Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 18927 

TABLE—WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40 

Facility name 1 and address Waste 

code See also Regulated hazardous constituent 

Wastewaters Nonwastewaters 

Concentration 

(mg/l) Notes Concentration (mg/kg) Notes 

*******

Owens Brockway Glass Container 

Company, Vernon, CA6,7.

D010 Standards under 

§ 268.40.

Selenium ............... NA ................. NA .... 59 mg/L 

TCLP.

NA 

* * * * * * * 

1A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7. 

* * * * * 

6Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations. 7 D010 waste generated by this facility must be treated and disposed by U.S. Ecology Nevada at their RCRA permitted facility in Beatty, Nevada. The treatment variance is conditioned on the waste to reagent ratio not exceeding 1 to 0.45. 

* * * * * 

Note: NA means Not Applicable. 

[FR Doc. 2011–8179 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2010–0307; FRL–9291–1] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Oklahoma has applied to the 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Oklahoma’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on June 6, 2011 unless 

the EPA receives adverse written 

comment by May 6, 2011. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

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. E-mail: patterson.alima@epa.gov. 

3. Mail: 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. 

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: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

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 e-mail 

comment directly to the EPA without 

going through 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. 

You can view and copy Oklahoma’s 

application and associated publicly 

available materials from 8:30 a.m. to 4 

p.m. Monday through Friday at the 

following locations: Oklahoma 

Department of Environmental Quality, 

707 North Robinson, Oklahoma City, 

Oklahoma 73101–1677, (405) 702–7180 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. 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, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214) 

665–8533, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

E-mail address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 


erowe on DSK5CLS3C1PROD with RULES
18928 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273, and 

279. 

B. What decisions have we made in this 

rule? 

We conclude that Oklahoma’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Oklahoma 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Oklahoma has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders. Also section 10211(a) of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

(‘‘SAFETEA’’), Public Law 109–59, 119 

Statute 1144 (August 10, 2005) provides 

the State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C in Indian 

Country and for carrying out the aspects 

of the RCRA program described in its 

revised program application, subject to 

the limitations of the Hazardous and 

Solid Waste Amendments of 1984 

(HSWA). New Federal requirements and 

prohibitions imposed by Federal 

regulations that the 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 

Oklahoma including issuing permits, 

until the State is granted authorization 

to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in Oklahoma 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. Oklahoma 

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 

regulations for which Oklahoma is being 

authorized by today’s action is already 

effective under State law, and are not 

changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

The EPA did not publish a proposal 

before today’s 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 today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

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 on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, 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, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified in this document. The 

Federal Register withdrawal document 

will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. For what has Oklahoma previously 

been authorized? 

Oklahoma initially received final 

Authorization on January 10, 1985 (49 

FR 50362–50363) published December 

27, 1984 to implement its base 

hazardous waste management program. 

We authorized the following revisions: 

Oklahoma received authorization for 

revisions to its program with 

publication dates: April 17, 1990 (55 FR 

14280–14282), effective June 18, 1990; 

September 26, 1990 (55 FR 39274) 

effective November 27, 1990; April 2, 

1991 (56 FR 13411–13413) effective 

June 3, 1991; September 20, 1991 (56 FR 

47675–47677) effective November 19, 

1991; September 29, 1993 (58 FR 

50854–50856) effective November 29, 

1993; October 12, 1993 (58 FR 52679– 

52682) effective December 13, 1993; 

October 7, 1994 (59 FR 51116–51122) 

effective December 21, 1994; January 11, 

1995 (60 FR 2699–2702) effective April 

27, 1995; October 9, 1996 (61 FR 52884– 

52886) effective December 23, 1996; 

Technical Correction March 14, 1997 

(62 FR 12100–12101) effective March 

14, 1997; September 22, 1998 (63 FR 

50528–50531) effective November 23, 

1998; March 29, 2000 (65 FR 16528– 

16532) effective May 30, 2000; May 10, 

2000 (65 FR 29981–29985) effective 

June 10, 2000; January 2, 2001 (66 FR 

28–33) effective March 5, 2001; April 9, 

2003 (68 FR 17308–17311) effective 

June 9, 2003 and February 4, 2009 (74 

FR 5994–6001). The authorized 

Oklahoma RCRA program was 

incorporated by reference into the CFR 

published on December 9, 1998 (63 FR 

67800–67834) effective February 8, 

1999, August 26, 1999 (64 FR 46567– 

46571) effective October 25, 1999, 

August 27, 2003 (68 FR 51488–51492) 

effective October 27, 2003 and August 

27, 2010 (75 FR 36546) June 28, 2010. 

