Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 70583 

debt service on the financing. This final 

rule followed a proposed rule published 

on July 18, 2007 (72 FR 39546), that 

included financing options under both 

the Capital Fund and the Operating 

Fund, and that provided a 60-day period 

for public comment. Ultimately, only 

the Capital Fund portion became a final 

rule. 

During the period when HUD was 

responding to public comments and 

producing the final rule, the Department 

held discussions internally on the issue 

of whether this rule would have an 

annual effect on the economy of $1 

million or more, and therefore was an 

economically significant rule under 

Executive Order 12866 (Regulatory 

Planning and Review), and a major rule 

under the Congressional Review Act (5 

U.S.C. 801 et seq. See, specifically, the 

5 U.S.C. 804 definition of ‘‘major rule’’). 

The Department concluded that this 

rule would not have an annual effect on 

the economy of $1 million or more, and 

the Office of Management and Budget 

(OMB) agreed with HUD’s final 

assessment while the rule was under 

OMB review in accordance with 

Executive Order 12866. The economic 

impact of this rule is addressed in 

Section IV (Findings and Certifications) 

of the preamble to the final rule at 75 

FR 65206 through 65208. 

Following HUD’s final assessment 

that the rule was not economically 

significant, HUD failed to remove the 

‘‘Congressional Review of Final Rules,’’ 

paragraph from the preamble (see 75 FR 

65208), which is used by HUD in the 

case of major, economically significant 

rules under the Congressional Review 

Act and the Executive Order. This 

paragraph and its heading should not 

have been included in this preamble. 

This document corrects this error. This 

correction does not substantively 

change the rule. 

Accordingly, FR Doc. 2010–26404, 

Use of Public Housing Capital Funds for 

Financing Activities (FR–4843–F–02), 

published in the Federal Register on 

October 21, 2010 (75 FR 65198), is 

corrected as follows: 

On page 65208, in the second column, 

the paragraph entitled ‘‘Congressional 

Review of Final Rules’’ is removed. 

Dated: November 15, 2010. 

Aaron Santa Anna, 

Assistant General Counsel for Regulations. 

[FR Doc. 2010–29134 Filed 11–17–10; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2009–0922; FRL–8853–2] 

RIN 2070–AB27 

Cobalt Lithium Manganese Nickel 

Oxide; Withdrawal of Significant New 

Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is withdrawing a 

significant new use rule (SNUR) 

promulgated under section 5(a)(2) of the 

Toxic Substances Control Act (TSCA) 

for the chemical substance identified as 

cobalt lithium manganese nickel oxide 

(CAS No. 182442–95–1), which was the 

subject of premanufacture notice (PMN) 

P–04–269. EPA published the SNUR 

using direct final rulemaking 

procedures. EPA received a notice of 

intent to submit adverse comments on 

the rule. Therefore, the Agency is 

withdrawing the SNUR, as required 

under the expedited SNUR rulemaking 

process. Elsewhere in today’s Federal 

Register, EPA is publishing (under 

separate notice and comment 

rulemaking procedures), a proposed 

SNUR for this substance. 

DATES: This final rule is effective 

November 19, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; e-mail address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

September 20, 2010 (75 FR 57169) 

(FRL–8839–7). If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What rule is being withdrawn? 

In the Federal Register of September 

20, 2010 (75 FR 57169), EPA issued 

several direct final SNURs, including a 

SNUR for the chemical substance that is 

the subject of this withdrawal. These 

direct final rules were issued pursuant 

to the procedures in 40 CFR part 721, 

subpart D. In accordance with 40 CFR 

721.160(c)(3)(ii), EPA is withdrawing 

the rule issued for cobalt lithium 

manganese nickel oxide (PMN P–04– 

269; CAS No. 182442–95–1) at 40 CFR 

721.10201 because the Agency received 

a notice of intent to submit adverse 

comments. Elsewhere in today’s Federal 

Register, EPA is proposing a SNUR for 

this chemical substance via notice and 

comment rulemaking. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 

SNUR for the chemical substance being 

withdrawn was established at EPA–HQ– 

OPPT–2009–0922. That record includes 

information considered by the Agency 

in developing the rule and the notice of 

intent to submit adverse comments. 

III. How do I access the docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID no. EPA–HQ–OPPT– 

2009–0922. Additional information 

about the Docket Facility is provided 

under ADDRESSES in the Federal 

Register document of September 20, 

2010 (75 FR 57169). If you have 

questions, consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 

IV. What statutory and executive order 

reviews apply to this action? 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register 

document of September 20, 2010 (75 FR 

57169). Those review requirements do 

not apply to this action because it is a 

withdrawal and does not contain any 

new or amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 


jdjones on DSK8KYBLC1PROD with RULES
70584 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 

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). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 10, 2010. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

■ Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.10201. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10201 [Removed] 

■ 4. Remove § 721.10201. 

