Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 20035 

[FR Doc. 2013–07642 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R10–RCRA–2013–0105; FRL–9796–6] 

Adequacy of Oregon Municipal Solid 

Waste Landfill Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This action approves a 

modification to the State of Oregon’s 

approved Municipal Solid Waste 

Landfill (MSWLF) permit program. The 

approved modification allows the State 

to issue Research, Development, and 

Demonstration (RD&D) Permits to 

owners and operators of MSWLF units 

in accordance with its State law. On 

March 22, 2004, the EPA issued final 

regulations allowing RD&D Permits to 

be issued to certain municipal solid 

waste landfills by approved states. On 

June 14, 2012, Oregon submitted an 

application to EPA Region 10 seeking 

Federal approval of its RD&D Permit 

requirements. After thorough review, 

EPA Region 10 is determining that 

Oregon’s RD&D Permit requirements are 

adequate through this direct final 

action. 

DATES: This direct final rule will 

become effective June 3, 2013 without 

further notice unless the EPA receives 

written adverse comments on or before 

May 3, 2013. If written adverse 

comments are received, the EPA will 

review the comments and publish 

another Federal Register document 

responding to the comments and either 

affirming or revising the initial decision. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2013–0105, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: calabro.domenic@epa.gov 

• Fax: (206) 553–8509, to the 

attention of Domenic Calabro. 

• Mail: Domenic Calabro, Office of 

Air, Waste and Toxics, U.S. EPA, Region 

10, 1200 Sixth Avenue, Suite 900, 

Mailstop: AWT–122, Seattle, WA 98101. 

• Hand Delivery or Courier: Deliver 

your comments to Domenic Calabro, 

Office of Air, Waste and Toxics, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 900, Mailstop: AWT–122, Seattle, 

WA 98101. Such deliveries are only 

accepted during the Office’s normal 

hours of operation. 

Instructions: Identify your comments 

as relating to Docket ID No. EPA–R10– 

RCRA–2013–0105. The EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or claimed 

to be 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 email. The www.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 email 

comment directly to the EPA without 

going through www.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. For additional 

information about the EPA’s public 

docket visit the EPA Docket Center 

homepage at http://www.epa.gov/ 

dockets/. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–R10–RCRA–2013–0105. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although it may be listed in the index, 

some information might not be publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the U.S. Region 10 Library, 1200 Sixth 

Avenue, Seattle, Washington by 

appointment only; please telephone 

(206) 553–1289 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Domenic Calabro, Office of Air, Waste 

and Toxics, U.S. EPA, Region 10, 1200 

Sixth Avenue, Suite 900, Mailstop: 

AWT–122, Seattle, WA 98101, (206) 

553–6640, calabro.domenic@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 22, 2004, the EPA issued a 

final rule amending the Municipal Solid 

Waste Landfill (MSWLF) criteria in 40 

CFR part 258 to allow Research, 

Development, and Demonstration 

(RD&D) permits (69 FR 13242). This rule 

allows for variances from specified 

criteria for a limited period of time, to 

be implemented through state-issued 

RD&D permits. RD&D permits are 

available only in states with approved 

MSWLF permit programs that have been 

modified to incorporate RD&D permit 

authority. The purpose of the rule is to 

stimulate the development of new 

technologies and alternative operational 

processes for the landfilling of 

municipal solid waste. 

RD&D permits may provide variances 

from existing requirements for run-on 

control systems, liquid restrictions, and 

final cover requirements. There is no 

authority for variance of criteria for 

groundwater monitoring, closure and 

post-closure requirements (except 

alternative cover provisions), or 

financial assurance requirements. To 

issue an RD&D permit allowing 

variances from any of these criteria, the 

director of an approved state must be 

satisfied that a landfill operating under 

an RD&D permit will pose no additional 

risk to human health and the 

environment beyond that which would 

result from a landfill operating under 

the full MSWLF criteria. 

While states are not required to seek 

approval to allow permits under this 

new provision, those states interested in 

providing RD&D permits to owners and 

operators of MSWLFs must seek 

approval from the EPA before issuing 

such permits. Approval procedures for 

the new provisions of 40 CFR part 258 

are outlined in 40 CFR § 239.12. 

On October 7, 1993, EPA published a 

final rule (58 FR 193) approving the 

State of Oregon’s MSWLF permit 

program. On June 14, 2012, Oregon 

Department of Environmental Quality 

(ODEQ) applied for approval of its 

RD&D permit provisions, codified at 

ORS 459.245(4). In addition, Oregon has 

a state flexibility rule (OAR 340–094– 

0020) which allows the Director of the 

ODEQ or a designee to approve an 

alternative schedule, procedure, or 

design as long as that alternative is at 

least as protective of the environment as 

the provisions in 40 CFR part 258 and 


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20036 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 

a guidance document titled, ‘‘Guidance 

for Obtaining a Department RD&D 

Permit.’’ 

Oregon Assistant Attorney General, 

Gary L. Vrooman, certified in a letter 

dated August 24, 2012 that the 

information filed with ODEQ as part of 

an MSWLF permit modification 

application is effectively an RD&D plan 

and that this plan, when approved by 

ODEQ, becomes an enforceable part of 

the permit. Assistant Attorney General 

Vrooman additionally certified that the 

Oregon solid waste rules and guidance 

were effective at the time of the 

certification. 

