53220 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

ozone standard. In addition, pursuant to 

CAA section 181(b)(2)(A) EPA is 

determining that the Greater 

Connecticut 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone NAAQS by its 

applicable attainment date (June 15, 

2010). 

IV. Statutory and Executive Order 

Reviews 

These actions make a determination 

of attainment based on air quality, and 

result in the suspension of certain 

Federal requirements, and would not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, these actions do not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

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 these actions 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. 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). 

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 November 1, 

2010. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 19, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ Part 52 of chapter I, 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 H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph (f) to read as follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(f) Determination of Attainment. 

Effective September 30, 2010, EPA is 

determining that the Greater 

Connecticut 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard. Under the 

provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), this determination suspends 

the reasonable further progress and 

attainment demonstration requirements 

of section 182(b)(1) and related 

requirements of section 172(c)(9) of the 

Clean Air Act for as long as the area 

does not monitor any violations of the 

1997 8-hour ozone standard. If a 

violation of the 1997 ozone NAAQS is 

monitored in the Greater Connecticut 8- 

hour ozone nonattainment area, this 

determination shall no longer apply. 

In addition, this area met its June 15, 

2010 attainment deadline for the 1997 

ozone standard. 

[FR Doc. 2010–21677 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R01–RCRA–2010–0676; FRL–9193–1] 

Adequacy of New Hampshire Municipal 

Solid Waste Landfill Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This action approves a 

modification to New Hampshire’s 

approved municipal solid waste landfill 

(MSWLF) program. The approved 

modification allows the State to issue 

Research, Development, and 

Demonstration (RD&D) Permits to 

owners and operators of MSWLF in 

accordance with its State law. On March 

22, 2004, EPA issued final regulations 

allowing research, development, and 

demonstration (RD&D) permits to be 

issued to certain municipal solid waste 

landfills by approved states. On June 28, 

2010 New Hampshire submitted an 

application to EPA Region 1 seeking 

Federal approval of its RD&D 

requirements. After thorough review 

EPA Region 1 is determining that New 

Hampshire’s RD&D permit requirements 

are adequate through this direct final 

action. 

DATES: This determination of RD&D 

program adequacy for New Hampshire 

will become effective November 29, 

2010 without further notice unless EPA 


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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53221 

receives adverse comments on or before 

November 1, 2010. If adverse comments 

are received, EPA will review the 

comments and publish another Federal 

Register document responding to the 

comments and either affirming or 

revising the initial decision. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

RCRA–2010–0676, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: hsieh.juiyu@epa.gov. 

• Fax: (617) 918–0646, to the 

attention of Juiyu Hsieh. 

• Mail: Juiyu Hsieh, RCRA Waste 

Management Section, Office of Site 

Remediation and Restoration (OSRR 07– 

01), EPA New England—Region 1, 5 

Post Office Square, Suite 100, Boston, 

MA 02109–3912. 

• Hand Delivery or Courier: Deliver 

your comments to Juiyu Hsieh, RCRA 

Waste Management Section, Office of 

Site Remediation and Restoration 

(OSRR 07–01), EPA New England— 

Region 1, 5 Post Office Square, 7th floor, 

Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Office’s normal hours of operation. 

Instructions: Identify your comments 

as relating to Docket ID No. EPA–R01– 

RCRA–2010–0676. EPA’s policy is that 

all comments received will be included 

in the public docket without change and 

may be made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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–2010–0676. All 

documents in the docket are listed on 

the http://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 http:// 

www.regulations.gov or in hard copy at 

the EPA Region 1 Library, 5 Post Office 

Square, 1st floor, Boston, MA 02109– 

3912; by appointment only; tel: (617) 

918–1990. 

FOR FURTHER INFORMATION CONTACT: 

Juiyu Hsieh, Remediation and 

Restoration II Branch (Mail Code 

OSRR07–1), U.S. EPA Region 1, 5 Post 

Office Square, Suite 100, Boston, MA 

02109, telephone: (617) 918–1646, 

hsieh.juiyu@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On March 22, 2004, EPA issued a 

final rule amending the municipal solid 

waste landfill criteria in 40 CFR part 

258 to allow for research, development 

and demonstration (RD&D) permits (69 

FR 13242). This rule allows for 

variances from specified criteria for a 

limited period of time, to be 

implemented through state-issued 

RD&D permits. RD&D permits are 

available only in states with approved 

MSWLF permit programs that have been 

modified to incorporate RD&D permit 

authority. While States are not required 

to seek approval to allow permits under 

this new provision, those States that are 

interested in providing RD&D permits to 

owners and operators of MSWLFs must 

seek approval from EPA before issuing 

such permits. Approval procedures for 

new provisions of 40 CFR part 258 are 

outlined in 40 CFR 239.12. 

