43810 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Rules and Regulations 

APPENDIX L TO SUBPART A OF PART 82—APPROVED CRITICAL USES AND LIMITING CRITICAL CONDITIONS FOR THOSE

USES FOR THE 2013 CONTROL PERIOD—Continued 

Column A Column B Column C 

Commodities ....................................................... California entities storing walnuts, dried 

plums, figs, raisins, and dates (in Riverside 

county only) in California.

Rapid fumigation required to meet a critical 

market window, such as during the holiday 

season. 

Dry Cured Pork Products ................................... Members of the National Country Ham Association and the Association of Meat Processors, Nahunta Pork Center (North Carolina), and Gwaltney and Smithfield Inc.Red legged ham beetle infestation. 

Cheese/ham skipper infestation. 

Dermested beetle infestation. 

Ham mite infestation. 

[FR Doc. 2013–17569 Filed 7–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R07–RCRA–2013–0447; FRL–9833–7] 

State of Kansas; Authorization of State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Kansas has applied to 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. EPA is publishing this rule 

to authorize the changes without a prior 

proposal because EPA believes this 

action is not controversial and does not 

expect comments that oppose it. Unless 

EPA receives written comments that 

oppose this authorization during the 

comment period, the decision to 

authorize Kansas’ changes to its 

hazardous waste program will take 

effect. 

DATES: This regulation is effective 

September 20, 2013, unless EPA 

receives adverse written comment by 

the close of business August 21, 2013. 

If EPA receives such comments, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register informing the public that this 

rule 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. Email: haugen.lisa@epa.gov. 

3. Mail: Lisa Haugen, Environmental 

Protection Agency, Region 7, 

Enforcement Coordination Office, 11201 

Renner Boulevard, Lenexa, Kansas 

66219. 

4. Hand Delivery or Courier: Deliver 

your comments to Lisa Haugen, 

Environmental Protection Agency, 

Region 7, Enforcement Coordination 

Office, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation of 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–RCRA–2013– 

0447. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including 

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:// 

www.regulations.gov, or email. The 

Federal http://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 EPA without going 

through http://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 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 the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm). 

You can view and copy the 

documents that form the basis for this 

authorization and codification and 

associated publicly available materials 

from 8:00 a.m. to 4:00 p.m. Monday 

through Friday at the following location: 

EPA, Region 7, 11201 Renner 

Boulevard, Lenexa, Kansas 66219, 

phone number: (913) 551–7877. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Haugen, Region 7, Enforcement 

Coordination Office, 11201 Renner 

Boulevard, Lenexa, Kansas 66219, 

Phone number: (913) 551–7877, and 

Email address: haugen.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Authorization of State-Initiated 

Changes 

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 

hazardous waste program. As the 

Federal program changes, the States 

must change their programs and ask the 

EPA to authorize the changes. Changes 

to State hazardous waste 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 EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 268, 270, 273 and 279. 

States can also initiate their own 

changes to their hazardous waste 

program and these changes must then be 

authorized. 


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B. What decisions have we made in this 

rule? 

EPA concludes that Kansas’ 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, EPA grants Kansas 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Kansas has responsibility 

for permitting Treatment, Storage, and 

Disposal Facilities (TSDFs) 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 EPA promulgates under 

the authority of HSWA take effect in 

authorized States before they are 

authorized for the requirements. Thus, 

EPA will implement those requirements 

and prohibitions in Kansas, including 

issuing permits, until Kansas is granted 

authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in Kansas 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. Kansas has 

enforcement responsibilities under its 

State hazardous waste program for 

violations of such program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: (1) Do inspections, and require 

monitoring, tests, analyses, or reports; 

and (2) Enforce RCRA requirements and 

suspend or revoke permits. This action 

does not impose additional 

requirements on the regulated 

community because the statutes and 

regulations for which Kansas is being 

authorized by this direct action are 

already effective and are not changed by 

this action. 

D. Why wasn’t there a proposed rule 

before this rule? 

EPA did not publish a proposal before 

this 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 this Federal Register, 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if EPA receives 

comments that oppose this action? 

If 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. EPA will 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 may 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 Kansas previously been 

authorized? 

Kansas initially received final 

authorization on October 17, 1985 (50 

FR 40377), to implement its Base 

Hazardous Waste Management program. 

Kansas received authorization for 

revisions to its program on April 24, 

1990 (55 FR 17273), effective June 25, 

1990; June 14, 1994, (59 FR 30528), 

effective August 15, 1994; July 29, 1996 

(61 FR 39353), effective September 27, 

1996. 

G. What changes are we authorizing 

with this action? 

The State has made amendments to 

the provisions listed in the table which 

follows. These State-initiated changes 

satisfy the requirements of 40 CFR 

271.21(a). These amendments clarify the 

State’s regulations and make the State’s 

regulations more internally consistent. 

The State’s laws and regulations, 

amended by these provisions, provide 

authority which remains equivalent to, 

no less stringent than, and not broader 

in scope than the Federal laws and 

regulations. We are granting Kansas 

final authorization to carry out the 

following provisions of the State’s 

program in lieu of the Federal program. 

These State-initiated changes satisfy the 

requirements of 40 CFR 271.21(a). These 

provisions are analogous to the 

indicated RCRA statutory provisions or 

RCRA regulations found at 40 CFR as of 

July 1, 2006. The Kansas provisions are 

from the Kansas Administrative 

Regulations, Article 31—Hazardous 

Waste Management, effective May 10, 

2013. 

