Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5991 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g. , specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 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 concluded under that this action is 

one of a category of actions which do 

not individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2. Figure 2–1, paragraph (34)(g), of 

the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves the 

establishing, disestablishing, or 

changing Regulated Navigation Areas, 

and security or safety zones. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.1323 to read as follows: 

§ 165.1323 Regulated Navigation Area: 

Willamette River Portland, Oregon Captain 

of the Port Zone. 

(a) Location. The following is a 

regulated navigation area (RNA): All 

waters of the Willamette River 

encompassed by a line commencing at 

45°34′.33′′ N, 122°44′17′′ W to 45°34′32′′ 

N, 122°44′18′′ W thence to 45°34′35′′ N, 

122°44′24′′ W thence to 45°34′35′′ N, 

122°44′27′′ W thence to 45°34′35′′ N, 

122°44′36′′ W thence to 45°34′35′′ N, 

122°44′37′′ W thence to 45°34′38′′ N, 

122°44′42′′ W to 45°34′39′′ N, 122°44′43′′ 

W thence to 45°34′44′′ N, 122°44′51′′ W 

thence to 45°34′45′′ N, 122°44′53′′ W 

thence to 45°34′47’’ N, 122°44′51′′ W 

thence to 45°34′45′′ N, 122°44′46′′ W to 

45°34′45′′ N, 122°44′45′′ W thence to 

45°34′47′′ N, 122°44′43′′ W thence to 

45°34′46′′ N, 122°44′42′′ W thence to 

45°34′48′′ N, 122°44′40’’ W thence to 

45°34′48′′ N, 122°44′38′′ W and along 

the shoreline to 45°34′46′′ N, 122°44′39′′ 

W and back to the point of origin. All 

coordinates reference 1983 North 

American Datum (NAD 83). 

(b) Regulations. (1) Anchoring, 

spudding, dredging, laying cable, 

dragging, trawling, conducting salvage 

operations, operating commercial 

vessels of any size, and operating 

recreational vessels greater than 30 feet 

in length are prohibited in the regulated 

area. 

(2) All vessels transiting or accessing 

the regulated area shall do so at no wake 

speed or at the minimum speed 

necessary to maintain steerage. 

Dated: December 2, 2008. 

J.P. Currier, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. E9–2308 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 6 

[EPA–HQ–OECA–2009–0006; FRL–8766–2] 

RIN 2020–AA48 

Procedures for Implementing the 

National Environmental Policy Act and 

Assessing the Environmental Effects 

Abroad of EPA Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is issuing a direct final 

rule to make corrections to its rule 

entitled ‘‘Procedures for Implementing 

the National Environmental Policy Act 

and Assessing the Effects Abroad of EPA 

Actions,’’ which was published 

September 19, 2007. Since the final rule 

became effective on October 19, 2007, 

EPA has received inquiries about some 

minor inconsistencies and ambiguities 

in the final rule. This action involves 

four minor, technical corrections to the 

rule to address those issues. The first 

correction expands the definition of 

‘‘applicants’’ to include those who 

request EPA approvals. The second 

change clarifies that a categorical 

exclusion includes vacant land. The 

third change corrects the text to indicate 

that the number of extraordinary 

circumstances is ten. The last change 

expands Subpart C to apply to EPA 

approvals as well as permits and 

assistance grants. 

DATES: This rule is effective on April 6, 

2009 without further notice, unless EPA 

receives adverse comment by March 6, 

2009. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2009–0006, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Hargrove.robert@epa.gov. 

• Fax: 202–564–0072, Attention: 

Robert Hargrove. 

• Mail: EPA–HQ–OECA–2009–0006, 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Enforcement 

and Compliance Docket and Information 

Center, Mailcode: 2201T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: Public Reading 

Room, Room B102, Enforcement and 

Compliance Docket and Information 

Center, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. 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–OECA–2009– 

0006. 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:// 

5992 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

www.regulations.gov or e-mail. The 

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

an ‘‘anonymous 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. 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 http:// 

www.regulations.gov or in hard copy at 

the Public Reading Room, Room B102, 

Enforcement and Compliance Docket 

and Information Center, EPA West, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room 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 OECA 

Docket is (202) 566–1752. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hargrove, Office of Enforcement 

and Compliance Assurance, NEPA 

Compliance Division (MC 2252A), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: (202) 564–7157; fax number: 

(202) 564–0072; e-mail address: 

Hargrove.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

preamble is organized according to the 

following outline: 

I. General Information 

A. Why Is EPA Using a Direct Final Rule? 

B. Does This Rule Apply to Me? 

C. Statutory Authority 

D. Background 

II. EPA’s Final Action 

III. Statutory and Executive Order Reviews 

I. General Information 

A. Why Is EPA Using a Direct Final 

Rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a non-controversial action and 

anticipate no adverse comment. The 

four changes that are being made to the 

rule involve no substantive or 

procedural changes. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to make these four 

corrections if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

B. Does This Rule Apply to Me? 

Those subject to this rule include EPA 

employees who must comply with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4347), and certain 

grant and permit applicants who must 

submit environmental information 

documentation to EPA for their 

proposed projects. 

