware that 

some provisions of New Mexico’s 

hazardous waste management program 

are not part of the Federally authorized 

State program. These non-authorized 

provisions include: 

(1) Provisions that are not part of the 

RCRA subtitle C program because they 

are ‘‘broader in scope’’ than RCRA 

subtitle C (see 40 CFR 271.1(i)); 

(2) Federal rules for which New 

Mexico is not authorized, but which 

have been incorporated into the State 

regulations because of the way the State 

adopted Federal regulations by 

reference. 

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3155 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

part of the RCRA authorized program 

and the EPA will not enforce them. 

Therefore, they are not incorporated by 

reference in 40 CFR part 272. For 

reference and clarity, 40 CFR 

272.1601(c)(3) lists the New Mexico 

regulatory provisions which are 

‘‘broader in scope’’ than the Federal 

program and which are not part of the 

authorized program being incorporated 

by reference. ‘‘Broader in scope’’ 

provisions cannot be enforced by the 

EPA; the State, however, may enforce 

such provisions under State law. 

With respect to any requirement 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) for 

which the State has not yet been 

authorized, the EPA will continue to 

enforce the Federal HSWA standards 

until the State is authorized for these 

provisions. 

F. What will be the effect of Federal 

HSWA requirements on the 

codification? 

The EPA is not amending 40 CFR part 

272 to include HSWA requirements and 

prohibitions that are implemented by 

the EPA. Section 3006(g) of RCRA 

provides that any HSWA requirement or 

prohibition (including implementing 

regulations) takes effect in authorized 

and not authorized States at the same 

time. A HSWA requirement or 

prohibition supersedes any less 

stringent or inconsistent State provision 

which may have been previously 

authorized by the EPA (50 FR 28702, 

July 15, 1985). The EPA has the 

authority to implement HSWA 

requirements in all States, including 

authorized States, until the States 

become authorized for such requirement 

or prohibition. Authorized States are 

required to revise their programs to 

adopt the HSWA requirements and 

prohibitions, and then to seek 

authorization for those revisions 

pursuant to 40 CFR part 271. 

Instead of amending the 40 CFR part 

272 every time a new HSWA provision 

takes effect under the authority of RCRA 

section 3006(g), the EPA will wait until 

the State receives authorization for its 

analog to the new HSWA provision 

before amending the State’s 40 CFR part 

272 incorporation by reference. Until 

then, persons wanting to know whether 

a HSWA requirement or prohibition is 

in effect should refer to 40 CFR 271.1(j), 

as amended, which lists each such 

provision. 

Some existing State requirements may 

be similar to the HSWA requirement 

implemented by the EPA. However, 

until the EPA authorizes those State 

requirements, the EPA can only enforce 

the HSWA requirements and not the 

State analogs. The EPA will not codify 

those State requirements until the State 

receives authorization for those 

requirements. 

G. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. The reference to 

Executive Order 13563 (76 FR 3821 

January 21, 2011) is also exempt from 

review under Executive orders 12866 

(56 FR 51735, October 4, 1993). This 

rule incorporates by reference New 

Mexico’s authorized hazardous waste 

management regulations and imposes 

no additional requirements beyond 

those imposed by State law. 

Accordingly, I certify that this action 

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.). Because this 

rule merely incorporates by reference 

certain existing State hazardous waste 

management program requirements 

which the EPA already approved under 

40 CFR part 271, and with which 

regulated entities must already comply, 

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). 

This action will not have 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

incorporates by reference existing 

authorized State hazardous waste 

management program requirements 

without altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

This action also does not have Tribal 

implications within the meaning of 

Executive Order 13175 (65 FR 67249, 

November 6, 2000). 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

The requirements being codified are 

the result of New Mexico’s voluntary 

participation in the EPA’s State program 

authorization process under RCRA 

Subtitle C. 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. As required by section 3 of 

Executive Order 12988 (61 FR 4729, 

February 7, 1996), in issuing this rule, 

the EPA has taken the necessary steps 

to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. The EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 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. 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.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended 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. The EPA will 

submit a report containing this 

document 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 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). This action will be 

effective March 23, 2012. 

List of Subjects in 40 CFR Parts 271 and 

272 

Environmental Protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control, 

Water supply. 

Authority: This action is issued under the 

authority of Sections 2002(a), 3006 and 

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3156 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: December 14, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

For the reasons set forth in the 

preamble, under the authority at 42 

U.S.C. 6912(a), 6926, and 6974(b), the 

EPA is granting final authorization 

under part 271 to the State of New 

Mexico for revisions to its hazardous 

waste program under the Resource 

Conservation and Recovery Act and is 

amending 40 CFR part 272 as follows: 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 1. The authority citation for part 272 

continues to read as follows: 

Authority: Secs. 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended by the Resource Conservation and 

Recovery Act, as amended, 42 U.S.C. 6912(a), 

6926, and 6974(b). 

