12568 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 15, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Reporting and 

recordkeeping requirements, Ozone, and 

Volatile organic compounds. 

Dated: February 27, 2007. 

Steve Rothblatt, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart YY—Wisconsin 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(115) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(115) On April 25, 2006, Wisconsin 

submitted source specific SIP revision 

to revise its State Implementation Plan 

(SIP) for the control of volatile organic 

compounds (VOC) from synthetic resin 

manufacturing operations. The revision 

consists of language contained in an 

Administrative Decision (AM–05–200), 

dated February 24, 2005, approving the 

use of a high efficiency thermal oxidizer 

as an equivalent control system or 

approach to meet VOC RACT emission 

control requirements for Cook 

Composites and Polymers Company 

located in Saukville, Wisconsin, in 

Ozaukee County. 

(i) Incorporation by reference. 

(A) The Administrative Decision 

(AM–05–200), dated February 24, 2005, 

issued by the Wisconsin Department of 

Natural Resources, establishes VOC 

RACT for Cook Composites and 

Polymers Company synthetic resin 

manufacturing facility located in 

Saukville, Wisconsin, in Ozaukee 

County. 

[FR Doc. E7–4771 Filed 3–15–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–2007–0135; FRL–8287–8] 

Vermont: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of Vermont has 

applied to EPA for final authorization of 

certain 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. 

DATES: This final authorization will 

become effective on May 15, 2007 

unless EPA receives adverse written 

comment by April 16, 2007. If 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 immediate effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01–

RCRA–2007–0135, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: leitch.sharon@epa.gov 

• Fax: (617) 918–0647, to the 

attention of Sharon Leitch 

• Mail: Sharon Leitch, Hazardous 

Waste Unit, EPA Region 1, One 

Congress Street, Suite 1100 (CHW), 

Boston, MA 02114–2023 

• Hand Delivery or Courier: Deliver 

your comments to: Sharon Leitch, 

Hazardous Waste Unit, Office of 

Ecosystem Protection, EPA Region 1, 

One Congress Street, 11th Floor, (CHW), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Identify your comments 

as relating to Docket ID No. EPA–R01–

RCRA–2007–0135. EPA’s policy is that 

all comments received will be included 

in the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or claimed to be other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or e-mail. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–R01–RCRA–2007–0135. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although it may be listed in the index, 

some information might not be publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the following two locations: 

aves\rules.xml(i) EPA Region 1 Library, 

One Congress Street–11th Floor, Boston, 

MA 02114–2023; by appointment only; 

tel: (617) 918–1990; and (ii) Agency of 

Natural Resources, 103 South Main 

Street–West Office Building, Waterbury, 

Vermont, 05671–0404; Business Hours: 

7:45 AM to 4:30 PM, Monday through 

Friday; tel: (802) 241–3888. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Leitch, Hazardous Waste Unit, 

EPA Region 1, One Congress Street, 

Suite 1100 (CHW), Boston, MA 02114–


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2023, telephone number: (617) 918–

1647; fax number: (617) 918–0647, email address: leitch.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from 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 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 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 have concluded that Vermont’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Vermont 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Vermont has responsibility 

for permitting Treatment, Storage, and 

Disposal Facilities (TSDFs) within its 

borders and for carrying out the aspects 

of the RCRA program covered by 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 any such 

requirements and prohibitions in 

Vermont, 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 Vermont 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. Vermont 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but EPA 

also retains its full authority under 

RCRA sections 3007, 3008, 3013, and 

7003, which includes, among others, 

authority to: 

• Perform inspections, and require 

monitoring, tests, analyses or reports 

• Enforce RCRA requirements and 

suspend or revoke permits 

• Take enforcement actions 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Vermont 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? 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect adverse 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 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 

based upon this proposed rule that also 

appears in today’s Federal Register. You 

may not have another opportunity to 

comment. If you want to comment on 

this authorization, you should do so at 

this time. 

If we receive adverse comments that 

oppose only the authorization of a 

particular change to the State hazardous 

waste program, we will withdraw 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. What Has Vermont Previously Been 

Authorized for? 