New Hampshire’s MSWLF permit 

program was approved on February 14, 

1995 (60 FR 8384). On June 28, 2010, 

New Hampshire applied for approval of 

its RD&D permit provisions which are 

included in the New Hampshire 

amended regulations under Solid Waste 

Rule ENV–Sw 806.05. 

B. Decision 

After a thorough review, EPA is 

determining that the New Hampshire 

RD&D permit provisions as set out in 

Solid Waste Rule ENV–Sw 806.05 are 

adequate to comply with the Federal 

criteria as set out in 40 CFR 258.4. The 

State regulations regarding RD&D 

permits incorporate by reference all of 

the requirements of 40 CFR 258.4, while 

specifying particular requirements 

which are either equivalent to or more 

stringent than the requirements of 40 

CFR 258.4. 

C. Statutory and Executive Order 

Reviews 

This action approves State solid waste 

requirements pursuant to Resource 

Conversation and Recovery Act (RCRA) 

Section 4005 and imposes no Federal 

requirements. Therefore, this rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866: Regulatory 

Planning Review—The Office of 

Management and Budget has exempted 

this action from its review under 

Executive Order 12866; 

2. Paperwork Reduction Act: This 

action does not impose an information 

collection burden under the Paperwork 

Reduction Act; 

3. Regulatory Flexibility Act: Since 

this action will not add any 

requirements not already imposed 

under State law, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities; 

4. Unfunded Mandates Reform Act: 

Because this action approves preexisting requirement 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; 

5. Executive Order 13132: 

Federalism—Executive Order 13132 

does not apply to this action because 

this action will not have federalism 

implications (i.e., there are no 

substantial direct effects on States, on 

the relationship between the national 

government and States, or on the 

distribution of power and 

responsibilities between Federal and 

State governments); 

6. Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments—Executive 

Order 13175 does not apply to this 


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53222 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

action because it will not have Tribal 

implications (i.e., there are no 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes); 

7. Executive Order 13045: Protection 

of Children from Environmental Health 

and Safety Risks—This action is not 

subject to Executive Order 13045 

because it is not economically 

significant and it is not based on health 

or safety risks; 

8. Executive Order 13211: Actions 

That Significantly Affect Energy Supply, 

Distribution, or Use—This action is not 

subject to Executive Order 13211 

because it is not a significant regulatory 

action as defined in Executive Order 

12866; 

9. National Technology Transfer 

Advancement Act: This provision 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impracticable. Voluntary consensus 

standards are technical standards (e.g., 

material specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards and 

bodies. EPA approves State programs so 

long as the State programs adequately 

meet the criteria set out in 40 CFR part 

258. 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 the 40 CFR part 258 criteria. 

Thus, the National Technology Transfer 

Advancement Act does not apply to this 

action; 

10. Congressional Review Act: EPA 

will submit a report containing this 

action and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) 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. 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 258 

Reporting and recordkeeping 

requirements, Waste treatment disposal, 

Water pollution control. 

Authority: This action is issued under the 

authority of section 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

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

Dated: August 16, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England, Region 1. 

[FR Doc. 2010–21117 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–R04–SFUND–2010–0502; FRL–9194– 

3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 4 is publishing 

this direct final Notice of Deletion for 

the Powersville Site Superfund Site 

(Site), located in Peach County, Georgia, 

from the National Priorities List (NPL) 

and requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Georgia, through the Georgia 

Environmental Protection Division 

(GAEPD), have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and Five Year Reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This direct final deletion is 

effective November 1, 2010 unless EPA 

receives adverse comments by 

September 30, 2010. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No., EPA–R04– 

SFUND–2010–0502, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Web site: http://www.epa.gov/ 

region4/waste/sf/enforce.htm. 

• E-mail: farrier.brian@epa.gov. 

• Fax: (404) 562–8896, Attention: 

Brian Farrier. 

• Mail: Brian Farrier, Remedial 

Project Manager, Superfund Remedial 

Section C, Superfund Remedial Branch, 

Superfund Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. 

Hand Delivery: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID no. EPA–R04–SFUND–2010– 

0502. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

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 e-mail. The 

http://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 http:// 

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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 


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