On March 26, 2010, and January 18, 

2011, Oklahoma submitted a final 

complete program revision application 

seeking authorization of its program 

revision in accordance with 40 CFR 

271.21. 

The Oklahoma Hazardous Waste 

Management Act (‘‘OHWMA’’) provides 

the ODEQ with the authority to 

administer the State Program, including 

the statutory and regulatory provisions 

necessary to administer the provisions 

of RCRA Cluster XVIII, and designates 

the ODEQ as the State agency to 

cooperate and share information with 

EPA for purpose of hazardous waste 

regulation. The Oklahoma 

Environmental Quality Code (‘‘Code’’), at 

27A O.S. Sections establishes an EQB to 

be the rulemaking body for the DEQ, 

specifically charged with the 

responsibility of promulgating rules to 

implement the duties and 

responsibilities of the DEQ. The EQB 

consists of 13 members appointed by 

the Governor with the advice and 

consent of the State senate. The Code, 

27A O.S. Section 2–2–201, also 

establishes a Hazardous Waste 

Management Advisory Council 

(‘‘Council’’) with the authority to 

recommend rules to the Board on behalf 

of the ODEQ. 

The Environmental Quality Act, at 

27A O.S. Section 1–3–101(E), grants the 

Oklahoma Corporation Commission 

(‘‘OCC’’) authority to regulate certain 

aspects of the oil and gas production 

and transportation industry in 

Oklahoma, including certain wastes 

generated by pipelines, bulk fuel sales 

terminals and certain tank farms, as well 

as underground storage tanks. To clarify 

areas of environmental jurisdiction, the 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 18929 

ODEQ and OCC developed an ODEQ/ 

OCC Jurisdictional Guidance Document 

to identify respective areas of 

jurisdiction. The current ODEQ/OCC 

jurisdictional Guidance Document was 

amended and signed on January 27, 

1999. The revisions to the State Program 

necessary to administer Cluster XVIII 

and Checklist 220 in RCRA Cluster XIX 

will not affect the jurisdictional 

authorities of the ODEQ or OCC. 

The Board adopted RCRA Cluster 

XVIII amendments on November 18, 

2008 and became effective on July 1, 

2009 and also adopted RCRA Cluster 

XIX which is part of Checklist 220 on 

March 24, 2010 with an effective date 

July 11, 2010. The rules were also 

codified at OAC 252:205 et seq, 

Subchapter. 

Pursuant to OAC 252:205–3–2, the 

State’s incorporation of Federal 

regulations does not incorporate 

prospectively future changes to the 

incorporated sections of the 40 CFR, and 

no other Oklahoma law or regulation 

reduces the scope of coverage or 

otherwise affects the authority provided 

by these incorporated-by-reference 

provisions. Further, Oklahoma 

interprets these incorporated provisions 

to provide identical authority to the 

Federal provisions. Thus, OAC Title 

252, Chapter 205 provides equivalent 

and no less stringent authority than the 

Federal Subtitle C program in effect July 

1, 2009 and July 11, 2010. The State of 

Oklahoma incorporate by reference the 

provisions of 40 Code of Federal 

Regulations (CFR) parts 124 of 40 CFR 

that are required by 40 CFR 271.14 (with 

the addition of 40 CFR 124.19(a) 

through (c), 124.19(e), 124.31, 124.32, 

124.33 and Subpart G); 40 CFR parts 

260–268 [with the exception of 260.21, 

261.(b)(18), 262 subparts E and H, 

264.1(f), 264.1(g)(12), 264.149, 264.150, 

264.301(1), 264.1030(d), 264.1050(g), 

264.1080(e), 264.1080(f), 264.1080(g), 

265.1(c)(4), 265.1(g)12), 265.149, 

265.150, 265.1030(c), 265.1050(f) 

265.1080(e), 265.1080(f), 265.1080(g), 

268.5, 268.6, 268.13, 268.42(b), and 

268.44(a) through (g)]; 40 CFR part 270 

[with the exception of 270.1(c)(2)(ix and 

270.14(b)(18)]; 40 CFR part 273; and 40 

CFR part 279. 

The OHWMA provides the DEQ with 

the authority to administer the State 

Program, including the statutory and 

regulatory provisions necessary to 

administer the provisions of RCRA 

Cluster XVIII and Checklist 220 in 

RCRA Cluster XIX, designates the DEQ 

as the State agency to cooperate and 

share information with the EPA for the 

purpose of hazardous waste regulation. 

Pursuant to 27A O.S. Section 2–7– 

104, the Executive Director has created 

the Land Protection Division (‘‘LPD’’) to 

be responsible for implementing the 

State Program. The LPD is staffed with 

personnel that have the technical 

background and expertise to effectively 

implement the provisions of the State 

program subtitle C Hazardous Waste 

Management program. 