The State of Vermont initially 

received final authorization on January 

7, 1985, with an effective date of 

January 21, 1985 (50 FR 775) to 

implement the RCRA hazardous waste 

management program. The Region 

published an immediate final rule for 

certain revisions to Vermont’s program 

on May 3, 1993 (58 FR 26242) and 

reopened the comment period for these 

revisions on June 7, 1993 (58 FR 31911). 

This authorization became effective 

August 6, 1993 (58 FR 31911). The 

Region granted authorization for further 

revisions to Vermont’s program on 

September 24, 1999 (64 FR 51702), 

effective November 23, 1999. On 

October 18, 1999 (64 FR 46174) the 

Region published a correction to the 

immediate final rule that was published 

on September 24, 1999. The Region 

granted authorization for further 

revisions to Vermont’s program on 

October 26, 2000, effective December 

26, 2000 (65 FR 64164). That Federal 

Register also made a technical 

correction. On June 23, 2005 (70 FR 

36350) the Region published an 

immediate final rule for additional 

revisions to Vermont’s program. This 

authorization became effective on 

August 22, 2005. 

G. What Changes Are We Authorizing 

With Today’s Action? 

On January 31, 2007, Vermont 

submitted a final complete program 

revision application, seeking 

authorization for their changes in 

accordance with 40 CFR 271.21. In 

particular, Vermont is seeking 

authorization for updated State 

regulations addressing federal 

requirements added from July 1, 2003 

through June 30, 2005, plus federal 

manifest rule changes, and the federal 

dyes and pigments listing, which took 

effect after June 30, 2005. Vermont is 

also seeking authorization for various 

changes it recently has made to its base 

program regulations. Finally, Vermont is 

seeking authorization for an additional 

extension of the special regulations 

governing the New England 

Universities’ Laboratories XL project. 

We are now making an immediate 

final decision, subject to reconsideration 

only if we receive written comments 

that oppose this action, that Vermont’s 

hazardous waste program revisions 

satisfy all of the requirements necessary 

to qualify for final authorization. 

Therefore, we grant Vermont final 

authorization for the following program 

changes. First, we are authorizing State 

regulations that track federal regulations 

adopted since July 1, 2003, as follows 

(the Federal Citation is followed by the 

analog from chapter 7 of the Vermont 

Environmental Protection Rules 

(Hazardous Waste Management 

Regulations), effective October 15, 

2006): Federal: Recycled Used Oil 

Management Standards-Revisions [68 

FR 44659, 7/30/03] (Checklist 203)—

State: 7–805(d) and sections 7–809(c)(1) 


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and (c)(2)(A) through (C); Federal: 

National Environmental Performance 

Track Program and Corrections [69 FR 

21737, 4/22/04, and 69 FR 62217, 

10/25/04] (Checklist 204)—State: 7–

308(b)(2)(D); Federal: Nonwastewaters 

from Dyes and Pigments and 

Corrections [70 FR 9138, 2/24/05 and 70 

FR 35032, 6/16/05] (Checklist 206)—

State: 7–106, Appendix I , Appendix II, 

and Appendix IX; and, Federal: Uniform 

Hazardous Waste Manifest Rule and 

Corrections [70 FR 10776, 3/4/05 and 70 

FR 35034, 6/16/05] (Checklist 207)—

State: 7–103; 7–109(b)(3); 7–203(j); 7–

203(j)(1)(B) and (C); 7–309(b)(1)(C); 7–

309(b)(8); 7–504(e)(1); 7–510(c)(1); 7–

702(a)(1); 7–702(b)(3); 7–702(b)(3)(A) 

and (B); 7–703(a); 7–703(b)(6) and (7); 

7–704(a); 7–704(b); 7–704(b)(1), ( 2), (3), 

(6) and (7); 7–704(c), (d) and (f); 7–

704(g)(1); 7–704(g)(1)(A), (B) and (C); 7–

704(g)(2), (3), and (4); 7–704(h); 7–

704(h)(1) through (7); 7–705(b)(7)(C) and 

(E); 7–705(c)(1) and (3); 7–706(b)(3), (4), 

and (5); and, Appendix V. 

In addition to the regulations listed 

above, there are various previously 

authorized State program regulations to 

which the State has made changes. The 

EPA is also authorizing these changes. 

