Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32161 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this final rule has been exempted from 

review under Executive Order 12866, 

this final rule is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 20, 2013 

Lois A. Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.910, alphabetically add the 

following inert ingredient to the table to 

read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

Methyl 5-(dimethylamino)-2-methyl-5-oxopentanoate (1174627–68–9) ............................................................ ........................... Solvent 

* * * * * * * 

[FR Doc. 2013–12457 Filed 5–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2012–0821; 9817–6] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate direct rule. 

SUMMARY: Oklahoma has applied to the 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Oklahoma’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on July 29, 2013 unless 

the EPA receives adverse written 

comment by June 28, 2013. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Email: patterson.alima@epa.gov. 


tkelley on DSK3SPTVN1PROD with RULES
32162 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

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

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas Texas 75202–2733. 

4. Hand Delivery or Courier. Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. 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 email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

You can view and copy Oklahoma’s 

application and associated publicly 

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

p.m. Monday through Friday at the 

following locations: Oklahoma 

Department of Environmental Quality, 

707 North Robinson, Oklahoma City, 

Oklahoma 73101–1677, (405) 702–7180 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214) 

665–8533, EPA Region 6, 1445 Ross 

Avenue, Dallas Texas 75202–2733, and 

Email address patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273, and 

279. 

B. What decisions have we made in this 

rule? 

We conclude that Oklahoma’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Oklahoma 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Oklahoma has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders. Also section 10211(a) of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

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

Statute 1144 (August 10, 2005) provides 

the State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C in Indian 

Country and for carrying out the aspects 

of the RCRA program described in its 

revised program application, subject to 

the limitations of the Hazardous and 

Solid Waste Amendments of 1984 

(HSWA). 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 

Oklahoma 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 Oklahoma 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. Oklahoma 

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 after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Oklahoma is being 

authorized by today’s action is 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 

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 in this document. 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 Oklahoma previously 

been authorized? 

Oklahoma initially received final 

Authorization on January 10, 1985, (49 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32163 

FR 50362–50363) published December 

27, 1984 to implement its base 

hazardous waste management program. 

We authorized the following revisions: 

Oklahoma received authorization for 

revisions to its program with 

publication dates: April 17, 1990 (55 FR 

14280–14282), effective June 18, 1990; 

September 26, 1990 (55 FR 39274) 

effective November 27, 1990; April 2, 

1991 (56 FR 13411–13413) effective 

June 3, 1991; September 20, 1991 (56 FR 

47675–47677) effective November 19, 

1991; September 29, 1993 (58 FR 

50854–50856) effective November 29, 

1993; October 12, 1993 (58 FR 52679– 

52682) effective December 13, 1993; 

October 7, 1994 (59 FR 51116–51122) 

effective December 21, 1994; January 11, 

1995 (60 FR 2699–2702) effective April 

27, 1995; October 9, 1996 (61 FR 52884– 

52886) effective December 23, 1996; 

Technical Correction March 14, 1997 

(62 FR 12100–12101) effective March 

14, 1997; September 22, 1998 (63 FR 

50528–50531) effective November 23, 

1998; March 29, 2000 (65 FR 16528– 

16532) effective May 30, 2000; May 10, 

2000 (65 FR 29981–29985) effective 

June 10, 2000; January 2, 2001 (66 FR 

28–33) effective March 5, 2001; April 9, 

2003 (68 FR 17308–17311) effective 

June 9, 2003 and February 4, 2009 (74 

FR 5994–6001); (66 FR 18927–18930) 

effective June 6, 2011 and March 15, 

2012 (77 FR 15273–15276) effective May 

14, 2012. The authorized Oklahoma 

RCRA program was incorporated by 

reference into the CFR published on 

December 9, 1998 (63 FR 67800–67834) 

effective February 8, 1999, August 26, 

1999 (64 FR 46567–46571) effective 

October 25, 1999, August 27, 2003 (68 

FR 51488–51492) effective October 27, 

2003, August 27, 2010 (75 FR 36546) 

June 28, 2010 and May 17, 2012 (77 FR 

29231–29235) effective July 16, 2012. 

