34200 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves increasing the size of an 

anchorage, which is categorically 

excluded, under Figure 2–1, paragraph 

34(f) of the Instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 110 

Anchorage Grounds 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 110.228(a)(10) to read as 

follows: 

§ 110.228 Columbia River, Oregon and 

Washington. 

(a) * * * 

(10) Cottonwood Island Anchorage. 

An area enclosed by a line beginning 

west-southwest of Longview, WA at 

latitude 46° 05′ 56.83′′ N longitude 122° 

56′ 53.22′′ W; thence continuing easterly 

to latitude 46° 05′ 14.02′′ N longitude 

122° 54′ 45.75′′ W; thence continuing 

east-southeasterly to latitude 46° 04′ 

57.08′′ N longitude 122° 54′ 12.46′′ W; 

thence continuing southeasterly to 

latitude 46° 04′ 37.26′′ N longitude 122° 

53′ 45.50′′ W; thence continuing southsoutheasterly to latitude 46° 04′ 13.70′′ 

N longitude 122° 53′ 23.72′′ W; thence 

continuing south southeasterly to 

latitude 46° 03′ 54.92′′ N longitude 122° 

53′ 11.88′′ W; thence continuing southsoutheasterly to latitude 46° 03′ 34.95′′ 

N longitude 122° 53′ 03.24′′ W; thence 

continuing south-southeasterly to 

latitude 46° 03′ 11.60′′ N longitude 122° 

52′ 56.36′′ W; thence continuing 

southerly to latitude 46° 02′ 27.30′′ N 

longitude 122° 52′ 52.05′′ W; thence 

continuing westerly to latitude 46° 02′ 

26.90′′ N longitude 122° 53′ 00.47′′ W; 

thence continuing northerly to latitude 

46° 03′ 00.78′′ N longitude 122° 53′ 

05.89′′ W; thence continuing northnorthwesterly to latitude 46° 03′ 32.06′′ 

N longitude 122° 53′ 19.68′′ W; thence 

continuing north-northwesterly to 

latitude 46° 03′ 50.84′′ N longitude 122° 

53′ 27.81′′ W; thence continuing northnorthwesterly to latitude 46° 04′ 08.10′′ 

N longitude 122° 53′ 38.70′′ W; thence 

continuing north-northwesterly to 

latitude 46° 04′ 29.41′′ N longitude 122° 

53′ 58.17′′ W; thence continuing northnorthwesterly to latitude 46° 04′ 49.89′′ 

N longitude 122° 54′ 21.57′′ W; thence 

continuing northwesterly to latitude 46° 

05′ 06.95′′ N longitude 122° 54′ 50.65′′ 

W; thence continuing northwesterly to 

latitude 46° 05′ 49.77′′ N longitude 122° 

56′ 58.12′′ W; thence continuing northnortheasterly to the beginning point at 

latitude 46° 05′ 56.83′′ N longitude 122° 

56′ 53.22′′ W. 

* * * * * 

Dated: May 11, 2011. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2011–14505 Filed 6–10–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 268 and 271 

[EPA–HQ–RCRA–2008–0332; FRL–9318–3] 

RIN 2050–AG65 

Land Disposal Restrictions: Revision 

of the Treatment Standards for 

Carbamate Wastes 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to revise the Land Disposal 

Restrictions (LDR) treatment standards 

for hazardous wastes from the 

production of carbamates and carbamate 

commercial chemical products, offspecification or manufacturing chemical 

intermediates and container residues 

that become hazardous wastes when 

they are discarded or intended to be 

discarded. Currently, under the LDR 

program, most carbamate wastes must 

be treated to meet numeric 

concentration limits before they can be 

land disposed. However, the lack of 

readily available analytical standards 

makes it difficult to measure whether 

the numeric LDR concentration limits 

have been met. Therefore, we are 

proposing as an alternative the use of 

the best demonstrated available 

technologies (BDAT) for treating these 

wastes. In addition, this action proposes 

to remove the carbamate Regulated 

Constituents from the table of Universal 

Treatment Standards. 

DATES: Written comments must be 

received by July 13, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2008–0332, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

jackson.mary@epa.gov. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. 

• Mail: RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0332. Please include a total of 2 copies. 

• Hand Delivery: Please deliver 2 

copies to the EPA Docket Center (EPA/ 

DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. 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–HQ–RCRA–2008– 

0332. 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 www.regulations.gov 

or e-mail. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 34201 

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 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the HQ–Docket Center, 

Docket ID No. EPA–HQ–RCRA–2008– 

0332, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the RCRA 

Docket is (202) 566–0270. A reasonable 

fee may be charged for copying docket 

materials. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this proposed 

rulemaking, contact Mary Jackson, 

Office of Resource Conservation and 

Recovery (MC: 5304P), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. She can also be reached by 

telephone on 703–308–8453 or by email at jackson.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed 

rule? 

