65432 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 

spongiform encephalopathy (BSE) into 

the United States. The introductory text 

in § 94.27 indicates that beef meeting 

the conditions of that section is eligible 

for importation into the United States, 

notwithstanding any other provisions of 

part 94. Interpreted literally, that 

wording would supersede the 

prohibitions being imposed by this 

interim rule with regard to FMD. 

However, that is not our intent. When 

§ 94.27 was added to the regulations in 

2005, the intent behind the 

‘‘notwithstanding’’ wording was to 

reflect our determination that qualifying 

beef from Japan could be safely 

imported into the United States with 

regard to BSE, even though Japan was 

listed in § 94.18 as a country in which 

BSE exists. To clarify that intent, we are 

revising the introductory text of § 94.27 

to indicate that section is applicable 

notwithstanding any provisions of 

§ 94.18. However, any other applicable 

restrictions set forth in part 94 still 

apply and the importation of any fresh 

beef from Japan is prohibited as long as 

Japan is not listed as a country free of 

FMD. 

Although we are removing Japan from 

the list of regions considered free of 

rinderpest and FMD, we recognize that 

the Ministry of Agriculture, Forestry, 

and Fisheries of Japan has responded to 

the detection of FMD by imposing 

restrictions on the movement of 

ruminants, swine, and ruminant and 

swine products from FMD-affected 

areas; by conducting heightened 

surveillance activities; and by initiating 

measures to eradicate the disease. As 

noted above, no new cases of FMD have 

been diagnosed in Japan since July 4, 

2010. We intend to reassess this 

situation at a future date in accordance 

with the standards of the OIE. As part 

of that reassessment process, we will 

consider all comments received on this 

interim rule. The future reassessment 

will determine whether we can restore 

Japan to the list of regions in which 

FMD is not known to exist. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the 

introduction of FMD into the United 

States. Under these circumstances, the 

Administrator has determined that prior 

notice and opportunity for public 

comment are contrary to the public 

interest and that there is good cause 

under 5 U.S.C. 553 for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. This interim rule is 

not expected to have an immediate or 

significant economic impact on small 

entities producing beef and swine 

products in the United States. As cattle 

and swine in Japan are culled due to the 

FMD outbreak there and supplies of beef 

and pork products become tighter in 

Japan, there may be an increase in the 

demand for U.S. beef and pork products. 

With regard to imports, beef imported 

from Japan is a unique product that 

serves a high-priced specialty market. 

Although entities that purchase beef 

from Japan will be affected by this rule, 

farms in the United States that raise 

cattle for this type of beef may benefit 

from the prohibition on imports of beef 

from Japan. We invite comment on our 

full economic analysis, which is posted 

with this interim rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may also 

be obtained from the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has 

retroactive effect to April 20, 2010; and 

(3) does not require administrative 

proceedings before parties may file suit 

in court challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 9 CFR Part 94 

Animal diseases, Imports, Livestock, 

Meat and meat products, Milk, Poultry 

and poultry products, Reporting and 

recordkeeping requirements. 

■ Accordingly, we are amending 9 CFR 

part 94 as follows: 

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, EXOTIC 

NEWCASTLE DISEASE, AFRICAN 

SWINE FEVER, CLASSICAL SWINE 

FEVER, SWINE VESICULAR DISEASE, 

AND BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS 

■ 1. The authority citation for part 94 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, 7781– 

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.4. 

94.1 [Amended] 

■ 2. Section 94.1 is amended as follows: 

■ a. In paragraph (a)(2), by removing the 

word ‘‘Japan,’’. 

■ b. In paragraph (a)(3), by adding the 

word ‘‘Japan,’’ immediately before the 

word ‘‘Namibia’’. 

94.11 [Amended] 

■ 3. In § 94.11, paragraph (a) is amended 

by removing the word ‘‘Japan,’’. 

§ 94.27 [Amended] 

■ 4. In § 94.27, the introductory text is 

amended by removing the words 

‘‘Notwithstanding any other provisions 

of this part,’’ and adding in their place 

the words ‘‘Notwithstanding the 

provisions of § 94.18,’’. 