On August 24, 2012, Oklahoma 

submitted a final complete program 

revision application seeking 

authorization of its program revision in 

accordance with 40 CFR 271.21. 

The Oklahoma Hazardous Waste 

Management Act (‘‘OHWMA’’) provides 

the ODEQ with the authority to 

administer the State Program, including 

the statutory and regulatory provisions 

necessary to administer the provisions 

of RCRA Cluster XXI, and designates the 

ODEQ as the State agency to cooperate 

and share information with EPA for 

purpose of hazardous waste regulation. 

The Oklahoma Environmental Quality 

Code (‘‘Code’’), at 27 A O.S. Section 2– 

7–101 et seq. establishes the statutory 

authority to administer the Hazardous 

waste management program und subtitle 

C. The State regulations to manage the 

Hazardous waste management program 

is at Oklahoma Administrative Code 

(OAC) Title 252 Chapter 205. 

The DEQ adopted applicable Federal 

hazardous waste regulations as 

amended through July 1, 2011 which 

became effective July 1, 2012. The 

provisions for which the State of 

Oklahoma is seeking authorization are 

documented in the Regulatory 

Documentation For Federal Provisions 

For Which The State Of Oklahoma Is 

Seeking Authorization, Federal Final 

Rules Published Between July 1, 2010 

Through June 30, 2011 RCRA Cluster 

XXI prepared on June 14, 2012. 

The DEQ incorporates the Federal 

regulations by reference and there have 

been no changes in State or Federal laws 

or regulations that have diminished the 

DEQ’s ability to adopt the Federal 

regulations by reference as set forth in 

the authorizations at 77 FR 1236–1262, 

75 FR 15273 through 15276 for RCRA 

Cluster XXI. The Federal Hazardous 

waste regulations are adopted by 

reference by the DEQ at OAC 252:205, 

Subchapter 3. The DEQ does not adopt 

Federal regulations prospectively. 

The State Hazardous waste 

management program (‘‘State Program’’) 

now has in place the statutory authority 

and regulations for all required 

components of Checklists 225, 226 and 

227 in Cluster XXI. These statutory and 

regulatory provisions were developed to 

ensure the State program is equivalent 

to, consistent with and no less stringent 

than the Federal Hazardous waste 

management program. 

The Environmental Quality Act, at 

27A O.S. Section 1–3–101(E), grants the 

Oklahoma Corporation Commission 

(‘‘OCC’’) authority to regulate certain 

aspects of the oil and gas production 

and transportation industry in 

Oklahoma, including certain wastes 

generated by pipelines, bulk fuel sales 

terminals and certain tank farms, as well 

as underground storage tanks. To clarify 

areas of environmental jurisdiction, the 

ODEQ and OCC developed an ODEQ/ 

OCC Jurisdictional Guidance Document 

to identify respective areas of 

jurisdiction. The current ODEQ/OCC 

jurisdictional Guidance Document was 

amended and signed on January 27, 

1999. The revisions to the State Program 

necessary to administer Cluster XXI will 

not affect the jurisdictional authorities 

of the ODEQ or OCC. 

The ODEQ adopted RCRA Cluster XXI 

applicable federal hazardous waste 

regulations as amended through July 1, 

2011 and became effective on July 1, 

2012. The rules were also codified at 

OAC 252:205 et seq., Subchapter 3. 