These changes are as follows: Federal: 

40 CFR part 260–279—State: (general 

update to incorporation by reference) 7–

109(a); Federal: Regulation of materials 

used in a manner constituting disposal, 

40 CFR 261.2(c)(1)(i)—State: Revised 

and clarified, 7–204(a)(2)(A); Federal: 

Regulation of materials burned for 

energy recovery, 40 CFR 261.2(c)(2)(i)—

State: Revised and clarified, 7–

204(a)(2)(B); Federal: Exemption for 

certain commercial chemical products 

applied to the land, 40 CFR 

261.2(c)(1)(ii)—State: Added and 

clarified, 7–204(k); Federal: Exemptions 

for commercial chemical products being 

reclaimed, 40 CFR 261.2(c)(3) and for 

certain commercial chemical products 

burned as fuels, 261.2(c)(2)(ii)—State: 

Added and clarified, 7–204(l); Federal: 

the definition of used oil, 40 CFR 

279.1—State: Revised and clarified, 7–

103 and 7–802; Federal: Generator 

requirements, 40 CFR 262.34—State: 

Revised and clarified the generator 

change in status notification 

requirement, 7–104(c); Federal: Marking 

requirements, 40 CFR 262.32 reflecting 

the hazardous waste determination at 

262.11—State: Clarification, 7–202; 

Federal: Exemption for certain 

petroleum contaminated media and 

debris, 261.4(b)(10)—State: Clarified 

and more stringent, 7–203(p) and added 

definition of media, 7–103; Federal: 

Representative sampling methods, 40 

CFR 261 Appendix I—State: 

Incorporation by reference, 7–219(c); 

Federal: Generator manifest 

requirements, 40 CFR 262.20—State: 

Clarification, 7–304(c); Federal, 

generator emergency response, 40 CFR 

262.34(a)(4), incorporating 40 CFR part 

265, Subpart D, and 40 CFR 262.34(d)—

State: Clarification, 7–307(c)(10), 7–

308(b)(2)(D), and 7–308(b)(11); Federal: 

Generator tank system closure, 40 CFR 

262.34(a)(1)(ii), incorporating 40 CFR 

part 265, subpart J—State: Revised 7–

309(c); Federal, transporter transfer 

facility requirements, 40 CFR 263.12—

State, added and more stringent, 7–404–

(c)(3); Federal: State authorization for 

consolidation of CESQG waste at certain 

small and large quantity generators, 

261.5(g)(3)(iii)—State: Clarification, 7–

502(q); and, additional requirements 

regarding 40 CFR parts 260–279—State: 

Allowance for the State to impose 

additional requirements on a case by 

case basis, 7–512. Note: Depending 

upon the nature of the requirements, the 

additional requirements may be more 

stringent than the federal program or 

they may be broader in scope. 

The State has also made changes to its 

previously authorized Project XL 

regulations. The EPA is also authorizing 

these changes. These changes are as 

follows: Federal: Extension of the 

Project XL Site-specific Rulemaking for 

University Laboratories, 40 CFR 

262.108—State: 7–109(c); Federal: 

Project XL requirements, 40 CFR 

262.100–262.107—State: revised and 

clarified, 7–109(c). The Vermont Project 

XL regulations were originally 

authorized by the EPA and became part 

of the Federally enforceable VT RCRA 

program on October 26, 2000. See 65 FR 

64164. Specifically, we are now 

authorizing an extension of 

approximately two and a half years to 

April 15, 2009. EPA amended its 

Federal regulations to extend the 

expiration date of the XL Project from 

September 30, 2006 to a new date of 

April 15, 2009. See 71 FR 35547. The 

State has adopted an extension of six 

years to September 30, 2012. The EPA 

is only able to authorize the extension 

for two and a half years at this time, but 

could consider another Federal 

extension should a longer one prove 

necessary. EPA believes an extension is 

appropriate since it has recently 

proposed a national set of alternative 

regulations for academic laboratories 

(see 71 FR 29712, May 23, 2006) and, 

pending promulgation of a national rule, 

the extension will allow the universities 

currently participating in the Labs XL 

Project to continue to build upon the 

successes of the project and not have to 

terminate their participation in the 

Project. The current extension of the 

expiration date also should be 

accompanied by an updated Final 

Project Agreement (FPA) for this XL 

Project. We anticipate that the FPA will 

be updated (for this interstate VermontMassachusetts project) by the time that 

the EPA authorizes the Commonwealth 

of Massachusetts for changes it will be 

making to its hazardous waste program 

regulations. EPA expects that this will 

occur in the spring of 2007. 