Done in Washington, DC, this 19th day of 

October 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–26849 Filed 10–22–10; 8:45 am] 

BILLING CODE 3410–34–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2009–0343 FRL–9217–2] 

New Mexico: Final Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of New Mexico has 

applied to the EPA for final 

authorization of changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The 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 

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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 New Mexico’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 December 27, 2010 

unless the EPA receives adverse written 

comment by November 24, 2010. 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 online 

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. 

5. 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 New Mexico’s application and 

associated publicly available materials 

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

through Friday at the following 

locations: New Mexico Environment 

Department, 2905 Rodeo Park Drive 

East, Building 1, Santa Fe, New Mexico 

87505–6303, phone number (505) 476– 

6035 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 1445 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 New Mexico’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant New Mexico 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. New Mexico has 

responsibility for permitting treatment, 

storage, and disposal facilities 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 the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in New 

Mexico 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 New Mexico 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. New 

Mexico has enforcement responsibilities 

under its State hazardous waste program 

for violations of such program, but the 

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; and 

• Take enforcement actions regardless 

of whether New Mexico has taken its 

own actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which New Mexico is 

being authorized by today’s action are 

already effective under State law, and 

are not changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

The 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 the EPA receives 

comments that oppose this action? 

If the 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. The EPA will 

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65434 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 

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 only 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. For what has New Mexico previously 

been authorized? 

The State of New Mexico initially 

received final authorization on January 

25, 1985 (50 FR 1515) to implement its 

base hazardous waste management 

program. New Mexico received 

authorization for revisions to its 

program on February 9, 1990 (55 FR 

4604) effective April 10, 1990; March 

19, 1990 (55 FR 10076); July 11, 1990 

(55 FR 28397) effective July 25, 1990; 

October 5, 1992 (57 FR 45717) effective 

December 4, 1992; June 9, 1994 (59 FR 

29734) effective August 23, 1994; 

October 7, 1994 (59 FR 51122) effective 

December 21, 1994; April 25, 1995 (60 

FR 20238) effective July 10, 1995; (61 FR 

2450) January 2, 1996; December 23, 

1996 (61 FR 67474) effective March 10, 

1997 and August 10, 2001 (66 FR 42140) 

effective October 9, 2001 and (72 FR 

46165) effective October 16, 2007. The 

authorized New Mexico RCRA program 

was incorporated by reference to the 

CFR, effective December 13, 1993 (58 FR 

52677); November 18, 1996 (61 FR 

49265); July 13, 1998 (63 FR 23221); 

effective October 27, 2003, and March 

25, 2009, (74 FR 12625); effective May 

26, 2009. On May 21, 2009 New Mexico 

submitted a final complete program 

revision application seeking 

authorization of its program revision in 

accordance with 40 CFR 271.21. 

New Mexico statutes provide 

authority for the NMED to administer 

the provisions of the State Hazardous 

Waste Management Program (HWMP). 

The New Mexico Environmental 

Improvement Act (EIA), NMSA 1978, 

Sections 74–1–1 through 74–1–14 and 

the New Mexico Hazardous Waste Act 

(HWA) provide this authority. No 

amendments have been made to the EIA 

or HWA that affect the ability of the 

NMED to administer the HWMP. The 

NMED is the sole agency responsible for 

the HWMP. 

The NMED petitioned the New 

Mexico Environmental Improvement 

Board (EIB) to amend the HWMR, 20.4.1 

for the EPA Federal rules promulgated 

from July 1, 2002, through July 1, 2008. 

The EIB adopted the amendments to the 

Hazardous Waste Management 

Regulations (HWMR) on November 3, 

2008, and these amendments became 

permanent rules effective March 1, 

2009. 

Thus, 20.4.1 NMAC provides 

equivalent and no less stringent 

authority than the adoption of Federal 

RCRA Subtitle C program in effect 

through July 1, 2008. This is the version 

that is referred to in the Attorney 

General’s Statement and Certification 

submitted with this program revision. 

