74444 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C 191, 195; 33 CFR 1.05–

1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1.

■ 2. Add temporary § 165.T05–216 to 

read as follows:

§ 165.T05–216 Security Zone: Cape Fear 

River, Eagle Island and North Carolina State 

Port Authority Terminal, Wilmington, NC. 

(a) Location. The following area is a 

security zone: The grounds of the North 

Carolina State Port Authority, 

Wilmington Terminal and the southern 

portion of Eagle Island; and an area 

encompassed from South Wilmington 

Terminal at 34°10′38.394′′ N, 

077°57′16.248′′ W (Point 1); across Cape 

Fear River to Southernmost entrance of 

Brunswick River on the West Bank at 

34°10′38.052′′ N, 077°57′43.143′′ W 

(Point 2); extending along the West bank 

of the Brunswick River for 

approximately 750 yards to 

34°10′57.062′′ N, 077°58′01.342′′ W 

(Point 3); proceeding North across the 

Brunswick River to the east bank at 

34°11′04.846′′ N, 077°58′02.861′′ W 

(Point 4) and continuing north on the 

east bank for approximately 5000 yards 

along Eagle Island to 34°13′17.815′′ N, 

077°58′30.671′′ W (Point 5); proceeding 

East to 34°13′19.488′′ N, 077°58′24.414′′

W (Point 6); and then approximately 

1700 yards to 34°13′27.169′′ N, 

077°57′51.753′′ W (Point 7); proceeding 

East to 34°13′21.226′′ N, 077°57′19.264′′

W (Point 8); then across Cape Fear River 

to the Northeast corner of the Colonial 

Terminal Pier at 34°13′18.724′′ N, 

077°57′07.401′′ W (Point 9), 800 yards 

South of Cape Fear Memorial Bridge; 

Proceeding South along shoreline (east 

bank) of Cape Fear River for 

approximately 500 yards; Proceeding 

east inland to Wilmington State Port 

property line at 34°13′03.196′′ N, 

077°56′52.211′′ W (Point 10); extending 

South along Wilmington State Port 

property line to 34°12′43.409′′ N, 

077°56′50.815′′ W (Point 11); Proceeding 

to the North entrance of Wilmington 

State Port at 34°12′28.854′′ N, 

077°57′01.017′′ W (Point 12); Proceeding 

South along Wilmington State Port 

property line to 34°12′20.819′′ N, 

077°57′08.871′′ W (Point 13); Continuing 

South along the Wilmington State Port 

property line to 34°12′08.164′′ N, 

077°57′08.530′′ W (Point 14); Continuing 

along State Port property to 

34°11′44.426′′ N, 077°56′55.003′′ W 

(Point 15); Proceeding South to the main 

gate of the Wilmington State Port at 

34°11′29.578′′ N, 077°56′55.240′′ W 

(Point 16); Proceeding South 

approximately 750 yards to the 

Southeast property corner of the Apex 

facility at 34°11′10.936′′ N, 

077°57′04.798′′ W (Point 17); Proceeding 

West to East bank of Cape Fear River at 

34°11′11.092′′ N, 077°57′17.146′′ W 

(Point 18); Proceeding South along East 

bank of Cape Fear River to Original 

point of origin at 34°10′38.394′′ N, 

077°57′16.248′′ W (Point 1). (NAD 1983) 

(b) Captain of the Port. Captain of the 

Port means the Commanding Officer of 

the Marine Safety Office Wilmington, 

NC, or any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized to act on her behalf. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing security zones in 

33 CFR 165.33. 

(2) Persons or vessels with a need to 

enter or get passage within the security 

zone, must first request authorization 

from the Captain of the Port. The 

Captain of the Port’s representative 

enforcing the zone can be contacted on 

VHF marine band radio, channel 16. 

The Captain of the Port can be contacted 

at (910) 772–2200 or toll free (877) 229–

0770. 

(3) The operator of any vessel within 

this security zone must: 

(i) Stop the vessel immediately upon 

being directed to do so by the Captain 

of the Port or his or her designated 

representative. 

(ii) Proceed as directed by the Captain 

of the Port or his or her designated 

representative. 

(d) Effective period. This section is 

effective from December 3, 2004, until 

April 1, 2005.

Dated: November 30, 2004. 