The final authorization of new State 

regulations and regulation changes is in 

addition to the previous authorization of 

State regulations, which remain part of 

the authorized program. 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

The most significant differences 

between the State rules being authorized 

and the Federal rules are summarized 

below. It should be noted that this 

summary does not describe every 

difference, or every detail regarding the 

differences that are described. Members 

of the regulated community are advised 

to read the complete regulations to 

ensure that they understand all of the 

requirements with which they will need 

to comply. 

1. More Stringent Provisions 

There are aspects of the Vermont 

program which are more stringent than 

the Federal program. All of these more 

stringent requirements are, or will 

become, part of the Federally 

enforceable RCRA program when 

authorized by the EPA and must be 

complied with in addition to the State 

requirements which track the minimum 

Federal requirements. These more 

stringent requirements include the 

following: (a) There is no State analog 

to the Federal rule at 40 CFR 261.5(j) 

because the State does not exempt 

conditionally exempt small quantity 

generators from the hazardous waste 

regulations; (b) Vermont does not 

include the exclusion for leachate or gas 

condensate generated at non-hazardous 

landfills which is derived from 

previously disposed and newly-listed 

hazardous wastes (40 CFR 261.4(b)(15)) 

in their rules; (c) the State exemption at 

7–203(p) for petroleum contaminated 

media and debris includes additional 

conditions that are not included in the 

Federal exemption at 40 CFR 

261.4(b)(10); (d) Vermont is also more 

stringent by not adopting the following 

optional rule: NESHAPS—Surface 

Coating of Automobiles and Light Duty 

Trucks, Checklist 205; and, (e) the State 

has revised its language regarding 

commercial chemical product fuels in 

7–204(a)(2), (k) and (l). The revised 


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State exemption is equivalent to the 

combination of the Federal exemption 

for commercial chemical product fuels 

being burned for energy recovery and 

the Federal exemption for commercial 

chemical products being reclaimed, in 

40 CFR 261.2(c)(2)(ii) and (c)(3), 

respectively. However, Vermont does 

not have the general exemption for 

commercial chemical products being 

reclaimed, but is adopting the 

exemption for commercial chemical 

products being reclaimed only when 

they are reclaimed to produce fuels, e.g., 

when water is removed from an off-spec 

unused fuel so that it can be burned. 

The State is more stringent in that it 

attaches conditions to the exemption for 

certain commercial chemical products 

burned as fuels. 

2. Partially Broader in Scope Provisions 

There are also aspects of the Vermont 

program which are partially broader in 

scope than the Federal program. The 

portion of the State requirements which 

are broader in scope are not considered 

to be part of the Federally enforceable 

RCRA program. However, they are fully 

enforceable under State law and must be 

complied with by sources in Vermont. 

The various changes Vermont has made 

to its previously authorized base 

program regulations include partially 

broader in scope provisions. These 

provisions involve the State 

requirements for generator closure at 7–

309(c). The State revised their 

requirements for generator closure with 

this update. The requirements are 

partially broader in scope since they 

apply to all generator closures and not 

just to closure of generator tanks 

systems as is the case under the Federal 

program. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

Vermont 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 Vermont 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. EPA will not 

issue any more new permits, or new 

portions of permits, for the provisions 

listed in this notice above after the 

effective date of this authorization. EPA 

will continue to implement and issue 

permits for any HSWA requirements for 

which Vermont is not yet authorized. 

J. What Is Codification and Is EPA 

Codifying Vermont’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 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 

UU for this authorization of Vermont’s 

program until a later date. 

K. Administrative Requirements 

The Office of Management and Budget 

has exempted this action (RCRA State 

Authorization) from the requirements of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 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 authorizes 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). 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), 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 

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 

F.R. 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. 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. 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 nevertheless will be effective 60 

days after it is published, because it is 

an immediate final rule. 

