78916 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

appear to harmonize clearly with 

Federal law. As discussed in more detail 

below, this final rule is intended to 

remedy those shortcomings, as well as 

make certain minor editorial revisions 

to the COPP regulations set forth in 39 

CFR 232.1. 

1. Paragraph (f) Gambling: The 

prohibition of lottery ticket sales 

contains an exception for RandolphSheppard vendors. This exception is 

amended to replace obsolete citations to 

Postal Service regulations with the 

statutory basis for the exception 

contained in the Randolph-Sheppard 

Act Amendments of 1974. Subsection 

(a)(5) of 20 U.S.C. 107a requires that 

blind vendors licensed to conduct 

vending operations on federal property 

be permitted to sell tickets ‘‘for any 

lottery authorized by State law and 

conducted by an agency of a State’’. This 

amendment harmonizes Postal Service 

regulations with the RandolphSheppard Act by citing 20 U.S.C. 107a 

(a)(5) as the statutory basis for the 

exception. 

2. Paragraph (m) Nondiscrimination: 

The nondiscrimination provision is 

amended to remove inappropriate 

references to employment policy. The 

Postal Service has determined that 

facilities regulations governing public 

access to and use of Postal Service 

property are not the appropriate venue 

for articulating employment policy. This 

amendment is necessary to eliminate 

potential conflict or redundancy with 

regard to employment regulations, and 

to correct the scope of the 

nondiscrimination provision of the 

COPP regulations, which governs the 

use of Postal Service facilities ‘‘of a 

public nature’’. 

3. Paragraph (o) Depositing Literature: 

The exception to the prohibition against 

depositing literature for posting of 

notices by U.S. Government-related 

organizations is amended to correct an 

outdated citation to title 36 of the 

United States Code. This amendment is 

necessary for consistency with title 36, 

which was revised in 1998 without 

substantive change (Pub. L. 105–225, 

section 501, 112 Stat. 1253). The 

amended regulation updates the 

statutory definition for U.S. 

Government-related organizations such 

as the Inaugural Committee, which is 

currently defined in 36 U.S.C. 501. 

4. Paragraph (p) Penalties and other 

law: The penalty provision is amended 

to incorporate the procedures for a 

sentence of a fine under title 18 of the 

United States Code. This amendment is 

necessary for consistency with title 18, 

which authorizes the Postal Service to 

promulgate regulations for the 

administration and protection of 

property under its charge and control 

and of any persons on such property. 18 

U.S.C. 3061. The Postal Accountability 

and Enhancement Act (Pub. L. 109–435, 

section 1001, 120 Stat. 3198) contains a 

penalty provision for violations of such 

regulations, codified at 18 U.S.C. 

3061(c). This penalty provision provides 

that ‘‘a person violating a regulation 

prescribed under this subsection 

[authorizing Postal Service 

promulgation of regulations for the 

protection of its property and persons 

on such property] shall be fined under 

[title 18].’’ 18 U.S.C. 3061(c)(4)(B). Title 

18 sets forth procedures for sentences of 

a fine for defendants found guilty of a 

criminal offense. 18 U.S.C. 3571. This 

amendment harmonizes Postal Service 

regulations with the Postal 

Accountability and Enhancement Act by 

citing 18 U.S.C. 3571 as the statutory 

basis for the penalty provision of the 

regulations. 

List of Subjects in 39 CFR Part 232 

Authority designations (Government 

agencies), Crime, Federal buildings and 

facilities, Government property, Law 

enforcement officers, Postal Service, 

Security measures. 

■ In view of the considerations 

discussed above, the Postal Service 

adopts the following amendments to 39 

CFR Part 232: 

PART 232—[Amended] 

■ 1. The authority citation for Part 232 

is revised to read as follows: 

Authority: 18 U.S.C. 13, 3061, 3571; 21 

U.S.C. 802, 844; 39 U.S.C. 401, 403(b)(3), 

404(a)(7), 1201(2). 