Pursuant to OAC 252:205–3–1, the 

State’s incorporation of Federal 

regulations does not incorporate 

prospectively future changes to the 

incorporated sections of the 40 CFR, and 

no other Oklahoma law or regulation 

reduces the scope of coverage or 

otherwise affects the authority provided 

by these incorporated-by-reference 

provisions. Further, Oklahoma 

interprets these incorporated provisions 

to provide identical authority to the 

Federal provisions. Thus, OAC Title 

252, Chapter 205 provides equivalent 

and no less stringent authority than the 

Federal Subtitle C program in effect July 

1, 2011. The State of Oklahoma 

incorporates by reference the provisions 

of 40 Code of Federal Regulations (CFR) 

parts 124 of 40 CFR that are required by 

40 CFR 271.14 (with the addition of 40 

CFR 124.19(a) through (c), 124.19(e), 

124.31, 124.32, 124.33 and Subpart G); 

40 CFR Parts 260–268 [with the 

exception of 260.21, 262 Subparts E and 

H, 264.1(f), 264.1(g)(12), 264.149, 

264.150, 264.301(1), 264.1030(d), 

264.1050(g), 264.1080(e), 264.1080(f), 

264.1080(g), 265.1(c)(4), 265.1(g)12), 

265.149, 265.150, 265.1030(c), 

265.1050(f) 265.1080(e), 265.1080(f), 

265.1080(g), 268.5, 268.6, 268.13, 

268.42(b), and 268.44(a) through (g)]; 40 

CFR Part 270 [with the exception of 

270.1(c)(2)(ix and 270.14(b)(18)]; 40 CFR 

Part 273; and 40 CFR Part 279. 

The DEQ is the lead Department to 

cooperate and share information with 

the EPA for purpose of hazardous waste 

regulation. 

Pursuant to 27A O.S. Section 2–7– 

104, the Executive Director has created 

the Land Protection Division (LPD) to be 

responsible for implementing the State 

Program. The LPD is staffed with 

personnel that have the technical 

background and expertise to effectively 

implement the provisions of the State 

program subtitle C Hazardous waste 

management program. 

G. What changes are we approving with 

today’s action? 

On August 24, 2012, the State of 

Oklahoma submitted final complete 

program applications, 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 the State of 

Oklahoma’s hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for final 

authorization. 

The State of Oklahoma revisions 

consist of regulations which specifically 

govern Federal Hazardous waste 

revisions promulgated between July 1, 

2010 through June 30, 2011 (RCRA 

Cluster XXI). Oklahoma requirements 


tkelley on DSK3SPTVN1PROD with RULES
32164 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

are included in a chart with this 

document. 

Description of federal requirement (include 

checklist No. if relevant) 

FEDERAL REGISTER date and page 

(and/or RCRA statutory authority Analogous state authority 

1. Removal of Saccharin and its Salts from the 

Lists of Hazardous Wastes. (Checklist 225).

75 FR 78918–78926 January 18, 2011 ........... Oklahoma Statutes Title 27A Section 2–7–101 

et seq., Oklahoma Hazardous Waste Management Act, as amended effective July 1, 

2011; Oklahoma Administrative Code, Title 

252, Chapter 205, as amended effective 

July 1, 2012. 

2. Corrections to the Academic Laboratories 

Generator Standards (Checklist 226). 

75 FR 79304–79308 December 20, 2010 ....... Oklahoma Statutes Title 27A Section 2–7–101 

et seq., Oklahoma Hazardous Waste Management Act, as amended effective July 1, 

2011; Oklahoma Administrative Code, Title 

252, Chapter 205, as amended effective 

July 1, 2012. 

3. Revisions of the Treatment Standards for 

Carbamate Wastes. (Checklist 227).

76 FR 34147–34157 August 12, 2011 ............. Oklahoma Statutes Title 27A Section 2–7–101 

et seq., Oklahoma Hazardous Waste Management Act, as amended effective July 1, 

2011; Oklahoma Administrative Code, Title 

252, Chapter 205, as amended effective 

July 1, 2012. 

H. Where are the revised State rules 

different from the Federal rules? 

There are no State requirements that 

are more stringent or broader in scope 

than the Federal requirements. 

I. Who handles permits after the 

authorization takes effect? 

Oklahoma 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 Oklahoma is not yet 

authorized. 

J. How does today’s action affect Indian 

Country (8 U.S.C. 1151) in Oklahoma? 