The State’s authorization package 

includes an updated Program 

Description, a General Memorandum of 

Agreement (MOA), and a Corrective 

Action MOA, between the EPA and the 

Kansas Department of Health and 

Environment (KDHE), a copy of the 

Kansas State Statutes Annotated, 

Chapter 65—Public Health, Article 34— 

Hazardous Waste, a copy of the KDHE 

Administrative Regulations, Article 

31—Hazardous Waste Management 

effective on May 10, 2013, and an 

Attorney General’s Statement. 

State requirement 

KAR 

Analogous Federal requirement 

40 CFR 

28–31–124a(a) & (c)–(e) .......................................................................... 124.3(a). 

28–31–124b(a)–(d) ................................................................................... 124.5(a), (c)–(d). 

28–31–124c(a) .......................................................................................... 124.6(a). 

28–31–124c(c)(1) ..................................................................................... 124.6(d)(1)–(d)(4)(i). 

28–31–124c(c)(2)–(5) and 28–31–124c(d)–(f). ........................................ 124.6(e). 

28–31–124d intro.–28–31–124d(b) .......................................................... 124.8(a). 

28–31–124d(c)(1)–(2) ............................................................................... 124.8(b) intro.–(b)(2). 

28–31–124d(c)(3)–(5) ............................................................................... 124.8(b)(5)–(b)(7). 

28–31–124e intro.–28–31–124e(a) .......................................................... 124.10(a)(1)–(a)(1)(iii). 

28–31–124e(b)–(c) ................................................................................... 124.10(a)(2)–(3). 

28–124e(d) ............................................................................................... 124.10(b), except last sentence. 

28–31–124e(e) ......................................................................................... 124.10(c). 

28–31–124e(f) intro.–28–31–124e(f)(9) ................................................... 124.10(d)(1)–(d)(1)(vi). 

28–31–124e(f)(10) .................................................................................... 124.10(d)(1)(x). 

28–31–124e(g) ......................................................................................... 124.10(d)(2) intro.–(d)(2)(iii). 


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State requirement 

KAR 

Analogous Federal requirement 

40 CFR 

28–31–124e(h) ......................................................................................... 124.10(e). 

28–31–124(a) and 28–31–124(c)(3) ........................................................ 124.11. 

28–31–124(a), 28–31–124(c)(4), and 28–31–124(b)(1) .......................... 124.12. 

28–31–124(a) and 28–31–124(c)(5) ........................................................ 124.13. 

28–31–124(a), and 28–31–124(c)(6)–(7) ................................................. 124.14. 

28–31–124(a) and 28–31–124(c)(8) ........................................................ 124.15. 

28–31–124(a), 28–31–124(c)(9)–(12), and 28–31–124(b) ...................... 124.16. 

28–31–124(a), and 28–31–124(c)(13)–(14) ............................................. 124.17. 

28–31–124(a), 28–31–124(c)(15) ............................................................. 124.31–124.33. 

28–31–124(a), 28–31–124(b)(4)–(5), 28–31–124(c)(16), 28–31– 

124(e)(18).

124.200–124.214. 

28–31–260(a), 28–31–260(b)(1), and 28–31–260(c)(1) .......................... 260.1–260.3. 

28–31–260(a), and 28–31–260(c)(2)(A)–(E) ............................................ 260.10. 

28–31–260b .............................................................................................. 260.11. 

28–31–260(a) and 28–31–260(b)(6)–(7) .................................................. 260.30–260.33, 260.40–260.41, and Appendix I. 

28–31–260(d) required in the event of a conflict between federal and 

state definitions.

No analog in Part 260. 

28–31–261(a), 28–31–261(c)(2), 28–31–261(c)(3)(A)–(C), 28–31– 

261(c)(4), and 28–31–261(b)(2).

261.1–261.4(e)(3(iii). 

28–31–261(a) ........................................................................................... 261.5 except 261.5(a), 261.5(e)(1), 261.5(f)(3), 261.5(g), and 

261.5(g)(2)–(3). 

28–31–261(a) and 28–31–261(b)(3) ........................................................ 261.6–261.11. 

28–31–261(a), 28–31–261(c)(10)–(12) .................................................... 261.20–261.24. 

28–31–261(a) and 28–31–261(c)(15) ...................................................... 261.30–261.33 and (e) 261.35, and 261.38 except 261.33(e)–(f). 

28–31–261(a) and 28–31–261(c)(16) ...................................................... Appendices I and VII–VIII. 

28–31–262(a), 28–31–262(c)(1), and 28–31–262(b)(1) .......................... 262.10–12 except 262.11(c)(1). 

28–31–262(a) ........................................................................................... 262.20, 262.22–262.23 and 262.27 except 262.27(b). 

28–31–262(a), 28–31–262(c)(5)–(6) and (8), 28–31–262(b)(3) .............. 262.30–262.34 except 262.34(c)(1)(ii) and 262.34(g)–(i). 

28–31–262(a) ........................................................................................... 262.40–43 except 262.42(b). 

28–31–262(a) ........................................................................................... 262.70. 

28–31–262(b)(5) ....................................................................................... 262.90 and 262–100–262–108. 

28–31–262(a) ........................................................................................... Appendix to Part 262. 

28–31–263(a) and 28–31–263(c)(1) ........................................................ 263.10. 

28–31–263(a) ........................................................................................... 263.20–22 except 263.20(h). 

28–31–263(a) ........................................................................................... 263.30–263.31. 

28–31–264(a), 28–31–264(b)(2) and 28–31–264(c)(2) ........................... 264.1–264.4. 

28–31–264(a), 28–31–264(b)(3) and 28–31–264(c)(3) ........................... 264.10–264.19. 