G. What changes are we approving with 

today’s action? 

On March 26, 2010, and January 11, 

2011, the State of Oklahoma submitted 

final complete program applications, 

seeking authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action that the State of 

Oklahoma’s hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for final 

authorization. The State of Oklahoma 

revisions consist of regulations which 

specifically govern Federal Hazardous 

Waste revisions promulgated from July 

1, 2007 through December 31, 2008 

(RCRA Cluster XVIII and Checklist 220 

in RCRA Cluster XIX). Oklahoma 

requirements are included in a chart 

with this document. 

Description of Federal requirement 

(include checklist #, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority Analogous state authority 

1. Exclusion of Oil-Bearing Secondary Materials 

Processed in a Gasification System to 

Produce Synthesis. (Checklist 216).

73 FR 57–72 January 2, 2008. ........................ Oklahoma Statutes Title 27A Section 2–7–101 

et seq.; as amended through July 1, 2009. 

Oklahoma Administrative Code Rules 

252:205–3–2, effective July 1. 2009. Oklahoma Hazardous Waste Management Act, 

as amended effective July 1, 2009. 

2. NESHAP: Final Standards for Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments. 

(Checklist 217).

73 FR 18970–18984 April 8, 2008. ................. Oklahoma Statutes Title 27A Section 2–7–101 

et seq.; as amended through July 1, 2009. 

Oklahoma Administrative Code Rules 

252:205–3–2, effective July 1. 2009. Oklahoma Hazardous Waste Management Act, 

as amended effective July 1, 2009. 

3. F019 Exemption for Wastewater Treatment 

Sludges from Auto Manufacturing Zinc 

Phosphating. (Checklist 218).

73 FR 31756–31769 June 4, 2008. ................. Oklahoma Statutes Title 27A Section 2–7–101 

et seq.; as amended through July 1, 2009. 

Oklahoma Administrative Code Rules 

252:2053–2, effective July 1. 2009. Oklahoma Hazardous Waste Management Act, 

as amended effective July 1, 2009. 

4. Academic Laboratories Generator Standards. 

(Checklist 220).

73 FR 72912–72960 December 1, 2008. ........ Oklahoma Statutes Title 27A Section 2–7–101 

et seq.; as amended through July 1, 2009. 

Oklahoma Administrative Code Rules 

252:205–3–2, effective July 1, 2009. Oklahoma Hazardous Waste Management Act 

as amended effective July 11, 2010. 

H. Where are the revised state rules 

different from the Federal rules? 

The only clarification in this FR 

notice is at OAC 252:205–3–2(c)(3) 

states ‘‘in 261.31(a) the listing for F019, 

at the end: ‘‘Zinc phosphate sludges 

meeting exemption conditions remain 

subject to regulations as hazardous 

waste characteristic’’ This statement is 

consistent with EPA’s interpretation of 

its rule and was added by way of 

clarification. 

I. Who handles permits after the 

authorization takes effect? 

Oklahoma will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 


erowe on DSK5CLS3C1PROD with RULES
18930 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 

administer any RCRA hazardous waste 

permits or portions of permits which we 

issued prior to the effective date of this 

authorization. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which Oklahoma is not yet 

authorized. 

J. How does today’s action affect Indian 

country (8 U.S.C. 1151) in Oklahoma? 

The State of Oklahoma Hazardous 

Program is not being authorized to 

operate in Indian Country. 

K. What is codification and is the EPA 

codifying Oklahoma’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart LL for this 

authorization of Oklahoma’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

L. Administrative Requirements 

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 

action authorizes State requirements for 

the purpose of RCRA 3006 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 

action authorizes preexisting 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). For the same 

reason, this action also does not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 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 authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. 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. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 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 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. 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 June 6, 2011. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

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

Dated: March 19, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–8169 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 413 

[CMS–1435–IFC] 

RIN 0938–AQ94 

Medicare Programs: Changes to the 

End-Stage Renal Disease Prospective 

Payment System Transition BudgetNeutrality Adjustment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule with 

comment will revise the end-stage renal 

disease (ESRD) transition budgetneutrality adjustment finalized in the 

CY 2011 ESRD Prospective Payment 

System (PPS) final rule for renal dialysis 

services provided on April 1, 2011 

through December 31, 2011. We are 

revising the transition budget-neutrality 

adjustment to reflect the actual election 

decision to receive payment under the 

ESRD PPS for renal dialysis services 

furnished on or after January 1, 2011 


erowe on DSK5CLS3C1PROD with RULES