II. Decision 

After a thorough review the EPA, 

Region 10, has determined that the 

Oregon RD&D permit provisions as set 

out in ORS 459.245(4) and OAR 340– 

094–0020, combined with the ODEQ 

guidance document titled ‘‘Guidance for 

Obtaining a Department RD&D Permit’’, 

comply with the Federal criteria, as set 

forth in 40 CFR 258.4. 

III. Statutory and Executive Order 

Reviews 

This action approves State solid waste 

requirements pursuant to Resource 

Conversation and Recovery Act (RCRA) 

Section 4005 and imposes no Federal 

requirements. Therefore, this rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866: Significant 

Regulatory Action 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive Order 

12866. 

2. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This direct 

final rule does not establish or modify 

any information or recordkeeping 

requirements for the regulated 

community. The EPA has determined 

that this action is not subject to the 

provisions of the Paperwork Reduction 

Act. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA), 5 U.S.C. 601, et seq., 

generally requires Federal agencies 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 this 

direct final rule on small entities, small 

entity is defined as: (1) A small 

business, as codified in the Small 

Business Size Regulations at 13 CFR 

part 121; (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-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. The EPA has 

determined that this direct final action 

will not have a significant impact on 

small entities because the action will 

only have the effect of modifying preexisting authorized requirements under 

State law. I certify that this action will 

not have a significant economic impact 

on a substantial number of small 

entities. 

4. Unfunded Mandates Reform Act 

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. This 

action imposes no new enforceable duty 

on any State, local or tribal governments 

or the private sector. This action 

contains no regulatory requirements that 

might significantly or uniquely affect 

small government entities. Thus, the 

EPA has determined that the 

requirements of section 203 of the 

UMRA do not apply to this action. 

5. Executive Order 13132: Federalism 

This action addresses a modification 

to Oregon’s approved municipal solid 

waste landfill (MSWLF) permit 

program, which has been modified by 

State law to incorporate RD&D 

permitting authority. There are no 

substantial direct effects on the States, 

on the relationship between Federal and 

State governments, or on the 

distribution of power between or among 

the various levels of government, as 

specified in Executive Order 13132. 

Therefore, Executive Order 13132 does 

not apply to this action. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This action addresses a 

modification to Oregon’s approved 

municipal solid waste landfill (MSWLF) 

permit program, which has been 

modified by State law to incorporate 

RD&D permitting authority. Thus, the 

EPA has determined that Executive 

Order 13175 does not apply to this rule. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant and it is not 

based on health or safety risks. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus bodies. 

The NTTAA directs the EPA to provide 

Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. EPA has 

determined that this action does not 

involve ‘‘technical standards’’ as 

defined by the NTTAA. Therefore, the 

EPA is not considering the use of any 

voluntary consensus standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 20037 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

action 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 addresses a 

modification to Oregon’s approved 

municipal solid waste landfill (MSWLF) 

permit program, which has been 

modified by State law to incorporate 

RD&D permitting authority. EPA has 

determined that the action is not subject 

to Executive Order 12898. 

11. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as amended 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. The 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 June 3, 2013. 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 258 

Reporting and recordkeeping 

requirements, Waste treatment disposal, 

Water pollution control. 

Authority: This action is issued under the 

authority of section 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912, 6945 and 6949(a). 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2013–07782 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 121009528–2729–02] 

RIN 0648–XC542 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2013 commercial summer 

flounder quota to the Commonwealth of 

Virginia and to the State of New Jersey. 

NMFS is adjusting the quotas and 

announcing the revised commercial 

quota for each state involved. 

DATES: Effective March 29, 2013, 

through December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Management 

Specialist, 978–281–9224. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are in 50 CFR part 648, 

and require annual specification of a 

commercial quota that is apportioned 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state are 

described in § 648.100. 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which was published 

on December 17, 1993 (58 FR 65936), 

provided a mechanism for summer 

flounder quota to be transferred from 

one state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.102(c)(2). The Regional 

Administrator is required to consider 

the criteria in § 648.102(c)(2)(i) to 

evaluate requests for quota transfers or 

combinations. 

North Carolina has agreed to transfer 

657,477 lb (298,227 kg) of its 2013 

commercial quota to Virginia. This 

transfer was prompted by summer 

flounder landings of a number of North 

Carolina vessels that were granted safe 

harbor in Virginia due to hazardous 

shoaling, from February 1, 2013, to 

February 28, 2013, thereby requiring a 

quota transfer to account for an increase 

in Virginia’s landings that would have 

otherwise accrued against the North 

Carolina quota. North Carolina has also 

agreed to transfer 47,034 lb (21,334 kg) 

of its 2013 commercial quota to New 

Jersey. This transfer was prompted by 

summer flounder landings of a number 

of North Carolina vessels that were 

granted safe harbor in New Jersey 

between February 8, 2013, and February 

19, 2013, thereby requiring a quota 

transfer to account for an increase in 

New Jersey’s landings that would have 

otherwise accrued against the North 

Carolina quota. The Regional 

Administrator has determined that the 

criteria set forth in § 648.102(c)(2)(i) 

have been met. The revised summer 

flounder quotas for calendar year 2013 

are: North Carolina, 988,221 lb (448,249 

kg); Virginia, 4,506,299 lb (2,044,023 

kg); and New Jersey, 1,960,337 lb 

(889,192 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 29, 2013. 

Kara Meckley, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–07749 Filed 3–29–13; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120918468–3111–02] 

RIN 0648–XC606 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2013 total 

allowable catch of pollock for Statistical 

Area 610 in the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), March 30, 2013, 


wreier-aviles on DSK5TPTVN1PROD with RULES