28–31–264(a) ........................................................................................... 264.30–264.37, 264.50–264.56 and 264.70–264.77. 

28–31–264(a) ........................................................................................... 264.90–264.101 except 264.90(b)(4). 

28–31–264(a), and 28–31–264(c)(4)–(5) ................................................. 264.110–264.120. 

28–31–264(a), 28–31–264(c)(6)(A)–(D), 28–31–264(c)(8)–(9), 28–31– 

264(c)(11)–(17), 28–31–264(b)(4).

264.140–264.151 except 264.143(e)(1), 264.144(b), 264.144(c), 

264.145(e)(1), 264.147(a)(1)(ii), 264.147(b)(1)(ii), and 264.151(i)–(j). 

28–31–264(a) and 28–31–264(c)(18) ...................................................... 264.170–264.179. 

28–31–264(a), 28–31–264(c)(19)–(20), and 28–31–264(b)(5) ................ 264.190–200. 

28–31–264(a), 28–31–264(b)(10), 28–31–264(c)(21(A)–(B), 28–31– 

264(c)(22)–(23), 28–31–264(c)(24)(A)–(B) and 28–31–264(c)(25).

264.220–264.232, 264.50–264.59, 264.270–264.283, 264.300– 

264.304, 264.309–264.351, 264.550–264.555, 264.570–264.575 except 264.226(c), 264.227(d)(2)(ii), 264.280(b). 

28–31–264(a), 28–31–264(c)(26)–(28), 28–31–264(b)(8)–(9) ................. 264.1030–264.1036, 264.1050 264.264.1065, 264.1080–264.1090, 

264.1100–1102, 264.1200–264.1202. 

28–31–264(c)(26) ..................................................................................... 264.1060(b)(3). 

28–31–264(a) ........................................................................................... Appendices I, IV–VI, and IX. 

28–31–265(a), 28–31–265(c)(2)–(3) and 28–31–265(b)(2) ..................... 265.1 and 265.4. 

28–31–265(a), 28–31–265(c)(4), 28–31–265(b)(3) .................................. 265.10–265.19, 265.30–265.37, 265.50–265.56, and 265.70–265.77. 

28–31–265(a) ........................................................................................... 265.90–265.94 except 265.90(c), 265.90(d)(1), 265.90(e), and 

265.93(d)(2). 

28–31–265(a), 28–31–265(c)(6)–(10), 28–31–265(c)(13), 28–31– 

265(b)(5)–(9), 28–31–265(c), 28–31–265(c)(18)–(22).

265.110–265.121, 265.140–265.150, 265.170–265.178 265.190– 

265.202, 265.220–265.231, 265.250–265.260, 265.270–265.282, 

265.300–265.316, 265.340–265.352, 265.370–265.383, 265.400– 

265.406, 265.430, 265.440–265.445, 265.1030–265.1035, 

265.1050–265.1064, 265.1080–265.1090, 265.1100–265.1101, 

265.1200–265.1202 except 265.144(b), 265.144(c), 265.201, 

265.201(a)–(d) and (f)–(h), 265.221(g), 265.280(e). 

28–31–265(a) ........................................................................................... Appendices I, III–VI. 

28–31–266(a), 28–31–266(c)(2)–(5), 28–31–266(b) ................................ 266.20–266.23, 266.70, 266.80, 266.100–266.102, 266.104–266.112, 

266.200–266.206, 266.210, 266.220–266.360, 266.400–266.422. 

28–31–266(a) ........................................................................................... Appendices I–IX and XI–XIII. 

28–31–267(a), 28–31–267(c)(2)–(4), 28–31–267(b)(2) ........................... 267.1–267.3, 267.10–267.18, 267.30–267.36, 267.50–267.58, 267.70– 

267.76, 267.90–267.101, 267.110–267.117, 267.140–267.148, 

267.150–267.151, 267.170–267.177, 267.190–267.204 and 

267.1100–267.1108. 

28–31–268(a), 28–31–268(c)(4) ............................................................... 268.1–268.7 and 268.9 except 268.1(e)(1), 268.5–6, 268.7(a)(5), 

268.7(a)(9)(iii). 268.7(a)(10). 

28–31–268(a), 28–31–268(c)(8)–(11), 28–31–268(b)(3) ......................... 268.14, 268.20–268.50 except 268.42(b) and 268.44. 


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State requirement 

KAR 

Analogous Federal requirement 

40 CFR 

28–31–268(a) ........................................................................................... Appendices III–IV, VI–VIII, XI. 

28–31–270(a), 28–31–270(b)(1), 28–31–270(c)(1) .................................. 270.1. 

28–31–270(a), 28–31–270(c)(2)(A)(i)–(ii), 28–31–270(c)(2)(B)–(E) ........ 270.2 except ‘‘Corrective action management unit,’’ Emergency Permit,’’ ‘‘Permit,’’ ‘‘Remedial action plan,’’ ‘‘Standardized permit’’. 

28–31–270(b)(4) ....................................................................................... 270.3. 

28–31–270(a) ........................................................................................... 270.4–270.5. 

28–31–260b(b)(1) ..................................................................................... 270.6. 

28–31–270(a), 28–31–270(c)(4)–(17), 28–31–270(c)(19)–(24), 28–31– 

270(b)(4)–(8).

270.10–270.33, 270.40–270.43, 270.50–270.5, 270.60–270.68, 

270.70–270.73, 270.79–270.110, 270.115, 270.120–270.150, 

270.155–270.190, 270.195, 270.200–270.230, 270.235, 270.250, 

270.255, 270.260–270.305, 270.310, 270.315–270.320 except 

270.10(a) and 270.17(d). 