[FR Doc. 2010–29147 Filed 11–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194 

[EPA–HQ–OAR–2009–0330; FRL–9227–4] 

Criteria for the Certification and 

Recertification of the Waste Isolation 

Pilot Plant’s Compliance With the 

Disposal Regulations: Recertification 

Decision 

AGENCY: Environmental Protection 

Agency. 

ACTION: Recertification decision. 

SUMMARY: With this document, the 

Environmental Protection Agency (EPA) 

recertifies that the U.S. Department of 

Energy’s (DOE) Waste Isolation Pilot 

Plant (WIPP) continues to comply with 

the ‘‘Environmental Standards for the 

Management and Disposal of Spent 

Nuclear Fuel, High-Level and 

Transuranic (TRU) Radioactive Waste.’’ 

EPA initially certified that WIPP met 

applicable regulatory requirements on 

May 18, 1998, and the first shipment of 

waste was received at WIPP on March 

26, 1999. The first Compliance 

Recertification Application (CRA) was 

submitted by DOE to EPA on March 26, 

2004, and the Agency’s first 

recertification decision was issued on 

March 29, 2006. 

DATES: Effective November 18, 2010. 

FOR FURTHER INFORMATION CONTACT: Ray 

Lee or Jonathan Walsh, Radiation 

Protection Division, Mail Code 6608J, 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue, 

Washington, DC 20460; telephone 

number: 202–343–9463 or 202–343– 

9238; fax number: 202–343–2305; e-mail 

address: lee.raymond@epa.gov or 

walsh.jonathan@epa.gov. Copies of the 

Compliance Application Review 

Documents (CARDs) supporting today’s 

action and all other recertificationrelated documentation can be found in 

the Agency’s electronic docket found at 

http://www.regulations.gov (FDMS 

Docket ID No. EPA–HQ–OAR–2009– 

0330) or on its WIPP Web site (http:// 

www.epa.gov/radiation/wipp). 

SUPPLEMENTARY INFORMATION: EPA 

initially certified that WIPP met 

applicable regulatory requirements on 

May 18, 1998 (63 FR 27354), and the 

first shipment of waste was received at 

WIPP on March 26, 1999. The first 

Compliance Recertification Application 

(CRA) was submitted by DOE to EPA on 

March 26, 2004, and the Agency’s first 

recertification decision was issued on 

March 29, 2006 (71 FR 18010–18021). 

This action represents the Agency’s 

second periodic evaluation of WIPP’s 

continued compliance with the disposal 

regulations and WIPP Compliance 

Criteria. The compliance criteria 

implement and interpret the disposal 

regulations specifically for WIPP. As 

directed by Congress in the WIPP Land 

Withdrawal Act (LWA), this 

‘‘recertification’’ process will occur five 

years after the WIPP’s initial receipt of 

TRU waste (March 26, 1999), and every 

five years thereafter (e.g., March 2004, 

March 2009) until the end of the 

decommissioning phase. For each 

recertification—including the one being 

announced with today’s action—DOE 

must submit documentation of the site’s 

continuing compliance with the 

disposal regulations to EPA for review. 

In accordance with the WIPP 

Compliance Criteria, documentation of 

continued compliance was made 

available in EPA’s dockets, and the 

public was provided at least a 30-day 

period in which to submit comments. In 

addition, all recertification decisions 

must be announced in the Federal 

Register. According to the WIPP LWA, 

Section 8(f), these periodic 

recertification determinations are not 

subject to rulemaking or judicial review. 

This action is not a reconsideration of 

the decision to open WIPP. Rather, 

recertification is a process that evaluates 

changes at WIPP to determine if the 

facility continues to meet all the 

requirements of EPA’s disposal 

regulations. The recertification process 

ensures that WIPP’s continued 

compliance is demonstrated using the 

most accurate, up-to-date information 

available. 

This recertification decision is based 

on a thorough review of information 

submitted by DOE, independent 

technical analyses, and public 

comments. The Agency has determined 

that DOE continues to meet all 

applicable requirements of the WIPP 

Compliance Criteria, and with this 

notice, recertifies the WIPP facility. This 

recertification decision does not 

otherwise amend or affect EPA’s 

radioactive waste disposal regulations 

or the WIPP Compliance Criteria. 

Table of Contents 

I. General Information 

II. What is WIPP? 

A. 1998 Certification Decision 

B. 2006 Recertification Decision 

III. With which regulations must WIPP 

comply? 

A. Radioactive Waste Disposal Regulations 

& Compliance Criteria 

B. Compliance With Other Environmental 

Laws and Regulations 

IV. What has EPA’s role been at WIPP since 

the 1998 certification decision? 

A. Continuing Compliance 

B. Annual Change Reports 


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