■ 2. In § 232.1, paragraphs (f), (m), 

(o)(3), and (p)(2) are revised to read as 

follows: 

§ 232.1 Conduct on postal property. 

* * * * * 

(f) Gambling. Participating in games 

for money or other personal property, 

the operation of gambling devices, the 

conduct of a lottery or pool, or the 

selling or purchasing of lottery tickets, 

is prohibited on postal premises. In 

accordance with 20 U.S.C. 107a(a)(5), 

this prohibition does not apply to the 

vending or exchange of State Lottery 

tickets at vending facilities operated by 

licensed blind persons where such 

lotteries are authorized by state law. 

* * * * * 

(m) Nondiscrimination. There must be 

no discrimination by segregation or 

otherwise against any person or persons 

because of race, color, religion, national 

origin, sex, or disability, in furnishing, 

or by refusing to furnish to such person 

or persons the use of any facility of a 

public nature, including all services, 

privileges, accommodations, and 

activities provided on postal property. 

* * * * * 

(o) * * * 

(3) Posting of notices by U.S. 

Government-related organizations, such 

as the Inaugural Committee as defined 

in 36 U.S.C. 501. 

(p) * * * 

(2) Whoever shall be found guilty of 

violating the rules and regulations in 

this section while on property under the 

charge and control of the Postal Service 

is subject to a fine as provided in 18 

U.S.C. 3571 or imprisonment of not 

more than 30 days, or both. Nothing 

contained in these rules and regulations 

shall be construed to abrogate any other 

Federal laws or regulations or any State 

and local laws and regulations 

applicable to any area in which the 

property is situated. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–31775 Filed 12–16–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2010–0859; FRL -9240–2] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, 

Commonwealth of Virginia; Control of 

Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerator 

(HMIWI) Units, Negative Declaration 

and Withdrawal of EPA Plan Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the Commonwealth of 

Virginia’s negative declaration and 

request for EPA withdrawal of its 

section 111(d)/129 plan (the plan) 

approval for HMIWI units. 

DATES: This rule is effective February 

15, 2011 without further notice, unless 

EPA receives adverse written comment 

by January 18, 2011. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0859 by one of the 

following methods: 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78917 

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

the on-line instructions for submitting 

comments. 

B. E-mail: E-mail: 

wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0859, 

Walter K. Wilkie, Associate Director, Air 

Protection Division, Office of Air 

Monitoring and Analysis, Mailcode 

3AP40, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0859. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

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 e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘Aanonymous access’’ system, which 

means 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 EPA without going through http:// 

www.regulations.gov, your e-mail 

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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

James B. Topsale, P.E., at (215) 814– 

2190, or by e-mail at 

topsale.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commonwealth of Virginia 

HMIWI plan and related State rule were 

approved by EPA in the September 10, 

2004 edition of the Federal Register and 

codified in 40 CFR Part 62, subpart VV. 

(69 FR 54756). An EPA correction 

notice, relating to the original notice 

SUMMARY, was published in the 

November 16, 2005 edition of the 

Federal Register. Since that time, all 

three designated incinerator facilities in 

the plan inventory have been 

dismantled, according to the 

Commonwealth of Virginia, Department 

of Environmental Quality (VADEQ). On 

October 6, 2009, EPA promulgated 

revised HMIWI emission guidelines 

under 40 CFR Part 60, subpart Ce, that 

triggered the need for revised State 

plans. As a result, on September 13, 

2010, the VADEQ requested EPA’s 

approval of its negative declaration and 

plan withdrawal request. The submitted 

negative declaration contains the name 

of each designated facility that 

permanently shutdown, and the year it 

was dismantled. 