28–31–273(a) ........................................................................................... 273.1–273.9, 273.10–273.20, 273.30–273.40, 273.50–273.56, 273.60– 

273.62 and 273.70 except 273.8(a)(2). 

28–31–273(b)(4) ....................................................................................... 273.80–273.81. 

28–31–279(a), 28–31–279(c)(1)–(2), 28–31–279(c)(3)(A)–(D), 28–31– 

279(c)(4)(A)–(C), 28–31–279(c)(5).

279.1, 279.10–279.12, 279.20–279.24, 279.30–279.32, 279.40–279.47, 

279.50–279.67, 279.70–279.75 279.80–279.81 except 279.10(b)(3). 

28–31–279(a) ........................................................................................... 279.60–279.67 except 279.62(b)(1)–(2) and 279.64(g). 

H. Where are the revised State rules 

different from the Federal rules? 

1. Rules for Which Kansas Is Not 

Seeking Authorization 

(a) Kansas is not seeking authorization 

for, and has appropriately left authority 

with EPA, for the majority of the nondelegable Federal rules that address 

specific functions for which EPA must 

retain authority, including the Federal 

requirements at 40 CFR 261.39(a)(5), 

262.21, 262 Subparts E, F and H, 268.5, 

268.6, 268.42(b), 268.44(a)–(g) and 

270.3. However, Kansas has adopted the 

provisions at 40 CFR 263.20(g)(4), 

264.71(a)(3), 265.71(a)(3), 268.5, 268.6 

and 268.42(b). EPA will continue to 

implement all of the above mentioned 

requirements directly through the RCRA 

regulations. 

(b) Kansas is not seeking 

authorization for the National 

Environmental Performance Track 

Program (April 22, 2004, 69 FR 21737); 

as amended October 25, 2004, 69 FR 

62217; Revision Checklist 204). On May 

14, 2009, EPA terminated the National 

Environmental Performance Track 

Program. 

(c) Kansas has not adopted the 

optional provisions at 40 CFR 260.20– 

22, which are applicable to the delisting 

of a waste, and the provision at 40 CFR 

260.23 which addresses petitions to add 

a universal waste. These optional 

provisions were not promulgated under 

HSWA. Therefore, the provisions for 

delisting a waste, or to petition to add 

a universal waste, are not applicable in 

Kansas. 

(d) Kansas has not adopted the 

provisions at 266.103 which are 

applicable to interim status burners. 

There are currently no such facilities in 

the State, nor does the State expect there 

will be in the future. If at any time a 

facility in the State of Kansas becomes 

subject to 40 CFR 266.103, the Federal 

government will administer the 

applicable regulations. 

(e) Kansas did not adopt the provision 

at 270.42(l) which requires a list of all 

approved permits and permit 

modifications be maintained and a 

notification, published annually, 

announcing an updated list is available 

for review. The State and EPA have 

agreed to place this requirement in the 

Memorandum of Agreement. 

2. More Stringent Kansas Rules 

The Kansas hazardous waste program 

contains some provisions that are more 

stringent than is required by the RCRA 

program as codified in the July 1, 2006, 

edition of the title 40 of the Code of 

Federal Regulations. These more 

stringent provisions are being 

recognized as a part of the Federallyauthorized program. 

The specific more stringent provisions 

are also noted in Kansas’ authorization 

application. They include, but are not 

limited to, the following: 

Kansas Generator Regulations— 

Generally Applicable to All Generator 

Classifications 

(a) At 28–31–261(c)(6) generators who 

generate 1 kg or more of acutely 

hazardous waste in a calendar month 

are considered large quantity generators 

(LQGs) for that waste and the waste 

becomes subject to the LQG 

requirements. Kansas is more stringent 

because under the federal regulations, 

generators that generate exactly 1 kg of 

acute hazardous waste are not subject to 

the LQG requirements. This more 

stringent requirement is also applicable 

to the accumulation of acutely 

hazardous waste. 

(b) In addition, at 28–31–261(c)(6) 

Kansas replaces the phrases ‘‘that acute 

hazardous waste’’ and ‘‘those 

accumulated wastes’’ with ‘‘the 

generator’s hazardous waste and acute 

hazardous waste.’’ This requires all 

generator’s waste to become subject to 

full regulation if a generator exceeds the 

limits of 40 CFR 261.5(e), (f)(2) or (g)(2), 

not just the specific waste that exceeded 

the limits. 

(c) The federal regulations at 40 CFR 

265.201(a)–(d) and (f)–(h) are only 

applicable to generators of between 100 

and 1,000 kg/mo. Kansas modifies these 

provisions at 28–31–265(c)(17)(A)–(D) 

making these provisions applicable to 

generators who accumulate more than 

25 kg, which makes the State more 

stringent. 

(d) At 28–31–4 Kansas requires the 

information on the originally submitted 

RCRA notification form be changed if 

there is a change in the information. 

(e) At 28–31–262(c)(7) Kansas 

requires labels to read ‘‘Hazardous 

Waste.’’ The federal regulations allow 

other words which identify the 

contents. 

(f) At 28–31–262(b)(3) Kansas does 

not adopt the special requirements 

applicable to F006 waste at 40 CFR 

262.34(g)–(i) and is therefore more 

stringent. 

Kansas Generator Classifications 

Kansas establishes four (4) generator 

categories as opposed to the three (3) 

established by the Federal regulations. 

The table below illustrates the 

differences between the State’s 

generator categories and those in the 

Federal provisions. 