C. Statutory Authority 

NEPA establishes the federal 

government’s national policy for 

protection of the environment. The CEQ 

Regulations at 40 CFR parts 1500 

through 1508 establish procedures 

implementing this national policy. The 

CEQ’s Regulations (40 CFR 1505.1) 

require federal agencies to adopt and, as 

needed, revise their own NEPA 

implementing procedures to 

supplement the CEQ Regulations and to 

ensure their decision-making processes 

are consistent with NEPA. 

D. Background 

On September 19, 2007 (72 FR 53652), 

EPA published a final rule amending its 

regulations for implementing NEPA and 

Executive Order 12114, ‘‘Environmental 

Effects Abroad of Major Federal 

Actions.’’ The Agency amended its 

NEPA implementing procedures by: (1) 

Consolidating and standardizing the 

procedural provisions and requirements 

of the Agency’s environmental review 

process under NEPA; (2) clarifying the 

general procedures associated with 

categorical exclusions, consolidating the 

categories of actions subject to 

categorical exclusion, amending existing 

and adding new categorical exclusions, 

and consolidating and amending 

existing and adding new extraordinary 

circumstances; (3) consolidating and 

amending the listing of actions that 

generally require an environmental 

impact statement; (4) clarifying the 

procedural requirements for 

consideration of applicable 

environmental review laws and 

executive orders; and (5) incorporating 

other proposed revisions consistent 

with CEQ Regulations. The final rule 

supplements and is used in conjunction 

with the CEQ NEPA Regulations. 40 

CFR Part 6 also includes EPA’s 

procedures, ‘‘Assessing the 

Environmental Effects Abroad of EPA 

Actions,’’ that implement Executive 

Order 12114, ‘‘Environmental Effects 

Abroad of Major Federal Actions’’ (see 

46 FR 3364). The final rule included 

minor, technical amendments to EPA’s 

procedures for implementing the Order. 

II. EPA’s Final Action 

Following the publication of the final 

rule, four minor errors were discovered. 

Through this direct final rule, the 

Agency is correcting these errors. The 

first correction is a minor expansion of 

the definition of ‘‘applicant,’’ found at 

40 CFR 6.102(b)(2). The revised 

definition now includes those who 

request EPA approval in addition to 

those who request financial assistance 

or who are applying to EPA for a permit. 

The next correction involves the 

categorical exclusion (CE) found at 40 

CFR 6.204(a)(2)(vi). That CE allows for 

the acquisition, transfer, lease, 

disposition or closure of existing 

permanent structures, land, equipment, 

materials, or personal property as long 

as a number of provisions are met. The 

CE is being corrected to include vacant 

land because the acquisition of vacant 

land meets the required provisions. The 

third correction is to 40 CFR 

6.204(f)(2)(ii), which states that there are 

14 extraordinary circumstances. The 

final rule, however, contains only ten 

extraordinary circumstances. The last 

correction is to 40 CFR 6.300(a), which 

is being expanded to apply to those who 

are requesting other EPA approvals. 

Accordingly, EPA is correcting these 

minor errors through this direct final 

rule. 

We are publishing this rule without 

prior proposal because the Agency 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5993 

views this as a non-controversial action 

and anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal should 

adverse comments be filed. This action 

will be effective April 6, 2009, without 

further notice unless the EPA receives 

relevant adverse comments by March 6, 

2009. 

If we receive adverse comments, we 

will publish a document withdrawing 

this final rule and informing the public 

that it will not take effect. In that case, 

all public comments received will be 

addressed in a subsequent final rule 

based on the proposed rule that is being 

published in today’s Federal Register. 

We will not institute a second comment 

period. Parties interested in 

commenting should do so at this time. 

If no adverse comments are received, 

the public is advised that this rule will 

be effective on April 6, 2009 and no 

further action will be taken on the 

proposed rule. 