■ 2. Revise § 272.1601 to read as 

follows: 

§ 272.1601 New Mexico StateAdministered Program: Final Authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), the EPA 

granted New Mexico final authorization 

for the following elements as submitted 

to EPA in New Mexico’s base program 

application for final authorization 

which was approved by EPA effective 

on January 25, 1985. Subsequent 

program revision applications were 

approved effective on April 10, 1990, 

July 25, 1990, December 4, 1992, August 

23, 1994, December 21, 1994, July 10, 

1995, January 2, 1996, March 10, 1997, 

October 9, 2001, October 16, 2007, May 

26, 2009, and December 27, 2010. 

(b) The State of New Mexico has 

primary responsibility for enforcing its 

hazardous waste management program. 

However, EPA retains the authority to 

exercise its inspection and enforcement 

authorities in accordance with sections 

3007, 3008, 3013, 7003 of RCRA, 42 

U.S.C. 6927, 6928, 6934, 6973, and any 

other applicable statutory and 

regulatory provisions, regardless of 

whether the State has taken its own 

actions, as well as in accordance with 

other statutory and regulatory 

provisions. 

(c) State Statutes and Regulations. 

(1) The New Mexico statutes and 

regulations cited in paragraph (c)(1)(i) of 

this section are incorporated by 

reference as part of the hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

of the New Mexico regulations that are 

incorporated by reference in this 

paragraph from the New Mexico 

Commission of Public Records, State 

Records Center and Archives, 

Administrative Law Division, 1205 

Camino Carlos Rey, Santa Fe, NM 

87507. The statutes are available from 

Conway Greene Company, 1400 East 

30th Street, Suite #402, Cleveland, OH 

44114. You may inspect a copy at EPA 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202 (Phone number (214) 665– 

8533), or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(i) The binder entitled ‘‘EPAApproved New Mexico Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’ dated December 2010. 

(ii) [Reserved] 

(2) The following provisions provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, but they are not 

being incorporated by reference and do 

not replace Federal authorities: 

(i) New Mexico Rules Annotated, 

Rules of Civil Procedure for the District 

Courts, Article 4, (1995), Section 1–024. 

(ii) New Mexico Statutes 1978 

Annotated, Inspection of Public Records 

Act, Chapter 14, Article 2, (2009 

Cumulative Supplement), Sections 14– 

2–1 et seq. 

(iii) New Mexico Statutes 1978 

Annotated, Hazardous Waste Act, 

Chapter 74, Article 4, (2000 

Replacement Pamphlet), Sections 74–4– 

4.1, 74–4–4.7.B and .C, 74–4–5, 74–4–7, 

74–4–10.1 (except 74–4–10.1.C), and 

74–4–14. 

(iv) New Mexico Statutes 1978 

Annotated, Hazardous Waste Act, 

Chapter 74, Article 4, (2009 Cumulative 

Supplement), Sections 74–4–4, 74–4– 

4.2.C through 74–4–4.2.F, 74–4– 

4.2.G(1), 74–4–4.2.H, 74–4–4.2.I, 74–4– 

4.3 (except 74–4–4.3.A(2) and 74–4– 

4.3.F), 74–4–10, 74–4–11 through 74–4– 

13. 

(v) Title 20, Chapter 4, Part 1, New 

Mexico Administrative Code, effective 

March 1, 2009, unless otherwise 

indicated: Sections 20.4.1.901 (except 

20.4.1.901.B.1 through 20.4.1.901.B.7, 

and 20.4.1.901.E), 20.4.1.1100 (June 14, 

2000), 20.4.1.1104 (June 14, 2000), 

20.4.1.1105 (June 14, 2000), and 

20.4.1.1107 (October 1, 2003). 

(3)(i) The following statutory 

provisions are broader in scope than the 

Federal program, are not part of the 

authorized program, and are not 

incorporated by reference: 

(ii) New Mexico Statutes 1978 

Annotated, Hazardous Waste Act, 

Chapter 74, Article 4, (2000 

Replacement Pamphlet), Section 74–4– 

3.3. 

(iii) New Mexico Statutes 1978 

Annotated, Hazardous Waste Act, 

Chapter 74, Article 4, (2009 Cumulative 

Supplement), Sections 74–4–4.2.J and 

74–4–4.2.K. 

(4) Unauthorized State Amendments. 

(i) The State’s adoption of the Federal 

rules listed in the following table is not 

approved by the EPA and is therefore, 

not enforceable: 

Federal requirement Federal Register reference Publication date 

Biennial Report ........................................................................................................................... 48 FR 3977 ........................ 01/28/83 

Permit Rules; Settlement Agreement ......................................................................................... 48 FR 39611 ...................... 09/01/83 

Interim Status Standards; Applicability ....................................................................................... 48 FR 52718 ...................... 11/22/83 

Chlorinated Aliphatic Hydrocarbon Listing (F024) ...................................................................... 49 FR 5308 ........................ 02/10/84 

National Uniform Manifest .......................................................................................................... 49 FR 10490 ...................... 03/20/84 

National Performance Track Program ........................................................................................ 69 FR 21737 ......................