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Generator size 

(kg of HW/month) 

Kansas generator 

classification EPA Generator classification 

<25 ...................................................................... Conditionally exempt small quantity generator Conditionally exempt small quantity generator 

>=25 but <100 .................................................... Kansas small quantity generator..

>100 but <1,000 ................................................. Small quantity generator .................................. Small quantity generator. 

>=1,000 .............................................................. Large quantity generator .................................. Large quantity generator. 

Some Federal rules which, when 

applied to the State specific generator 

classifications, make the State rules 

more stringent. Kansas has also 

promulgated rules which are specific to 

the State’s generator classifications, 

which EPA has determined are also 

more stringent than the RCRA program. 

These include, but are not limited to the 

following: 

Kansas Generator Classification— 

Conditionally Exempt Small Quantity 

Generator (CESQG) 

The following table lists regulations 

where there is a state requirement and 

with a direct analogous Federal 

requirement. 

State requirement 

KAR 

Analogous Federal requirement 

40 CFR 

28–31–261(c)(5) ....................................................................................... 261.5(a). 

28–31–261(c)(7) ....................................................................................... 261.5(g). 

28–31–261(c)(9) ....................................................................................... 261.5(g)(3). 

28–31–261(c)(13) and (14) ...................................................................... 261.33(e) and (f). 

28–31–261a .............................................................................................. No analog in federal regulations. 

28–31–262a(f)(2)(C)(i) .............................................................................. 262 Subpart C. 

28–31–262a(f)(2)(C)(ii) ............................................................................. 262.34. 

28–31–262a(f)(2)(C)(iii) ............................................................................ 265.15(d). 

28–31–262a(f)(2)(C)(iv) ............................................................................ 265 Subpart I. 

28–31–262a(f)(2)(C)(v) ............................................................................. 265.201. 

28–31–273(a) ........................................................................................... 273.8(a)(2) related. 

28–31–279(a) ........................................................................................... 279.10(b)(3) related. 

Additional Rules Applicable to Kansas 

Generator Status—CESQG 

(a) At 28–31–262a(f)(1) Kansas 

prohibits conditionally exempt small 

quantity generators from disposing of 

their hazardous waste in a construction 

and demolition landfill in Kansas. 

Construction and demolition landfills in 

Kansas are not subject to the provisions 

of 40 CFR 257.5 thru 257.30 and 

therefore cannot accept CESQG waste. 

(b) At 28–31–262a(f)(2)(A) Kansas 

requires CESQGs that accumulate 25k 

(55 lbs) or more of hazardous waste to 

inspect areas where one or more 

hazardous waste containers are stored, 

on a monthly basis. 

(c) At 28–31–262a(f)(2)(B)(i) and (ii) 

Kansas limits a CESQG that sends 25k 

or more of hazardous waste at any one 

time to disposal at state permitted 

Kansas household hazardous waste 

sites, or a disposal facility meeting 

certain requirements in 40 CFR 261.5(g). 

Kansas Generator Classification— 

Kansas Small Quantity Generator 

(KSQG) 

The following table lists regulations 

where there is a state requirement and 

with a direct analogous Federal 

requirement. 

State requirement 

KAR 

Analogous Federal requirement 

40 CFR 

28–31–262(c)(4) ....................................................................................... 262.27(b). 

28–31–262(c)(9) ....................................................................................... 262.42(b). 

28–31–262(c)(11)(A) and (B) ................................................................... 262.44. 

28–31–262a(e)(3)(A), (B) and (C) ............................................................ 262 Subparts A, B, and C. 

28–31–262a(e)(3)(D) ................................................................................ 262.34. 

28–31–262a(e)(3)(E) ................................................................................ 262.44. 

28–31–262a(e)(3)(G) ................................................................................ 265.15(d). 

28–31–262a(e)(3)(H) ................................................................................ 265 Subpart C. 

28–31–262a(e)(3)(I) .................................................................................. 265 Subpart I. 

28–31–262a(e)(3)(J) ................................................................................. 265.201. 

28–31–262a(e)(3)(K) ................................................................................ 268.7(a)(5). 

28–31–268(c)(2) and (5) .......................................................................... 268.1(e)(1); 268.7(a)(5); 268.7(a)(10). 

Additional Rules Applicable to Kansas 

Generator Status—KSQG 

(a) At 28–31–262a(e)(1) Kansas 

requires KSQGs to submit a waste 

minimization certification. 

(b) At 28–31–262a(e)(2) Kansas 

requires KSQGs to inspect areas where 

one or more hazardous waste containers 

are stored, on a monthly basis. 

(c) At 28–31–262a(e)(4) Kansas 

requires KSQGs to provide training no 

more than six months after an employee 

is hired or transferred to a new position, 

repeat the training annually, record the 

employee name, date of training, and 

topics covered and keep records for at 

least three years from the date of the 

training. Personnel training records may 

accompany personnel transferred within 

the same company. 


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(d) At 28–31–262a(e)(5) Kansas 

requires any KSQG that accumulates 

more than 1,000k (2,200 lbs) of 

hazardous waste to comply with all 

requirements for small quantity 

generators. 

Kansas Generator Status—Small 

Quantity Generator (SQG) 

(a) At 28–31–261(c)(8) Kansas 

replaces ‘‘generators of between 100 kg 

and 1000 kg of hazardous waste’’ with 

‘‘small quantity generators.’’ Kansas is 

more stringent because the generation 

limit for CESQGs is lower <25 kg rather 

than ≤ 100 kg. Also, generators of ≥25 

kg but ≤100 kg per calendar month are 

subject to requirements more stringent 

than the 40 CFR 261.5 requirements. See 

also 28–31–262a(f). 