III. Statutory and Executive Order 

Review 

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. This 

action merely makes technical 

corrections to a recently-finalized rule, 

and does not impose any additional 

requirements. 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.). 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.). This action contains 

no Federal mandates under the 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

2 U.S.C. 1531–1538 for State, local, or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. Because this rule does not 

impose any additional enforceable duty, 

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 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). Thus, Executive Order 

13132 does not apply to this rule. This 

action merely makes technical 

corrections to a recently-finalized rule 

and does not alter the relationship or 

the distribution of power and 

responsibilities. 

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 97249, November 9, 2000). Thus, 

Executive Order 13175 does not apply 

to this action. EPA interprets EO 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to EO 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. This action does not involve 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 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. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action merely makes 

technical corrections to a recentlyfinalized rule, and these corrections 

have no effect on minority or lowincome populations. 

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 

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. 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. 5 U.S.C. 804(2). This rule will 

be effective April 6, 2009. 

List of Subjects in 40 CFR Part 6 

Environmental protection, 

Environmental assessments, 

Environmental impact statements, 

Environmental protection reporting, 

Foreign relations, Grant programs— 

environmental protection, Reporting 

and recordkeeping requirements. 

Dated: January 15, 2009. 

Stephen L. Johnson, 

Administrator. 

■ Therefore, for the reasons set forth in 

the preamble, EPA hereby amends title 

40, chapter I of the Code of Federal 

Regulations as follows: 

PART 6—[AMENDED] 

■ 1. The authority citation for Part 6 

continues to read as follows: 

Authority: 42 U.S.C. 4321 et seq.; 7401– 

7671q unless otherwise noted. 

■ 2. Section 6.102(b)(2) is revised to 

read as follows: 

§ 6.102 Definitions. 

* * * * * 

(b) * * * 

(2) Applicant means any individual, 

agency, or other entity that has: 

(i) Filed an application for federal 

assistance; 

(ii) Applied to EPA for a permit; or 

(iii) Requested other EPA approval. 

* * * * * 

■ 3. Section 6.204 is amended by 

revising paragraphs (a)(2)(vi) and 

(f)(2)(ii) to read as follows: 

§ 6.204 Categorical exclusions and 

extraordinary circumstances. 

* * * * * 

(a) * * * 

(2) * * * 

(vi) Actions involving the acquisition, 

transfer, lease, disposition, or closure of 

existing permanent structures, land, 

equipment, materials or personal 

property provided that the property: Is 

either vacant or has been used solely for 

office functions; has never been used for 

laboratory purposes by any party; does 

not require site remediation; and will be 

used in essentially the same manner 

such that the type and magnitude of the 

impacts will not change substantially. 

This category does not include activities 

related to construction and/or 

5994 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

demolition of structures on the property 

(see paragraph (a)(1)(i) of this section). 

* * * * * 

(f) * * * 

(2) * * * 

(ii) Actions covered by the proposed 

categorical exclusion generally do not 

involve extraordinary circumstances as 

set out in paragraphs (b)(1) through 

(b)(10) of this section and generally do 

not require preparation of an EIS; and 

* * * * * 

■ 4. Section 6.300(a) is revised to read 

as follows: 

§ 6.300 Applicability. 

(a) This section applies to actions that 

involve applications to EPA for permits 

or assistance agreements, or request 

other EPA approval. 

* * * * * 

[FR Doc. E9–2353 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0754; FRL–8767–9] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Oklahoma has applied to the 

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. The 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 receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Oklahoma’s changes to its 

hazardous waste program will take 

effect. If we receive 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 April 6, 2009 unless 

the EPA receives adverse written 

comment by March 6, 2009. If the 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: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. E-mail: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier. Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the 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 the EPA without 

going through regulations.gov, your email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. 

You can view and copy Oklahoma’s 

application and associated publicly 

available materials from 8:30 a.m. to 4 

p.m. Monday through Friday at the 

following locations: Oklahoma 

Department of Environmental Quality, 

707 North Robinson, Oklahoma City, 

Oklahoma 73101–1677, (405) 702–7180 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214– 

665–8533), EPA Region 1145 Ross 

Avenue, Dallas, Texas 75202–2733, and 

e-mail address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from the 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 the 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 the 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 Oklahoma’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Oklahoma 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Oklahoma has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders and also section 10211(a) of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

(‘‘SAFETEA’’), Public Law 109–59, 119 

Statute (August 10, 2005) provides the 

State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C 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). Oklahoma has not applied to 

administer this program in Indian 

Country pursuant to section 10211(a) of 

SAFETEA. Therefore, EPA will 

implement this program for all Indian 

Country located within the boundaries