II. Final Action 

EPA is approving the Commonwealth 

of Virginia’s negative declaration and 

request for EPA withdrawal of its plan 

approval for HMIWI units. VADEQ has 

determined that there are now no 

designated facilities, subject to subpart 

Ce requirements, in its air pollution 

control jurisdiction. EPA accepts that 

determination. Accordingly, EPA is 

amending part 62 to reflect approval of 

the VADEQ September 13, 2010 

negative declaration and request for 

EPA withdrawal of the HMIWI plan 

approval. However, if an affected 

Virginia HMIWI unit is discovered in 

the future, all the requirements of the 

Federal Plan (including revisions or 

amendments), part 62, subpart HHH, 

will be applicable to the affected unit. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

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 approves pre-existing 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). This rule also does not 

have Tribal implications because it will 

not have a substantial direct effect on 

one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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). This action merely 

approves a State rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Clean Air Act. This rule also is 

not subject to Executive Order 13045 (62 

FR 19885, April 23, 1997), because it 

approves a State rule implementing a 

Federal standard. 

In reviewing section 111(d)/129 plan 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 


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78918 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

EPA has no authority to disapprove a 

111(d)/129 plan submission for failure 

to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a 111(d)/129 plan 

submission, to use VCS in place of a 

111(d)/129 plan submission that 

otherwise satisfies the provisions of the 

Clean Air Act. 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. 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.). 

B. Submission to Congress and the 

Comptroller General 

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 rule 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 15, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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 approving the 

Commonwealth of Virginia section 

111(d)/129 negative declaration and 

request for EPA withdrawal of the 

HMIWI plan approval may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: December 2, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 62, Subpart VV, is 

amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. Section 62.11625 is amended by 

revising the section heading, 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 62.11625 Identification of plan—negative 

declaration. 

* * * * * 

(b) On September 13, 2010, the 

Commonwealth of Virginia, Department 

of Environmental Protection, submitted 

a negative declaration, and request for 

withdrawal of EPA’s plan approval 

under paragraph (a). 

■ 3. Section 62.11626 is removed. 

■ 4. Section 62.11627 is revised to read 

as follows: 

§ 62.11627 Effective date. 

The effective date of the negative 

declaration and EPA withdrawal of the 

plan approval is February 15, 2011. 

[FR Doc. 2010–31741 Filed 12–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261, 268, and 302 

[EPA–HQ–RCRA–2009–0310, FRL–9239–8] 

RIN 2050–AG55 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Removal of 

Saccharin and Its Salts From the Lists 

of Hazardous Constituents, Hazardous 

Wastes, and Hazardous Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final Rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

amending its regulations under the 

Resource Conservation and Recovery 

Act (RCRA) to remove saccharin and its 

salts from the lists of hazardous 

constituents and commercial chemical 

products which are hazardous wastes 

when discarded or intended to be 

discarded. EPA is also amending the 

regulations under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) to remove saccharin and its 

salts from the list of hazardous 

substances. This final rule is in response 

to a petition submitted to EPA by the 

Calorie Control Council (CCC) to remove 

saccharin and its salts from the above 

lists. EPA is granting CCC’s petition 

based on a review of the evaluations 

conducted by key public health agencies 

concerning the carcinogenic and other 

potential toxicological effects of 

saccharin and its salts, as well as EPA’s 

own assessment of the waste generation 

and management information for 

saccharin and its salts. This review/ 

assessment demonstrates that saccharin 

and its salts do not meet the criteria in 

the hazardous waste regulations for 

remaining on EPA’s lists of hazardous 

constituents, hazardous wastes, and 

hazardous substances. 

DATES: This final rule is effective on 

January 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2009–0310. All 

documents in the docket are listed in 

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

Certain material, such as copyrighted 

material, will be publicly available only 

in hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OSWER Docket in the EPA Docket 

Center (EPA/DC), EPA West, Room 

3334, 1301 Constitution Avenue, NW., 

Washington, DC 20460. The Public 

Meeting Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the OSWER Docket and the 

Public Reading Room is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

general information, review our Web 

site at http://www.epa.gov/epaoswer/ 

hazwaste. For information on specific 

aspects of the rule, contact Narendra 

Chaudhari of the Office of Resource 

Conservation and Recovery (5304P), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: 703–308–0454; e-mail address: 

chaudhari.narendra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Who is potentially affected by this 

final rule? 

This final rule could directly affect 

businesses that generate or manage 


srobinson on DSKHWCL6B1PROD with RULES