(b) At 28–31–262a(d)(1) Kansas 

requires small quantity generators to 

provide training no more than six 

months after an employee is hired or 

transferred to a new position, repeat the 

training annually, record the employee 

name, date of training, and topics 

covered and keep records for at least 

three years from the date of the training. 

Personnel training records may 

accompany personnel transferred within 

the same company. 

(c) At 28–31–262a(d)(2)(A) Kansas 

subjects small quantity generators to the 

inspection documentation and record 

keeping requirements of 40 CFR 

265.15(d) for both containers and tanks. 

(d) At 28–31–262a(d)(2)(B) and (C) 

Kansas subjects small quantity 

generators to the closure requirements 

of 40 CFR 265.11(a) and (B) and 

265.114. 

Kansas Generator Status—Large 

Quantity Generator (LQG) 

At 28–31–262a(c) Kansas requires 

large quantity generators to document 

and keep records of weekly inspections 

of containers and hazardous waste 

storage areas as well as daily 

inspections of tanks in accordance with 

40 CFR 265.15(d). 

Additional Kansas Regulations Deemed 

To Be More Stringent by EPA 

(a) At 28–31–263(c)(2) Kansas 

requires transporters of KSQG waste to 

comply with 263.20(1)–(4), which under 

the Federal program are only applicable 

to SQGs. 

(b) At 28–31–264(c)(9)–(10) and 28– 

31–265(c)(11)–(12) Kansas requires 

owners/operators to update the postclosure cost estimate during the postclosure period as well as the active life 

of the facility. 

(c) At 28–31–264a(a)(1) establishes 

the definitions for state-specific terms 

applicable to the state’s additional 

requirements for financial assurance 

required under 40 CFR 264.143, 264.145 

and 264.147. 

(d) At 28–31–264a(a)(2)(B) Kansas 

requires an insurer to have a current 

minimum rating in the secure or 

investment grade category by the A.M. 

Best insurance rating agency and not be 

a ‘‘captive insurance company.’’ The 

term ‘‘captive insurance company’’ is 

defined at 28–31–264a(a)(1)(A). 

(e) At 28–31–264a(a)(2)(C) Kansas 

requires a surety company to have a 

current minimum rating in the secure or 

investment grade category by the A.M. 

Best insurance rating agency and must 

be licensed in Kansas. 

(f) At 28–31–264a(b) Kansas applies 

the requirements found at 40 CFR 

264.119(b) to active facilities. 

(g) At 28–31–264a(c)(1) Kansas 

outlines the specific requirements to be 

included in the restrictive covenant. 

(h) At 28–31–264a(c)(2) Kansas 

outlines the specific requirements for 

easements. 

(i) At 28–31–264a(c)(3) Kansas 

requires that each offer or contract for 

the conveyance of easement, title, or 

other interest to the property shall 

disclose all terms and conditions and 

provisions for care and subsequent land 

use. Provisions for maintaining waste 

containment and monitoring systems 

are required. 

(j) At 28–31–264a(c)(4) Kansas 

requires that all covenants, easements, 

and other documents be permanent 

unless there is an agreement between 

the property owner and the Secretary of 

State to remove it. 

(k) At 28–31–264a(d) Kansas requires 

that operators of hazardous waste 

container or tank storage facilities mark 

all containers and tanks in accordance 

with the requirements of 40 CFR 

262.34(a)(2) and (3). 

(l) At 28–31–264a(g) Kansas requires 

all hazardous waste injection wells to 

comply with the Kansas Underground 

Injection Well regulations. 

(m) At 28–31–265a Kansas makes 

these additional requirements for TSDs 

applicable to interim status facilities. 

(n) At 28–31–267a Kansas makes 

these additional requirements for TSDs 

applicable to facilities operating under a 

standardized permit. 

(o) At 28–31–270(c)(3) Kansas 

requires persons applying for a permit 

to dispose of hazardous waste to first 

petition the secretary for an exception to 

the State’s prohibition against 

underground land burial. 

(p) At 28–31–279(b)(2) Kansas 

specifically prohibits the use of used oil 

as a dust suppressant. 

(q) At 28–31–279(a)(1) Kansas 

specifically prohibits the disposal of 

used oil on or into sewers; storm 

drainage systems; surface water; 

groundwater; or the ground. 

(r) At 28–31–279a(a)(2) Kansas 

specifically prohibits the application of 

used oil as a coating; a sealant; a dust 

suppressant; pesticide carrier; or any 

other similar application. 

3. Broader in Scope 

EPA considers the following State 

requirements to be beyond the scope of 

the Federal program, and therefore EPA 

is not authorizing these requirements 

and cannot enforce them. Entities must 

comply with these requirements in 

accordance with State law, but they are 

not RCRA requirements. The specific 

broader in scope provisions include, but 

are not limited to, the following: 

(a) The statute at KSA 65–3433(b)(1) 

requires the State to provide notice of 

application in a major newspaper in the 

county for which a new off-site facility 

application has been received. This 

notice must be published for three 

consecutive weeks and a copy of the 

notice sent to the city clerk of any city 

located within three miles of the 

proposed facility. 

(b) At KSA 65–3433(c) and KSA 65– 

3438 Kansas requires the Secretary to 

make a final decision on the permit 

application within 240 days. There is 

not a permit decision deadline in the 

Federal program, making this provision 

broader in scope. KSA 65–3433(c) also 

states that, once a permit has been 

issued by the Secretary, ‘‘no local 

ordinance, permit or other requirements 

may prohibit the construction or 

modification of such a facility or restrict 

transportation to the facility.’’ Because 

the Federal program does not include 

language concerning local prohibitions, 

this provision is broader in scope. 