The 20 NMAC 4.1 became effective on 

March 1, 2009. New Mexico Statutes 

Annotated (NMAC) 1978 Sections 74–4– 

4A(1) and 74–4–4F (2002) provides New 

Mexico with authority to adopt Federal 

regulations by reference with exceptions 

to federal rules that are not delegated to 

the State of New Mexico. Since the 

latest authorization the scope, structure, 

coverage, and processes have not 

materially changed. 

New Mexico, through the HWMR, has 

incorporated by reference the following 

federal RCRA regulations as amended 

through July 1, 2008: 40 CFR parts 260– 

270, 40 CFR part 270; 40 CFR part 273; 

and 40 CFR part 279 with the exception 

of 40 CFR 260.1(b)(6), 260.20, 260.22, 

260.30, 260.31, 260.32, 260.33, 

263.20(e), 264.1(f), 264.149, 264.150, 

264.301(l), 264.1030(d), 264.1050(g), 

264.1080(e), 264.1080(f), 264.1080(g), 

265.1(c)(4), 265.149, 265.150, 

265.1030(c), 265.1050(f), 265.1080(e), 

265.1080(f), 265.1080(g); 268.5, 268.6, 

268.42(b), 268.44(a) through (g). New 

Mexico has incorporated by reference 40 

CFR part 124, sections 124.31, 124.32, 

and 124.33 with exception to 40 CFR 

parts 124.1 and 124.2. Also, it has 

adopted regulations at 20.4.1.901 

NMAC, Permitting Procedures, that are 

equivalent to and no less stringent than 

the procedures of 40 CFR part 124 and 

required by 40 CFR 271.14. 

The State of New Mexico has added 

regulations 20.4.1.1001.A(1), A(3), & .D 

requirements for aerosol cans as 

universal waste. An EPA memo dated 

February 13, 1997 (from Mike Shapiro 

to Senior RCRA Policy Managers in the 

EPA Regions), indicates that States that 

are already authorized for the universal 

waste rule may add additional wastes 

that meet the criteria for universal waste 

to their program. Such state-only wastes 

may be recognized as part of the State’s 

authorized program; therefore, EPA 

Region 6 has determined that the State’s 

aerosol can provisions can be 

recognized as part of the State’s 

authorized program. 

20.4.1.1001.C—New Mexico has 

adopted an extensive revision to their 

universal waste program which would 

allow the intentional breaking and 

crushing of universal waste lamps in 

order to reduce their volume to facilitate 

management or transport to destination 

facilities. The State’s regulations also 

include specific requirements with 

which the regulated community must 

comply. Further analysis will be 

performed to determine if the breaking 

and crushing of universal waste lamps 

will be authorized as part of the State’s 

authorized program. Therefore, the EPA 

has determined that these requirements 

are not part of the State’s authorized 

program. The lamp crushing provisions 

are excluded from this authorization. 

Performance Track (Non-HSWA) 

(Revision Checklist 204; 69 FR 21737, 

4/24/04, as amended at 69 FR 62217, 

10/24/04). In New Mexico’s Program 

Revision Application package for RCRA 

Clusters XIII through XVIII, the State 

indicates that it is seeking authorization 

for the Performance Track program, as 

addressed by Revision Checklist 204. 

However, on March 16, 2009, EPA 

announced its intention to halt and 

review the National Performance Track 

Program. Therefore, EPA Region 6 has 

decided to exclude this rule from this 

authorization document. The EPA is 

also excluding from this authorization 

document, the specific Performance 

Track provisions addressed by the 

Burden Reduction Initiative Rule (71 FR 

16862; 04/04/06; Revision Checklist 

213). 

G. What changes are we authorizing 

with today’s action? 

On May 21, 2009, New Mexico 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that New 

Mexico’s hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for Final 

authorization. Therefore, we grant the 

State of New Mexico Final authorization 

for the following changes: The State of 

New Mexico’s program revisions consist 

of regulations which specifically govern 

Federal Hazardous Waste revisions 

promulgated from July 1, 2002 through 

July 1, 2008 (RCRA Clusters XIII–XVIII). 