69 FR 62217 ......................

04/24/04 

10/24/04 

Performance Track provisions addressed in the Burden Reduction Initiative Rule .................. 71 FR 16862 ...................... 04/04/06 

(ii) In the New Mexico’s Program 

Revision Application package for RCRA 

Clusters XIII through XVIII, the State 

indicates that it is seeking authorization 

for breaking and crushing of universal 

waste lamps under the universal waste 

program, in order to reduce their 

volume to facilitate management or 

transport to destination facilities (see 75 

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3157 

FR 65432, Oct. 25, 2010). However, EPA 

did not authorize the breaking and 

crushing of universal waste lamps. The 

Agency needs further analysis to 

determine if the breaking and crushing 

of universal waste lamps will be 

authorized as part of the State’s 

authorized program. Therefore, in this 

codification notice EPA has determined 

to exclude the lamp crushing provisions 

from this codification. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 6 and the State of New 

Mexico, signed by the EPA Regional 

Administrator on October 12, 2010, is 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

(6) Statement of Legal Authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of New Mexico January 1985, 

and revisions, supplements and 

addenda to that Statement dated April 

13, 1988; September 14, 1988; July 19, 

1989; July 23, 1992; February 14, 1994; 

July 18, 1994; July 20, 1994; August 11, 

1994; November 28, 1994; August 24, 

1995; January 12, 1996; June 14, 2000, 

August 3, 2006, September 15, 2008, 

and March 18, 2009, are referenced as 

part of the authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(7) Program Description. The Program 

Description and any other materials 

submitted as supplements thereto are 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

■ 3. Appendix A to part 272 is amended 

by revising the listing for ‘‘New Mexico’’ 

to read as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

New Mexico 

The statutory provisions include: 

New Mexico Statutes 1978 Annotated, 

Hazardous Waste Act, Chapter 74, Article 4 

(2000 Replacement Pamphlet). Please note 

that for a few provisions the version found 

in the 2009 Cumulative Supplement to 

NMSA 74–4 is the approved version of the 

statutes. 

Chapter 74, Article 4, Sections 74–4–2, 74– 

4–3 (except 74–4–3.A, 74–4–3.N, and 74–4– 

3.R) (2009 Cumulative Supplement), 74–4– 

3.1, 74–4–4.2.A and 74–4–4.2.B (2009 

Cumulative Supplement), 74–4–4.2.G 

introductory paragraph (2009 Cumulative 

Supplement), 74–4–4.2.G(2) (2009 

Cumulative Supplement), 74–4–4.3.F (2009 

Cumulative Supplement), 74–4–4.7 (except 

74–4–4.7.B and 74–4–4.7.C), 74–4–9, and 74– 

4–10.1.C, as published by Conway Greene 

Company, 1400 East 30th Street, Suite #402, 

Cleveland, OH 44114; Phone: (216) 619– 

8091; Web site: http:// 

www.conwaygreene.com/nmsu/ 

lpext.dll?f=templates&fn=main-h.htm&2.0. 

The regulatory provisions include: 

Title 20, Chapter 4, Part 1, New Mexico 

Annotated Code, effective March 1, 2009, 

unless otherwise indicated, Sections 

20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300, 

20.4.1.301, 20.4.1.400, 20.4.1.401, 20.4.1.500, 

20.4.1.501, 20.4.1.600, 20.4.1.601, 20.4.1.700, 

20.4.1.701, 20.4.1.702, 20.4.1.800, 20.4.801, 

20.4.1.900, 20.4.1.901.B.1 through 

20.4.1.901.B.7, 20.4.1.901.E, 20.4.1.902, 

20.4.1.1000, 20.4.1.1001 introductory 

paragraph, 20.4.1.1001.A(2), 20.4.1.1001.B, 

20.4.1.1002, 20.4.1.1003, 20.4.1.1102 (June 

14, 2000), and 20.4.1103 (October 1, 2003). 

Copies of the New Mexico regulations can be 

obtained from the New Mexico Commission 

of Public Records, State Records Center and 

Archives, Administrative Law Division, 1205 

Camino Carlos Rey, Santa Fe, NM 87507; 

Phone: (505) 476–7907; Web site: http:// 

www.nmcpr.state.nm.us/nmac/titles.htm. 

* * * * * 

[FR Doc. 2012–999 Filed 1–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA947 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

To 60 Feet (18.3 Meters) Length Overall 

Using Pot Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher 

vessels greater than or equal to 60 feet 

(18.3 meters (m)) length overall (LOA) 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season apportionment of the 2012 

Pacific cod total allowable catch (TAC) 

specified for pot catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 20, 2012, through 

1200 hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, (907) 586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2012 Pacific cod TAC allocated as a 

directed fishing allowance to pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI is 

9,950 metric tons as established by the 

final 2011 and 2012 harvest 

specifications for groundfish in the 

BSAI (76 FR 11139, March 1, 2011) and 

inseason adjustment (76 FR 81875, 

December 29, 2011). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season apportionment of the 2012 

Pacific cod TAC allocated as a directed 

fishing allowance to pot catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of January 17, 

2012. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

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