(c) At KSA 65–3435 Kansas prohibits 

the Secretary from approving an 

application ‘‘unless applicant has fee 

simple title to the property where the 

facility will be located, free of any liens, 

easements, covenants, or any other 

encumbrances to the title.’’ Because the 

Federal program does not have any 

requirements concerning ownership of 

the land, this provision is broader in 

scope. 

(d) At KSA 65–3437(d) Kansas 

requires the Department to inspect the 

location of the proposed facility. An 

inspection report must be filed with the 

Secretary before issuing the permit and 

made available for public review. 

Because the Federal program does not 

have an inspection requirement, this 

provision is broader in scope. 

(e) At 28–31–124a(b) Kansas requires 

a disclosure statement from a permit 

applicant to obtain the information 


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43816 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Rules and Regulations 

necessary to conduct a background 

investigation. 

(f) At 28–31–124c(b) the state has 

chosen to include a regulation which 

outlines the basis of a permit 

application denial by the secretary. The 

federal regulations speak to issuing a 

tentative decision to deny. The Kansas 

regulation states only that if the permit 

application does not meet the regulatory 

requirements, it will be denied. 

(g) At 28–31–260(c)(2)(D) Kansas has 

modified the definition of ‘‘qualified 

ground-water scientist’’ to require such 

to be a licensed geologist or a 

professional engineer. Kansas also 

requires training in corrective action. 

(h) At 28–31–260a(a)(6) and (7) 

Kansas defines the terms ‘‘Kansas 

licensed geologist’’ and ‘‘Kansas 

professional engineer’’ and substitutes 

these terms for the Federal terms 

‘‘qualified geologist or geotechnical 

engineer;’’ ‘‘qualified engineer;’’ and/or 

‘‘qualified soil scientist.’’ 

(i) At 28–31–262(c)(2) Kansas requires 

that the sample be sent to a laboratory 

certified by the department for the 

hazardous waste analysis. 

(j) At 28–31–262a(a)(2) Kansas 

requires SQGs and LQGs shipping waste 

to use only transporters who are 

properly registered with the department. 

The federal program does not require 

transporter registration so the State is 

broader in scope. 

(k) At 28–31–262a(b) Kansas requires 

SQGs and KSQGs to submit a report to 

the secretary by March 1 each year that 

details the total quantities of waste 

produced during the previous calendar 

year. The State also requires that LQGs, 

SQGs and KSQGs submit their annual 

monitoring fee with the report, adhere 

to a schedule for submission, and keep 

the report for three years. These 

provisions are broader in scope as there 

are no analogous requirements in the 

Federal program. 

(l) Kansas requires entities to pay 

annual fees. The regulations regarding 

these fees can be found at 28–31– 

262a(b)(2); 28–31–10(a)–(f); and 28–31– 

10a. 

(m) At 28–31–263a(a) Kansas exempts 

KSQGs and CESQGs that meet certain 

conditions from the transporter 

requirements. 

(n) At 28–31–263a(c) Kansas requires 

transporters to ensure that the 

generators and facilities from whom 

they pick up or to whom they deliver 

hazardous waste, have provided proper 

notification to the department. 

(o) At 28–31–263(g) Kansas requires 

transporter use routes that minimize 

risk to public health and that are 

preferred routes. 

(p) At 28–31–264(c)(7)(A) and (B), and 

28–31–264(c)(7) Kansas requires that the 

insurer must be licensed to or eligible to 

provide insurance in Kansas. 

(q) At 28–31–264a(c)(4) Kansas 

requires the owner of the property to 

pay all recording fees. There is no 

analogous counterpart in the Federal 

program, so the State is broader in 

scope. 

(r) At 28–31–264a(a)(2)(A) Kansas 

requires the bank or trust company have 

authority to issue letters of credit in 

Kansas or to act as trustee for the facility 

in Kansas. 

(s) At 28–31–264a(a)(3) Kansas 

requires that, if the financial assurance 

is a ‘‘purchased’’ financial instrument, 

the financial institution which provides 

the ‘‘purchased’’ financial instrument 

must be unrelated to both the owner and 

the operator of the facility. 

(t) At 28–31–264a(a)(4) Kansas 

requires that each person required to 

submit information under one or more 

of the following requirements must also 

submit a copy of the most recent 

corporate annual report: 40 CFR 

264.143(f)(3); 264.145(f)(3); 

265.143(e)(3); 265.145(e)(3); or 

267.143(f)(2). 

(u) At 28–31–264a(a)(5) Kansas 

requires corporate reports be submitted 

for both publicly and privately owned 

facilities and contain financial 

statements, notes to the financial 

statements, and a copy of the 

independent CPA’s report, including an 

unqualified opinion. 

(v) At 28–31–264a(e) Kansas 

promulgates additional laboratory 

certification and analysis requirements. 

(w) At 28–31–264a(f) Kansas applies 

additional laboratory certification 

requirements regarding the analysis of 

hazardous waste to be burned for 

destruction or energy recovery. 

(x) At 28–31–6 and 28–31–279a(b) 

Kansas subjects transporters of 

hazardous waste and used oil to 

registration and insurance requirements. 

There is not an analogous provision in 

the Federal program therefore the 

Kansas provision is broader in scope. 