Section 8 U.S.C. 1151 does not affect 

the State of Oklahoma because under 

section 10211(a) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

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

Statute 1144 (August 10, 2005) provides 

the State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C in Indian 

Country and for carrying out the aspects 

of the RCRA program described in its 

revised program application, subject to 

the limitations of the Hazardous and 

Solid Waste Amendments of 1984 

(HSWA). 

K. What is codification and is the EPA 

codifying Oklahoma’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 LL for this 

authorization of Oklahoma’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

L. Administrative Requirements 

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. The reference to 

Executive Order 13563 (76 FR 3821, 

January 21, 2011) is also exempt from 

review under Executive orders 12866 

(56 FR 51735, October 4, 1993). 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 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32165 

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 a 

rule may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. The EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action will be effective July 29, 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 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: May 2, 2013. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2013–12712 Filed 5–28–13; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 0 

[WT Docket No. 10–177; FCC 13–4] 

Commercial Radio Operators; 

Correction 

AGENCY: Federal Communication 

Commission. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Federal Communications 

Commission (FCC) is correcting a final 

rule that appeared in the Federal 

Register of April 18, 2013. The 

document amended the FCC rules 

concerning radio operator licenses for 

maritime and aviation in order to reduce 

administrative burden in the public’s 

interest. 

DATES: Effective May 29, 2013, 

FOR FURTHER INFORMATION CONTACT: 

Stana Kimball, Mobility Division, 

Wireless Telecommunications Bureau, 

202–418–1306, TTY 202–418–7233. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2013–02372 appearing on page 23151 in 

the Federal Register of Thursday, April 

18, 2013 (78 FR 23150), the following 

corrections are made. 

List of Subjects in 47 CFR Part 0 

Organization and functions 

(Government agencies). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Accordingly, 47 CFR part 0 is 

corrected by making the following 

correcting amendments: 

PART 0—COMMISSION 

ORGANIZATION 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: Secs. 5,48 Stat. 1068, as 

amended; 47 U.S.C. 155. 

■ 2. Section 0.131 is amended by 

revising paragraph (j) and adding 

paragraph (s) to read as follows: 

§ 0.131 Functions of the Bureau. 

* * * * * 

(j) Administers the Commission’s 

commercial radio operator program 

(part 13 of this chapter); the 

Commission’s program for registration, 

construction, marking and lighting of 

antenna structures (part 17 of this 

chapter), and the Commission’s 

privatized ship radio inspection 

program (part 80 of this chapter). 

* * * * * 

(s)(1) Extends the Communications 

Act Safety Radiotelephony Certificate 

for a period of up to 90 days beyond the 

specified expiration date. 

(2) Grants emergency exemption 

requests, extensions or waivers of 

inspection to ships in accordance with 

applicable provisions of the 

Communications Act, the Safety 

Convention, the Great Lakes Agreement 

or the Commission’s rules. 

[FR Doc. 2013–12723 Filed 5–28–13; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15 

[ET Docket No. 04–37 and 03–104; FCC 13– 

53] 

Broadband Over Power Lines 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document addressed a 

petition for reconsideration filed by the 

national association for Amateur Radio, 

formally known as the American Radio 

Relay League (ARRL). ARRL seeks 

reconsideration of the Commission’s 

Second Report and Order in this 

proceeding relating to Access 

Broadband over Power Line (Access 

BPL) systems. The Commission 

concludes that its previous decisions in 

this proceeding strike an appropriate 

balance between the dual objectives of 

providing for Access BPL technology— 

which has potential applications for 

broadband and Smart Grid uses—while 

protecting incumbent radio services 

against harmful interference. 

DATES: Effective June 28, 2013. 

FOR FURTHER INFORMATION CONTACT: Anh 

Wride, Office of Engineering and 

Technology, 202–418–0577, 

Anh.Wride@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Memorandum Opinion and Order, ET 

Docket No. 04–37 and 03–104, FCC 13– 

53, adopted April 16, 2013 and released 

April 17, 2013. The full text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Center 

(Room CY–A257), 445 12th Street SW., 


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