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). 


sroberts on PROD1PC70 with RULES
12572 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

Dated: March 1, 2007. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. E7–4774 Filed 3–15–07; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–37 

[FMR Amendment 2007–02; FMR Case 

2007–102–1; Docket 2007–001; Sequence 1] 

RIN 3090–AI30 

Federal Management Regulation; FMR 

Case 2007–102–1, Donation of Surplus 

Personal Property—Historic Light 

Stations 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

incorporating the provisions in Public 

Law 109–313 regarding donations to 

historic light stations. 

DATES: Effective Date: April 16, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Office of 

Travel, Transportation, and Asset 

Management (MT), at (202) 501–3828, or 

e-mail at Robert.Holcombe@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat, Room 4035, GS Building, 

Washington, DC, 20405, (202) 501–4755. 

Please cite FMR Amendment 2007–02, 

FMR Case 2007–102–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Public Law 109–313, known as the 

General Services Administration 

Modernization Act, revised certain 

provisions of title 40 U.S.C. 549. This 

final rule reflects the changes made by 

Public Law 109–313. 

B. Executive Order 12866 

The General Services Administration 

(GSA) has determined that this final 

rule is not a significant regulatory action 

for the purposes of Executive Order 

12866. 

C. Regulatory Flexibility Act 

This final rule is not required to be 

published in the Federal Register for 

comment. Therefore, the Regulatory 

Flexibility Act does not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FMR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is exempt from 

Congressional review under 5 U.S.C. 

801 since it relates solely to agency 

management and personnel. 

List of Subjects in 41 CFR Part 102–37 

Government property management, 

Surplus government property. 

Dated: January 3, 2007. 

Lurita Doan, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, GSA amends 41 CFR part 

102–37 as set forth below: 

PART 102–37—DONATION OF 

SURPLUS PERSONAL PROPERTY 

■ 1. The authority citation for 41 CFR 

part 102–37 continues to read as 

follows: 

Authority: 40 U.S.C. 549 and 121(c). 

■ 2. Amend § 102–37.380 by adding 

paragraph (b)(17) to read as follows: 

§ 102–37.380 What is the statutory 

authority for donation of surplus Federal 

property made under this subpart? 

* * * * * 

(b) * * * 

(17) Historic light stations as defined 

under section 308(e)(2) of the National 

Historic Preservation Act (16 U.S.C. 

470w–7(e)(2)), including a historic light 

station conveyed under subsection (b) of 

that section, notwithstanding the 

number of hours that the historic light 

station is open to the public. 

* * * * * 

■ 3. Amend Appendix C to part 102–37 

by alphabetically adding the definition 

‘‘Historic light station’’ to read as 

follows: 

Appendix C to Part 102–37—Glossary 

of Terms for Determining Eligibility of 

Public Agencies and Nonprofit 

Organizations 

* * * * * 

Historic light station means a historic 

light station as defined under section 

308(e)(2) of the National Historic 

Preservation Act 16 U.S.C. 470w–7(e)2), 

including a historic light station 

conveyed under subsection (b) of that 

section, notwithstanding the number of 

hours that the historic light station is 

open to the public. 

* * * * * 

[FR Doc. E7–4845 Filed 3–15–07; 8:45 am] 

BILLING CODE 6820–14–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060314069–6069–01; I.D. 

031307A] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Elephant Trunk Scallop Access Area to 

General Category Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Elephant Trunk Scallop Access Area 

(ETAA) will close to general category 

scallop vessels until it re-opens on 

March 1, 2008. This action is based on 

the determination that 865 general 

category scallop trips into the ETAA are 

projected to be taken as of 0001 hr local 

time, March 15, 2007. This action is 

being taken to prevent the allocation of 

general category trips in the ETAA from 

being exceeded during the 2007 fishing 

year, in accordance with the regulations 

implementing Framework 18 to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the ETAA to all 

general category scallop vessels is 

effective 0001 hr local time, March 15, 

2007, through February 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Silva, Fishery Management 

Specialist, (978) 281–9326, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the Sea Scallop Access Areas are found 

at §§ 648.59 and 648.60. Regulations 

specifically governing general category 

scallop vessel operations in the ETAA 

are specified at ’ 648.59(e)(4)(ii). These 

regulations authorize vessels issued a 

valid general category scallop permit to 

fish in the ETAA under specific 

conditions, including a cap of 865 trips 

that may be taken by general category 


sroberts on PROD1PC70 with RULES