(y) At 28–31–13 Kansas addresses 

variances from the State requirements 

that EPA deems to be more stringent or 

broader in scope than the Federal 

program. Because there is no analogous 

provision in the Federal program, the 

State is broader in scope. 

(z) At KS–31–6(a)–(d) Kansas 

establishes state specific requirements 

for person(s) transporting hazardous 

waste or used oil. These requirements 

include registration with the Secretary, 

and the securing and maintenance of 

liability insurance on all vehicles 

transporting hazardous waste or used oil 

in Kansas. There is no analogous 

counterpart in the Federal program, so 

the State is broader in scope. 

I. Who handles permits after the 

authorization takes effect? 

Kansas will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

and enforce any RCRA and HSWA 

(Hazardous and Solid Waste Act) 

permits or portions of permits which it 

has issued in Kansas prior to the 

effective date of this authorization until 

the State incorporates the terms and 

conditions of the Federal permits into 

the State RCRA permits. Kansas will 

immediately assume oversight 

responsibility on two sites with EPAissued permits, the Former Lawrence 

Nitrogen Plant (KSD007128507) and the 

Former Sunflower Army Ammunition 

Plant (KS3213820878), through the 

authority of State-issued orders. EPA 

will not issue any more new permits, or 

new portions of permits, for the 

provisions listed in the table above after 

the effective date of this authorization. 

EPA will continue to implement and 

issue permits for any HSWA 

requirements for which Kansas is not 

yet authorized. 

J. How does this action affect Indian 

Country (18 U.S.C. 1151) in Kansas? 

Kansas is not authorized to carry out 

its Hazardous Waste Program in Indian 

Country within the State. This authority 

remains with EPA. Therefore, this 

action has no effect in Indian Country. 

K. What is codification and is EPA 

codifying Kansas’ 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 Code 

of Federal Regulations. We do this by 

referencing the authorized State rules in 

40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

R for this authorization of Kansas’ 

program until a later date. 

Statutory and Executive Order Reviews 

The Office of Management and Budget 

(OMB) has exempted this rule (RCRA 

State Authorization) from the 

requirements of Executive Orders 12866 

(58 FR 51735, October 4, 1993) and 

Executive Order 13563 (76 FR 3821, 

January 21, 2011). This rule authorizes 

state requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those required by 

state law. This final rule does not 

impose an information collection 


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burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Incorporation by 

reference will not impose any new 

burdens on small entities. 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 rule 

approves pre-existing 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). 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), does not apply to this 

rule because it will not have federalism 

implications (i.e., substantial direct 

effects on the States, on the relationship 

between national government and the 

states, or on the distribution of power 

and responsibilities among the various 

levels of government). This action also 

does not have Tribal implications 

within the meaning of Executive Order 

13175 (65 FR 67249, November 6, 2000). 

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 action is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply 

Distribution or Use’’ (66 FR 28344, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

EPA approves state programs as long 

as they meet criteria required by RCRA, 

so it would be inconsistent with 

applicable law for EPA, in its review of 

a state program, to require the use of any 

particular voluntary consensus standard 

in place of another standard that meets 

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 to this rule. 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, 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 

final rule does not include 

environmental justice issues that require 

consideration under Executive Order 

12898 (59 FR 7629, February 16, 1994). 

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. 

The Congressional Review Act (5 

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

that, before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to 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 September 20, 2013. 

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 notice 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: June 27, 2013. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2013–17566 Filed 7–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 7 

[Docket No. CDC–2013–0013] 

RIN 0920–AA53 

Distribution of Reference Biological 

Standards and Biological Preparations 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Direct final rule and request for 

comments. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), located 

within the Department of Health and 

Human Services (HHS) proposes to 

update four sections of its regulations 

titled ‘‘Distribution of Reference 

Biological Standards and Biological 

Preparations’’ to update the authority 

citation and reflect the agency’s current 

name, address, and contact information 

for fees schedules and terms of 

payment. These updates will not affect 

current practices. 

DATES: The direct final rule (DFR) is 

effective on September 20, 2013 unless 

significant adverse comment is received 

by August 21, 2013. If we receive no 

significant adverse comments within the 

specified comment period, we intend to 

publish a document confirming the 

effective date of the final rule in the 

Federal Register within 30 days of the 

conclusion of the comment period. If we 

receive any timely significant adverse 

comment, we will withdraw this DFR in 

part or in whole by publishing a notice 

in the Federal Register within 30 days 

of the conclusion of the comment 

period. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 0920–AA52’’: by any 

of the following methods: 

• Internet: Access the Federal erulemaking portal at http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Division of Scientific 

Resources, Centers for Disease Control 

and Prevention, 1600 Clifton Road, NE., 

MS C–17, Atlanta, Georgia 30333, 

ATTN: Part 7 DFR. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulation Identifier 

Number (RIN) for this rulemaking. All 

relevant comments will be posted 

without change to http:// 

regulations.gov, including any personal 

information provided. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, please go to 

http://www.regulations.gov. Comments 

will be available for public inspection 

Monday through Friday, except for legal 

holidays, from 9 a.m. until 5 p.m., 

Eastern Time, at 1600 Clifton Road, NE., 

Atlanta, Georgia 30333. Please call 

ahead to 404–639–3466 and ask for a 

representative in the Division of 

Scientific Resources (DSR) to schedule 

your visit. To download an electronic 

version of the rule, access http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this direct final 

rule: Dr. Carolyn M. Black, Director, 

Division of Scientific Resources, Centers 

for Disease Control and Prevention, 

1600 Clifton Road NE., Mailstop C–17, 

Atlanta, Georgia 30333; telephone 404– 

639–3466. 


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