The State of New Mexico requirements 

are included in a chart with this 

document. 

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Description of Federal requirement (include 

checklist number, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority Analogous State authority 

1. Zinc Fertilizer Rule. (Checklist 200) .............. 67 FR 48393–48415, July 24, 2002 ................ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1. 200, 

20.4.1.700, and 20.4.1.800 as amended November 3, 2008, effective March 1, 2009. 

2. Treatment Variance for Radioactively Contaminated Batteries. (Checklist 201).67 FR 62618–62624, October 7, 2002 ............ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.800, 

as amended November 3, 2008, effective 

March 1, 2009. 

3. Hazardous Air Pollutant Standards for Combustors-Corrections 2. (Checklist 202).67 FR 77687–77692, December 19, 2002 ...... New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.900, 

as amended November 3, 2008, effective 

March 1, 2009. 

4. Recycled Used Oil Management Standards; 

Clarification. (Checklist 203).

68 FR 44659–44665, July 30, 2003 ................ New Mexico Statute Annotated (NMSA) 1978, 

Sections74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.200 

and 20.4.1.1002, as amended November 3, 

2008, effective March 1, 2009. 

5. NESHAP: Surface Coating of Automobiles 

and Light-Duty Trucks. (Checklist 205).

69 FR 22601–22661, April 26, 2004 ................ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.500 

and 20.4.1.600, as amended November 3, 

2008, effective March 1, 2009. 

6. Nonwastewaters from Dyes and Pigments. 

(Checklist 206).

70 FR 9138–9180, February 24, 2005 ............ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.200 

and 20.4.1.800, as amended November 3, 

2008, effective March 1, 2009. 

7. Uniform Hazardous Waste Manifest Rule. 

(Checklist 207).

70 FR 10776–10825, March 4, 2005 ............... New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

20.4.1.200, 20.4.1.300, 20.4.1.400, 

20.4.1.500, and 20.4.1.600, as amended 

November 3, 2008, effective March 1, 2009. 

8. Methods Innovation Rule and SW–846 Final 

Update IIIB. (Checklist 208).

70 FR 34538–34592, June 14, 2005 ............... New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

20.4.1.200, 20.4.1.500, 20.4.1.600, 

20.4.1.700, 20.4.1.800, 20.4.1.900 and 

20.4.1.1002, as amended November 3, 

2008, effective March 1, 2009. 

9. Universal Waste Rule: Specific Provisions 

for Mercury Containing Equipment. (Checklist 209).

70 FR 45508–45522, August 5, 2005 .............. New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

20.4.1.200, 20.4.1.500, 20.4.1.600.4.1.800, 

20.4.1.900, and 20.4.1.1000, as amended 

November 3, 2008, effective March 1, 2009. 

10. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixture 

(‘‘Headworks exemptions’’). (Checklist 211).

70 FR 57769–57785, October 4, 2005 ............ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.200, 

as amended November 3, 2008, effective 

March 1, 2009. 

11. NESHAP: Final Standards for Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II). (Checklist 

212).

70 FR 59402–59579, October 12, 2005 .......... New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

20.4.1.500, 20.4.1.600, 20.4.1.700, and 

20.4.1.900, as amended November 3, 2008, 

effective March 1, 2009. 

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65436 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 

Description of Federal requirement (include 

checklist number, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority Analogous State authority 

12. Burden Reduction Initiative. (Checklist 213) 71 FR 16862–16915, April 4, 2006 .................. New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

20.4.1.200, 20.4.1.500, 20.4.1.501 (except 

.501.A(2)), 20.4.1.600, 20.4.1.601, 

20.4.1.700, 20.4.1.701, 20.4.1.800, and 

20.4.1.902, as amended November 3, 2008, 

effective March 1, 2009. 

Note: As discussed in Section F, the EPA is 

excluding from this authorization the Performance Track provisions addressed by 

this final rule. 