Jane M. Hartley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Wilmington, North Carolina.

[FR Doc. 04–27304 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7847–9] 

North Carolina: Final Authorization of 

State Hazardous Waste Management 

Program Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: North Carolina has applied to 

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. 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 get 

written comments which oppose this 

authorization during the comment 

period, the decision to authorize North 

Carolina’s changes to their hazardous 

waste program will take effect. If we get 

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 February 14, 2005, 

unless EPA receives adverse written 

comment by January 13, 2005. If 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: Send written comments to 

Thornell Cheeks, North Carolina 

Authorizations Coordinator, RCRA 

Programs Branch, Waste Management 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street, SW., Atlanta, GA, 

30303–3104; (404) 562–8479. You may 

also e-mail your comments to 

Cheeks.Thornell@epa.gov or submit 

your comments at http://

www.regulation.gov. Copies of North 

Carolina’s applications may be viewed 

from 9 a.m. to 4 p.m. at the following 

addresses: North Carolina Department of 

Environment and Natural Resources, 

401 Oberlin Rd., Suite 150, Raleigh, 

North Carolina 29201, (919) 733–2178; 

and EPA Region 4, Atlanta Federal 

Center, Library, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303; (404) 562–8190, 

John Wright, Librarian.

FOR FURTHER INFORMATION CONTACT:

Thornell Cheeks, North Carolina 

Authorizations Coordinator, RCRA 

Programs Branch, Waste Management 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street, SW., Atlanta, GA, 

30303–3104; (404) 562–8479.

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 74445

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from 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 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 

changes to 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 North Carolina’s 

applications to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant North 

Carolina Final authorization to operate 

its hazardous waste program with the 

changes described in the authorization 

applications. North Carolina has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders (except 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 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are requirements. Thus, EPA 

will implement those requirements and 

prohibitions in North Carolina, 

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 North Carolina 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. North 

Carolina has enforcement 

responsibilities under its State 

hazardous waste program for violations 

of such program, but 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 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which North Carolina is 

being authorized by today’s action are 

already effective, and are not changed 

by today’s action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

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 EPA Receives 

Comments That Oppose This Action? 

If 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. 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 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 above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. What Has North Carolina Previously 

Been Authorized for? 

North Carolina initially received final 

authorization on December 14, 1984, 

effective December 31, 1984 (49 FR 

48694), to implement its base hazardous 

waste management program. We granted 

authorization for changes on March 25, 

1986 (51 FR 10211), effective April 8, 

1986, August 5, 1988 (53 FR 1988), 

effective October 4, 1988, February 9, 

1989 (54 FR 6290), effective April 

10,1989, September 22, 1989 (54 FR 

38993), effective November 21, 1989, 

January 18, 1991 (56 FR 1929), effective 

March 19, 1991, April 10, 1991 (56 FR 

14474), effective June 9, 1991, July 19, 

1991 (56 FR 33206), effective September 

17, 1991, April 27, 1992 (57 FR 15254), 

effective June 26, 1992, December 12, 

1992 (57 FR 59825), effective February 

16, 1993, June 3, 1993 (58 FR 31474) 

effective June 3, 1993, January 27, 1994 

(59 FR 3792), effective March 28 1994, 

April 4, 1994 (59 FR 15633), effective 

June 3, 1994, June 23, 1994 (59 FR 

32378), effective August 22, 1994, 

November 10, 1994 (59 FR 56000), 

effective January 9, 1995, September 27, 

1995 (60 FR 49800), effective November 

27, 1995, April 25, 1996 (61 FR 18284), 

effective June 24, 1996, October 23, 

1998 (63 FR 56834), effective December 

22, 1998, August 25 1999 (64 FR 46298), 

effective October 25, 1999. North 

Carolina most recently received 

authorization for revisions to its 

program on February 28, 2002 (67 FR 

9219), effective April 29, 2002. 

G. What Changes Are We Authorizing 

With Today’s Action? 

On April 27, 2001, and March 25, 

2002, North Carolina submitted a final 

complete program revision application, 

seeking authorization of their changes in 

accordance with 40 CFR 271.21. North 

Carolina’s provisions consists of 

provisions promulgated July 1, 1997, 

through June 30, 1998 (RCRA VIII), and 

July 1, 1998, through June 30, 2000, 

otherwise known as RCRA IX and X. 

