41284 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules 

title V of the CAA and its implementing 

regulations at 40 CFR 70.9. In today’s 

action, pursuant to 40 CFR 70.4(i)(2), 

EPA is proposing to approve NJDEP’s 

May 15, 2015 request to incorporate 

New Jersey’s Operating Permits Rule 

(N.J.A.C. 7:27–22) as revised on 

December 29, 2014 as a revision to New 

Jersey’s Operating Permit Program. EPA 

is soliciting public comments on EPA’s 

proposed action to incorporate the 

revised rule into the NJOPP. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

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 proposed action merely proposes 

to approve State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this 

proposed 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.). It also does not provide EPA 

with the discretionary authority to 

address, as appropriate, 

disproportionate human health or 

environmental effects, using practicable 

and legally permissible methods, under 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

Because this rule proposes to approve 

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 proposed 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 

proposes to approve a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Act. 

This proposed rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), 15 U.S.C. 272 

note, requires Federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise 

impracticable. In reviewing State 

Operating Permit Programs submitted 

pursuant to title V of the Clean Air Act, 

EPA will approve such regulations 

provided that they meet the 

requirements of the CAA and EPA’s 

regulations codified at 40 CFR part 70. 

In this context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove 

such regulations for failure to use VCS. 

It would, thus, be inconsistent with 

applicable law for EPA, when it reviews 

such regulations, to use VCS in place of 

a State regulation that otherwise 

satisfies the provisions of the Clean Air 

Act. Thus, the requirements of section 

12(d) of the NTTAA do not apply. 

This proposed 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.). 

List of Subjects in 40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

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

Dated: June 14, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2016–15004 Filed 6–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2016–0174; FRL–9947– 

05–Region 8] 

Wyoming: Proposed Authorization of 

State Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to grant 

authorization to the State of Wyoming 

for the changes to its hazardous waste 

program under the Solid Waste Disposal 

Act, as amended, commonly referred to 

as 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 a direct final 

action. In addition, the EPA is 

proposing to codify in the regulations 

entitled ‘‘Approved State Hazardous 

Waste Management Programs,’’ 

Wyoming’s authorized hazardous waste 

program. The EPA will incorporate by 

reference into the Code of Federal 

Regulations (CFR) those provisions of 

the State regulations that are authorized 

and that the EPA will enforce under 

RCRA. 

DATES: Send written comments by July 

25, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2016–0174 by mail to Christina 

Cosentini, Resource Conservation and 

Recovery Program, EPA Region 8, 1595 

Wynkoop Street, Mail Code 8P–R, 

Denver, Colorado 80202. You may also 

submit comments electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini at (303) 312–6231, 

cosentini.christina@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

changes to the Wyoming program, in 

addition to codifying and incorporating 

by reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 


sradovich on DSK3TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules 41285 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. 

Unless EPA receives written 

comments that oppose the authorization 

and incorporation by reference during 

the comment period, the direct final 

rule will become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose the 

authorization, we will withdraw the 

direct final rule and it will not take 

immediate effect. We will then respond 

to public comments in a later final rule 

based on this proposal. You may not 

have another opportunity for comment. 

If you want to comment on this action, 

you must do so at this time. 

Dated: May 11, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2016–14283 Filed 6–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2016–0131; FRL–9947– 

03–Region 8] 

South Dakota: Proposed Authorization 

of State Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to grant 

authorization to the State of South 

Dakota for the changes to its hazardous 

waste program under the Solid Waste 

Disposal Act, as amended, commonly 

referred to as the Resource Conservation 

and Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

state’s changes through a direct final 

action. In addition, the EPA is 

proposing to codify in the regulations 

entitled ‘‘Approved State Hazardous 

Waste Management Programs,’’ South 

Dakota’s authorized hazardous waste 

program. The EPA will incorporate by 

reference into the Code of Federal 

Regulations (CFR) those provisions of 

the State regulations that are authorized 

and that the EPA will enforce under 

RCRA. 

DATES: Send written comments by July 

25, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2016–0131 by mail to Christina 

Cosentini, Resource Conservation and 

Recovery Program, EPA Region 8, 1595 

Wynkoop Street, Mail Code: 8P–R, 

Denver, Colorado 80202. You may also 

submit comments electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini at (303) 312–6231, 

cosentini.christina@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

changes to the South Dakota program, in 

addition to codifying and incorporating 

by reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. 

Unless the EPA receives written 

comments that oppose the authorization 

and incorporation by reference during 

the comment period, the direct final 

rule will become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose the 

authorization, we will withdraw the 

direct final rule and it will not take 

immediate effect. We will then respond 

to public comments in a later final rule 

based on this proposal. You may not 

have another opportunity for comment. 

If you want to comment on this action, 

you must do so at this time. 

Dated: May 11, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2016–14297 Filed 6–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 16–182; RM–11770; DA 16– 

691] 

Radio Broadcasting Services; Eagle 

Butte, South Dakota 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a Petition for Rule Making 

filed by Cheyenne River Sioux Tribe, 

proposing to amend the FM Table of 

Allotments, section 73.202(b) of the 

Commission’s Rules, by allotting 

Channel 228C1 at Eagle Butte, South 

Dakota, as the first local Tribal-owned 

service. A staff engineering analysis 

indicates that Channel 228C1 can be 

allotted to Eagle Butte consistent with 

the minimum distance separation 

requirements of the Commission’s rules 

with no site restriction. The reference 

coordinates are 45–01–32 NL and 101– 

14–22 WL. 

DATES: Comments must be filed on or 

before August 8, 2016, and reply 

comments on or before August 23, 2016. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioner as follows: Harold 

Frazier, Cheyenne River Sioux Tribe, 

P.O. Box 1683, Eagle Butte, SD 57625. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

16–182, adopted June 16, 2016, and 

released June 17, 2016. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street SW., 

Washington, DC 20554. The full text is 

also available online at http://

apps.fcc.gov/ecfs/. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 


sradovich on DSK3TPTVN1PROD with PROPOSALS