13. Corrections to Errors in the Code of Federal Regulations. (Checklist 214).71 FR 40254–40280, July 14, 2006 ................ New Mexico Statute Annotated (NMSA) 1978, 

Sections 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 

20.4.1.100, 20.4.1.200, 20.4.1.300, 

20.4.1.500, 20.4.1.600, 20.4.1.601, 

20.4.1.700, 20.4.1.800, 20.4.1.900 

20.4.1.1000, and 20.4.1.1002 as amended 

November 3, 2008, effective March 1, 2009. 

14. Cathode Ray Tubes Rule. (Checklist 215) 71 FR 42928–42949, July 28, 2006 ................ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

and 20.4.1.200, as amended November 3, 

2008, effective March 1, 2009. 

15. Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to 

Produce Synthesis. (Checklist 216).

73 FR 57–72, January 2, 2008 ........................ New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.100, 

and 20.4.1.200, as amended November 3, 

2008, effective March 1, 2009. 

16. NESHAP: Final Standards for Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments. 

(Checklist 217).

73 FR 18970–18984, April 8, 2008 .................. New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.500, 

as amended November 3, 2008, effective 

March 1, 2009. 

17. F019 Exemption for Wastewater Treatment 

Sludges from Auto Manufacturing Zinc 

Phosphating Processes. (Checklist 218).

73 FR 31756–31769, June 4, 2008 ................. New Mexico Statute Annotated (NMSA) 1978, 

Section 74–4–1. Hazardous Waste Regulations (HWMR), New Mexico Environmental 

Improvement Board, 20 NMAC, 20.4.1.200, 

as amended November 3, 2008, effective 

March 1, 2009. 

H. Where are the revised state rules 

different from the Federal rules? 

The State of New Mexico more 

stringent regulations are at Sections 

20.4.1.701 and 20.4.1.902. The State’s 

more stringent regulations corresponds 

to Federal regulations 40 CFR 

266.102(e)(10) and 270.14(a). There are 

no broader in scope provisions in this 

authorization document. 

I. Who handles permits after the 

authorization takes effect? 

New Mexico will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The 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 in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which New Mexico is not yet 

authorized. 

J. What is codification and is the EPA 

codifying New Mexico’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 CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272; subpart GG for this 

authorization of New Mexico’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

K. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) 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 

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Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 65437 

authorizes preexisting 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 

(Pub. L. 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. 

Under RCRA 3006(b), the 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 the 

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 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

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 may 

take effect, the agency promulgating the 

rule a rule must submit a 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 December 27, 2010. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian 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: October 12, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–26962 Filed 10–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 247, and 252 

RIN 0750–AG81 

Defense Federal Acquisition 

Regulation Supplement; Defense 

Cargo Riding Gang Members (DFARS 

Case 2007–D002) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

to amend the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 3504 of 

the National Defense Authorization Act 

for Fiscal Year 2009. Section 3504 

addresses requirements that apply to 

riding gang members and DoDexempted individuals who perform 

work on U.S.-flag vessels under DoD 

contracts for transportation services. 

Section 3504 amended section 1018 of 

the National Defense Authorization Act 

for Fiscal Year 2007. 

DATES: Effective date: October 25, 2010. 

Comment date: Comments on this 

interim rule should be submitted in 

writing to the address shown below on 

or before December 27, 2010 to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2007–D002, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2007–D002 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Mary 

Overstreet, OUSD (AT&L) DPAP/DARS, 

3060 Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

To confirm receipt of your 

comment(s), please check http:// 

www.regulations.gov approximately two 

to three days after submission to verify 

posting (except allow 30 days for 

posting of comments submitted by 

mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060. Telephone 703–602–0311; 

facsimile 703–602–0350. Please cite 

DFARS Case 2007–D002. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule implements section 

3504 of the National Defense 

Authorization Act for Fiscal Year 2009 

(Pub. L. 110–417). Section 3504 

amended section 1018 of the National 

Defense Authorization Act for Fiscal 

Year 2007 (Pub. L. 109–364). 

Section 3504 addresses requirements 

that apply to riding gang members and 

DoD-exempted individuals who perform 

work on U.S.-flag vessels under DoD 

contracts for transportation services 

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