The rule adoption for the provisions of 

RCRA VIII, IX, and X covered in this 

action became effective August 1, 2000, 

unless otherwise noted. North Carolina 

Statues at section 150B–21.6 and section 

130A–294 allow the North Carolina 

Department of Environment and Natural 

Resources to administer the rules 

governing hazardous waste 

management. We now make an 

immediate final decision, subject to 

receipt of written comments that oppose 

this action, that North Carolina’s 

hazardous waste program revisions 

satisfy all of the requirements necessary 

to qualify for Final authorization. 

Therefore, we grant North Carolina 

Final authorization for the following 

program changes:

74446 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

Federal Register Federal Register Analogous State authority 1

Land Disposal Restrictions Phase IV—Hazardous Soils Treatment Standards and Exclusions; Checklist 167 B RCRA Cluster VIII, HSWA Provision.63 FR 28556–28753, May 26, 1998 15A NCAC 13A.0112(a) 

15A NCAC 13A.0112(c) 

15A NCAC 24B.0001 

Hazardous Waste Combusters; Revised Standards; Checklist 168 RCRA 

VIII.

63 FR 33782–33829, June 19, 1998 15A NCAC 13A.0106(a) 

15A NCAC 13A.0106(d) 

15A NCAC 13A.0113(g) 

15A NCAC 13A.0113(j) 

Petroleum Refining Process Wastes; Checklist 169 RCRA Cluster IX, 

HSWA/non-HSWA Provision.

63 FR 42110–42189, August 6, 1998 15A NCAC 13A.0106(a) 

15A NCAC 13A.0106(d) 

15A NCAC 13A.0106(e) 

15A NCAC 13A.0111(d) 

15A NCAC 13A.0112(b) 

15A NCAC 13A.0112(c) 

Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizers, 

Amendment; Checklist 170 RCRA Cluster IX, HSWA Provision.

63 FR 46332–46334, August 31, 

1998.

15A NCAC 13A.0112(c) 

Emergency Revision of the Land Disposal Restrictions (LDR) Treatment 

Standards for Listed Hazardous Waste from Carbamate Production. 

Checklist 171 RCRA Cluster IX, HSWA Provision.

63 FR 47410–47418, September 4, 

1998.

15A NCAC 13A.0112(c) 

Land Disposal Restrictions Phase IV—Extension of Compliance Date for 

Characteristic Slags; Checklist 172 RCRA Cluster IX, HSWA Provision.

63 FR 48124–48127, September 9, 

1998.

15A NCAC 13A.0112(b) 

Land Disposal Restrictions; Treatment Standards for Spent Potliners from 

Primary Aluminum Reduction (K088); Final Rule; Checklist 173 RCRA 

Cluster IX, HSWA Provision.

63 FR 51254–51267, September 24, 

1998.

15A NCAC 13A.0112(c) 

Post-Closure Permit Requirement and Closure Process; Checklist 174 

RCRA Cluster IX, HSWA /non-HSWA Provision.

63 FR 56710–56735, October 22, 

1998.

15A NCAC 13A.0109(b) 

15A NCAC 13A.0109(g) 

15A NCAC 13A.0109(h) 

15A NCAC 13A.0109(i) 

15A NCAC 13A.0110(f) 

15A NCAC 13A.0110(g) 

15A NCAC 13A.0110(h) 

15A NCAC 13A.0113(a) 2

15A NCAC 13A.0113(b) 

HWIR-Media; Checklist 175 RCRA Cluster IX, non-HSWA Provision .......... 63 FR 65874–65947, November 30, 

1998.

15A NCAC 13A.0102(b) 

15A NCAC 13A.0106(a) 

15A NCAC 13A.0109(b) 

15A NCAC 13A.0109(f) 

15A NCAC 13A.0109(g) 

15A NCAC 13A.0109(s) 

15A NCAC 13A.0110(a) 

15A NCAC 13A.0112(a) 

15A NCAC 13A.0112(d) 

15A NCAC 13A.0113(a) 

15A NCAC 13A.0113(b) 

15A NCAC 13A.0113(g) 

15A NCAC 13A.0113(j) 

Universal Waste Rule Technical Amendments; Checklist 176 RCRA Cluster IX, non HSWA Provision.63 FR 71225–71230, December 24, 

1998.