EPA is proposing to revise the Land 

Disposal Restrictions (LDR) treatment 

standards for hazardous wastes from the 

production of carbamates and carbamate 

commercial chemical products, offspecification or manufacturing chemical 

intermediates and container residues 

that become hazardous wastes when 

they are discarded or intended to be 

discarded. This action is being taken 

because there may be no analytical 

standards readily available with which 

to measure compliance with the LDR 

requirements. An analytical standard is 

a reference material with a known 

concentration of a target chemical that 

is used to calibrate analytical 

instruments in order to confirm 

detection and quantification of that 

chemical. 

RCRA LDR-related statutory language 

prohibits the land disposal of hazardous 

wastes unless wastes meet treatment 

standards set as concentration-based 

limits or methods of treatment designed 

to substantially diminish a hazardous 

waste’s toxicity and/or mobility. 

Currently under the LDR program, most 

carbamate hazardous wastes must be 

treated to meet numeric concentration 

limits before the wastes can be land 

disposed. The lack of readily available 

analytical standards makes it difficult to 

measure whether the numeric 

concentration limits have been met. 

Therefore, we are proposing as an 

alternative the use of the best 

demonstrated available technologies for 

treating these wastes. This will provide 

significant treatment to minimize 

threats to human health and the 

environment, while avoiding the 

problems that result from the lack of 

analytical standards when determining 

if the numeric concentration limits have 

been met. 

In addition, this action proposes to 

remove the carbamate Regulated 

Constituents from the table of Universal 

Treatment Standards at 40 CFR 268.48. 

We are taking this action so that they are 

not classified as underlying hazardous 

constituents requiring treatment to meet 

numeric concentration limits in wastes 

that display the characteristic of 

ignitability, reactivity, corrosivity or 

toxicity at the point of generation. 

Today’s proposed rule is necessary to 

allow hazardous waste management 

facilities to certify under 268.7 that 

carbamate-bearing wastes have been 

treated in compliance with the 

applicable LDR requirements. These 

facilities face potential curtailment of 

operations when they are unable to 

demonstrate waste and treatment 

residual concentrations meet the 

numerical LDR treatment standards 

through analytical testing. 

In the Rules and Regulations section 

of this Federal Register, we are taking 

Direct Final action on the proposed 

amendments because we view them as 

uncontroversial, and we anticipate no 

adverse comments. If we receive no 

adverse comments, we will take no 

further action on the proposed 

amendments and the Direct Final Rule 

will become effective as provided in 

that section. If we receive adverse 

comments, however, we will withdraw 

those amendments for which adverse 

comment was received. We will publish 

a timely withdrawal in the Federal 

Register indicating the amendments 

being withdrawn. If any of the Direct 

Final Rule amendments in the Rules 

and Regulations section of this Federal 

Register are withdrawn, all comments 

will be addressed in a subsequent final 

action based on the proposed 

amendments. We will not institute a 

second proposal or allow for a comment 

period on the subsequent final action. 

Therefore, any parties interested in 

commenting must do so at this time. 

The regulatory text for the proposal is 

identical to that for the Direct Final Rule 

published in the Rules and Regulations 

section of this Federal Register. For 

further supplementary information, see 

the Direct Final Rule. 

Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Statutory and Executive Order 

Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the Direct Final Rule 

in the Rules and Regulations section of 

today’s Federal Register. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
34202 Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules 

The Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as (1) a small business 

that is primarily engaged in hazardous 

waste treatment and disposal as defined 

by NAICS code 562211 with annual 

receipts of less than 12.5 million dollars 

(based on Small Business 

Administration size standards); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities because its 

merely establishes alternative treatment 

standards expressed as technologies that 

may be used to treat the carbamate 

hazardous waste under the LDR 

program. These carbamate hazardous 

wastes already are subject to numeric 

treatment standards under the LDR 

program, and thus, this rule will have 

no new impacts. Therefore, we hereby 

certify that this rule will not add any 

new regulatory requirements to small 

entities, and does not require a 

regulatory flexibility analysis. 

List of Subjects 

40 CFR Part 268 

Environmental protection, Hazardous 

waste, Land disposal restrictions. 

40 CFR Part 271 

Environmental protection, Hazardous 

waste. 

Dated: June 7, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–14592 Filed 6–10–11; 8:45 am] 

BILLING CODE 6560–50–P 


erowe on DSK5CLS3C1PROD with PROPOSALS-1