15A NCAC 13A.0111(c) 

15A NCAC 13A.0119(a) 3

Organic Air Emissions Standards: Clarification and Technical Amendments; Checklist 177 RCRA Cluster IX, HSWA Provision.64 FR 3382, January 21, 1999 ......... 15A NCAC 13A.0107(c) 

15A NCAC 13A.0109(v) 4

15A NCAC 13A.0109(x) 

15A NCAC 13A.0110(u) 

Petroleum Refining Process Wastes Leachate Exemption; Checklist 178 

RCRA Cluster IX, HSWA Provision.

64 FR 6806, February 11, 1999 ........ 15A NCAC 13A.0106(a) 

Land Disposal Restrictions Phase IV—Technical Corrections and Clarifications to Treatment Standards; Checklist 179 RCRA Cluster IX, HSWA/

non-HSWA Provision.

64 FR 25408–25417, May 11, 1999 15A NCAC 13A.0106(a) 

15A NCAC 13A.0107(c) 5

15A NCAC 13A.0112(a) 

15A NCAC 13A.0112(c) 

Test Procedures for the Analysis of Oil and Grease and Non-Polar Material; Checklist 180 RCRA Cluster IX, non-HSWA Provision.64 FR 26315–26327, May 14, 1999 15A NCAC 13A.0101(e) 

Universal Waste Rule: Specific Provisions for Hazardous Waste Lamps; 

Checklist 181 RCRA Cluster X, non-HSWA Provision.

64 FR 36466–36490, July 6, 1999 .... 15A NCAC 13A.0102(b) 

15A NCAC 13A.0106(a) 

15A NCAC 13A.0109(b) 

15A NCAC 13A.0110(a) 

15A NCAC 13A.0112(a) 

15A NCAC 13A.0113(a) 

15A NCAC 13A.0119(a) 

15A NCAC 13A.0119(b) 

15A NCAC 13A.0119(c) 

15A NCAC 13A.0119(d) 

15A NCAC 13A.0119(e) 

15A NCAC 13A.0119(g) 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 74447

Federal Register Federal Register Analogous State authority 1

Hazardous Air Pollutant Standards for Combusters; Checklist 182 RCRA 

Cluster X, HSWA/non-HSWA Provision.

64 FR 52828–53077, September 30, 

1999.

15A NCAC 13A.0102(b) 

15A NCAC 13A.0106(d) 

15A NCAC 13A.0109(q) 

15A NCAC 13A.0109(u) 

15A NCAC 13A.0110(o) 

15A NCAC 13A.0111(d) 

15A NCAC 13A.0111(f) 

15A NCAC 13A.0113(b) 

15A NCAC 13A.0113(g) 

15A NCAC 13A.0113(i) 

Land Disposal Restrictions Phase IV—Technical Corrections; Checklist 

183 RCRA Cluster X, HSWA/non-HSWA Provision.

64 FR 56469–56472, October 20, 

1999.

15A NCAC 13A.0106(d) 

15A NCAC 13A.0107(c) 

15A NCAC 13A.0112(a) 

15A NCAC 13A.0112(c) 

Accumulation Time for Waste Water Treatment Sludges; Checklist 184 

RCRA Cluster X, non-HSWA Provision.

65 FR 12378–12398, March 8, 2000 15A NCAC 13A.0107(c) 

Organobromine Production Waste Vacutur; Checklist 185 RCRA Cluster X, 

HSWA Provision.

65 FR 14472–14475, March 17, 

2000.

15A NCAC 13A.0106(d) 

15A NCAC 13A.0106(e) 

15A NCAC 13A.0112(b) 

15A NCAC 13A.0112(c) 

Petroleum Refining Process Wastes—Clarification; Checklist 187 RCRA 

Cluster X, HSWA Provision.

64 FR 36365–36367, June 8, 2000 .. 15A NCAC 13A.0106(d) 

15A NCAC 13A.0112(e) 

1The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules 15A NCAC 13A, August 1, 2000 and Solid 

Waste Management Law (October 1999), unless otherwise stated. 2 15A NCAC 13A.0113; effective November 19, 1980; Recodified from 15A 13A. 0013 effective December 20, 1996; Amended effective April 1, 

2001. 3 15A NCAC 13A.0119; effective January 1, 1996; Recodified from 15A 13A. 0019 effective December 20, 1996; Amended effective April 1, 

2001. 4 15A NCAC 13A.0109; effective November 19, 1980; Amended effective. July 1, 1995, Recodified from 15A 13A. 0009 Eff. December 20, 

1996; Amended effective April 1, 2001. 5 15A NCAC 13A.0107; effective November 19, 1980; Recodified from 15A 13A. 0007 effective December 20, 1996; Amended effective April 1, 

2001. 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

There are no State requirements that 

are more stringent or broader in scope 

than the Federal requirements. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

North Carolina will issue permits for 

all the provisions for which it is 

authorized and will administer the 

permits it issues. EPA will continue to 

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 above after the effective date of 

this authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which North Carolina 

is not yet authorized. 

J. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 115) in North 

Carolina? 

North Carolina is authorized to carry 

out its hazardous waste program in 

Indian Country within the State, which 

includes the Cherokee Indian Nation. 

Therefore, this action has no effect on 

Indian Country. EPA will continue to 

implement and administer the RCRA 

program in these lands. 

K. What Is Codification and Is EPA 

Codifying North Carolina’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 Code 

of Federal Regulations. We do this by 

referencing the authorized State rules in 

40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

PP for this authorization of North 

Carolina’s program changes until a later 

date. 

L. Administrative Requirements 

The Office of Management and Budget 

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. 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 

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 (Public Law 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. 

74448 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

Under RCRA section 3006(b), 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 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) do not apply. As required by 

Section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. 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. 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 February 14, 

2005.

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians 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: December 7, 2004. 

A. Stanley Meiburg, 

Deputy Regional Administrator, Region 4.

[FR Doc. 04–27363 Filed 12–13–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300

[FRL–7844–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final deletion of the York 

County Solid Waste and Refuse 

Authority Superfund Site from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is publishing a 

direct final notice of deletion of the 

York County Solid Waste and Refuse 

Authority Superfund Site (Site) located 

in Hopewell Township, York County, 

Pennsylvania, from the National 

Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final notice of 

deletion is being published by EPA with 

the concurrence of the Commonwealth 

of Pennsylvania, through the 

Pennsylvania Department of 

Environmental Protection (PADEP) 

because EPA has determined that all 

appropriate response actions under 

CERCLA have been completed and, 

therefore, further remedial action 

pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be 

effective February 14, 2005, unless EPA 

receives adverse comments by January 

13, 2005. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect.

ADDRESSES: Comments may be mailed 

to: Larry Johnson, Community 

Involvement Coordinator (3HS43), U.S. 

EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103 ((215) 814–

3239). 

Information Repositories:

Comprehensive information about the 

Site is available for viewing and copying 

at the Site Information Repositories at 

the following location: U.S. EPA Region 

III, Regional Center for Environmental 

Information (RCEI), 1650 Arch Street, 

Philadelphia, PA 19103 (phone: (215) 

814–5364, open Monday through Friday 

8 a.m. to 4:30 p.m) and the MasonDixon Public Library, Main Street, 

Stewartstown, Pennsylvania 17363.

FOR FURTHER INFORMATION CONTACT:

Romuald A. Roman, Remedial Project 

Manager (3HS22), U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103 (phone: (215) 814–3212; fax: 

(215) 814–3002; e-mail: 

roman.romuald@epa.gov).

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action

I. Introduction 

EPA Region III is publishing this 

direct final deletion of the York County 

Solid Waste and Refuse Authority 

Superfund Site from the NPL. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and 

maintains the NPL as the list of those 

sites. As described in § 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for remedial actions if 

conditions at a deleted site warrant such 

action. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This action 

will be effective February 14, 2005 

unless EPA receives adverse comments 

by January 13, 2005 on this notice or the 

parallel notice of intent to delete 

published in the Proposed Rules section 

of today’s Federal Register. If adverse 

comments are received within the 30-

day public comment period on this 

notice or the notice of intent to delete, 

EPA will publish a timely withdrawal of 

this direct final deletion before the 

effective date of the deletion and the 

deletion will not take effect. EPA will, 

as appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures