Federal Register/Vol. 63, No. 183 / Tuesday, September 22, 1998 / Rules and Regulations

mandate upon a State, local or tribal

government, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by those governments. If

the mandate is unfunded, EPA must

provide to the Office of Management

and Budget a description of the extent

of EPA's prior consultation with

representatives of affected State, local

and tribal governments, the nature of

their concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local and tribal

governments "to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates."

This rule does not create a mandate

on State, local or tribal governments.

The rule does not impose any

enforceable duties on these entities.

Accordingly, the requirements of

section 1(a) of Executive Order 12875 do

not apply to this rule.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business Indian lands,

Hazardous materials transportation,

Hazardous waste, Indian lands relations,

Intergovernmental information,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

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).

W.B. Hathaway,

A ctin g Regional Administrator, Region 6.

[FR Doc. 98 25200 Filed 9 21 98; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL-6165-3]

Washington: Final Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Response to comment and final

rule.

SUMMARY: On July 7, 1998, the EPA

published a proposed rule (63 FR

36652) and an immediate final rule (63

FR 36587) to approve a revision to the

State of Washington hazardous waste

management program which would give

the program jurisdiction over "non-trust

lands" within the exterior boundaries of

the Puyallup Indian reservation located

in Tacoma, Washington. The EPA stated

in the immediate final rule that if the

Agency received adverse written

comment it would publish a notice

withdrawing the immediate final rule

before its effective date, and then would

address comments in a final rule based

on the proposed rule. Because EPA

received an adverse comment, the

Agency withdrew the immediate final

rule in a withdrawal notice published

on August 21, 1998 in the Federal

Register (63 FR 44795). The EPA has

reviewed and analyzed the concerns

raised by the comment, and now issues

this final rule. After consideration of

these concerns, EPA is approving the

State of Washington authorization

revision to include non-trust lands

within the 1873 Survey Area as part of

its approved program.

DATES: This final rule will become

effective on October 22, 1998.

FOR FURTHER INFORMATION CONTACT:

Nina Kocourek, U.S. Environmental

Protection Agency, Region 10, 1200

Sixth Avenue, WCM-122, Seattle, WA

98101, Telephone: (206) 553-6502.

SUPPLEMENTARY INFORMATION:

A. Background

The State of Washington seeks

revision of its authorized program to

include "non-trust lands" within the

exterior boundaries of the Puyallup

Indian reservation (hereafter referred to

as the "1873 Survey Area" or "Survey

Area") pursuant to a settlement

agreement finalized in 1988 and ratified

by Congress in 1989, which allows

Washington to seek authorization under

federal environmental laws for such

lands after consultation and

communication with the Puyallup

Tribe. The revision requested by

Washington in its current application is

not a result of a change to EPA's rules

or regulations, nor is it a result of

changes to Washington's rules and

regulations. Rather, Washington's

application for revision results from the

unique agreements between

Washington, the United States and the

Puyallup Tribe of Indians. A complete

discussion of the background of the

matter addressed by this final rule can

be found in the immediate final rule

located in the final rules section of the

July 7, 1998 (63 FR 36587) Federal

Register.

B. Comment Regarding the Immediate

Final Decision

Reichhold Chemical, Inc. (Reichhold),

which has an EPA-issued RCRA

corrective action permit for it's Tacoma

facility, commented that its permit and

the corrective action process should not

be subjected to the jurisdictional

uncertainties that it believes would

result if EPA authorizes the revisions to

the Washington program. Reichhold

wrote that it is negotiating with the

Puyallup Tribe of Indians (the Tribe)

and Puyallup International, Inc.

concerning the acquisition and/or longterm lease of all or a portion of the

Reichhold property. Reichhold is

concerned that transferring jurisdiction

authority to the State for Reichhold's

permit will cause delays and

uncertainty should the Tribe acquire a

fee or leasehold interest in the land.

Reichhold did not specify what it

considers to be "jurisdictional

uncertainties." They claim that EPA's

authorization of the Washington

program will further delay Reichhold's

ability to make the property available to

the Tribe or any other suitable user for

productive use consistent with the

RCRA program and public health and

safety. Reichhold requested that EPA

withdraw its approval until the issues of

jurisdiction over the Tribe's activities on

Reichhold's property are resolved.

The EPA has reviewed the issues

raised by Reichhold, and does not find

sufficient merit to its objection to

withhold approval of this authorization

revision. Reichhold did not dispute that

the State has the authority to implement

the hazardous waste program on nontrust lands pursuant to the agreement

and did not assert the state program fails

to meet the statutory criteria of being

equivalent and consistent, and

providing adequate enforcement. The

information Reichhold provided did not

address how "jurisdictional

uncertainties" will interfere with

Washington's ability to properly

administer the hazardous waste

management program at the Reichhold

facility in Tacoma.

The EPA, the State of Washington and

the Puyallup Tribe already have

established a process for working

together to address issues of jurisdiction

under the Settlement Agreement. As

part of the process to revise the

Washington authorization, EPA, the

Tribe, and Washington consulted on

implementation of the programs in a

cooperative fashion, and EPA expects

that the cooperation established in the

Settlement Agreement and other

agreements will continue to provide

avenues for addressing issues that arise

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50532 Federal Register/Vol. 63, No. 183/Tuesday, September 22, 1998/Rules and Regulations

in a timely and efficient manner.

Specifically, the State and EPA

developed an addendum to its

Memorandum of Agreement (May 1998),

which includes an agreed upon

implementation strategy for how the

EPA and Ecology will share information

and communicate all jurisdictional

changes within the 1873 Survey Area.

In addition, the approval in today's

document specifically addresses an

aspect of Reichhold's concerns by

clarifying that the revised program does

not extend to Indian or Indian activities

within the 1873 Survey Area. EPA will

retain jurisdiction over trust lands and

over Indians and Indian activities on

non-trust lands within the Survey Area.

Should Reichhold transfer ownership of

all or a portion of the facility to the

Tribe, EPA and Washington, in

consultation with the Tribe, will

address any effects in accordance with

the May 1998, State and EPA

Memorandum of Agreement

Addendum.

C. Today's Action

EPA is today taking final action to

grant final authorization revising the

State of Washington's hazardous waste

program to include non-trust lands

within the 1873 Survey Area of the

Puyallup Indian Reservation, but

limiting the authorization so that the

revised program does not extend to

Indian or Indian activities within the

1873 Survey Area.

Washington will implement the

revised authorized program in the same

manner that the program is

implemented elsewhere in the State.

This includes all aspects of the

authorized State program such as waste

designation requirements; generator,

transporter, and recycling requirements;

treatment, storage and disposal (TSD)

facility requirements; all permitting

procedures; corrective action

requirements; and compliance

monitoring, and enforcement

procedures. EPA will continue to

implement and enforce Hazardous and

Solid Waste Amendments of 1984

(HSWA) provisions for which the State

is not authorized.

All permits issued by U.S. EPA

Region 10 on non-trust lands within the

1873 Survey Area prior to final

authorization of this revision will

continue to be administered by U.S.

EPA Region 10 until the issuance or

reissuance after modification of a State

RCRA permit. Upon the effective date of

the issuance, or reissuance after

modification to incorporate authorized

State requirements, of a State RCRA

permit, those EPA-issued permit

provisions which the State is authorized

to administer and enforce will expire.

HSWA provisions for which the State is

not authorized will continue in effect

under the EPA-issued permit.

I conclude that Washington's

application for a program revision meets

all of the statutory and regulatory

requirements established by RCRA.

Accordingly, Washington is granted

Final Authorization to operate its

hazardous waste program as revised for

the non-trust lands within the 1873

Survey Area except over Indians and

Indian activities within the 1873 Survey

Area. Washington now has

responsibility for carrying out the

aspects of the RCRA program described

in its revised program application,

subject to the limitations of the HSWA

and excluding from its revised program

authority over Indians or Indian

activities within the 1873 Survey Area.

Washington also has primary

enforcement responsibilities for the

non-trust lands within the 1873 Survey

Area except over Indians and Indian

activities within the 1873 Survey Area.

EPA will retain jurisdiction over trust

lands and over Indians and Indian

activities on non-trust lands within the

Survey Area. EPA retains the right to

conduct inspections under section 3007

of RCRA, 42 U.S.C. 6927, and to take

enforcement actions under sections

3008, 3013 and 7003 of RCRA, 42 U.S.C.

sections 6928, 6934 and 6973.

D. Codification in Part 272

The EPA uses 40 CFR part 272 for

codification of the decision to authorize

Washington's program and for

incorporation by reference of those

provisions of the State's authorized

statutes and regulations EPA will

enforce under sections 3008, 3013 and

7003 of RCRA. Therefore, EPA is

reserving amendment of 40 CFR part

272, subpart WW, until a later date.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104-4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on state, local,

and tribal governments and the private

sector. Under sections 202 and 205 of

the UMRA, EPA generally must prepare

a written statement of economic and

regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, that

may result in expenditures to State,

local, and tribal governments, in the

aggregate or to the private sector of $100

million or more in any one year. The

section 202 and 205 requirements do

not apply to today's action because this

rule does not contain a Federal mandate

that may result in annual expenditures

of $100 million or more for State, local

and/or tribal governments in the

aggregate, or the private sector. Further,

as it applies to the State, this action

does not impose a Federal

intergovernmental mandate because

UMRA does not include duties arising

from participation in a voluntary federal

program. Today's rule effects an

administrative change by authorizing

the State to implement its hazardous

waste program in lieu of the Federal

RCRA program for the non-trust lands

within the 1873 Survey Area except

over Indians and Indian activities

within the 1873 Survey Area. To the

extent that the State's hazardous waste

program is more stringent than the

Federal program, any new requirements

imposed on the regulated community

apply by virtue of state law, not because

of any new Federal requirement

imposed pursuant to today's rule.

The requirements of section 203 of

UMRA also do not apply today's action.

Before EPA establishes any regulatory

requirements that may significantly or

uniquely affect small governments,

including tribal governments, section

203 of the UMRA requires EPA to

develop a small government agency

plan. This rule contains no regulatory

requirements that might significantly or

uniquely affect small governments.

F. Certification Under the Regulatory

Flexibility Act

Pursuant to the Regulatory Flexibility

Act (5 U.S.C. 601, et seq., as amended

by the Small Business Regulatory

Enforcement Fairness Act of 1996),

whenever an agency is required to

publish a notice of proposed rulemaking

under the Administrative Procedure Act

or any other statute, it must prepare and

make available for public comment a

regulatory flexibility analysis that

describes the effect of the rule on small

entities (i.e., small businesses, small

organizations, and small governmental

jurisdictions). This analysis is not

required, however, if the agency's

administrator certifies that the rule will

not have a significant economic impact

on a substantial number of small

entities.

The EPA has determined that this rule

will not have a significant economic

impact on a substantial number of small

entities. Today's rule does not impose

any federal requirements on regulated

entities, whether large or small. Instead,

today's rule effects an administrative

change by authorizing the State to

implement its hazardous waste program

in lieu of the Federal RCRA program for

the non-trust lands within the 1873

Survey Area except over Indians and

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Federal Register/Vol. 63, No. 183 / Tuesday, September 22, 1998 / Rules and Regulations

Indian activities within the 1873 Survey

Area. Today's rule carries out Congress'

intent under both RCRA and the

Settlement Act that states should be

authorized to implement their own

hazardous waste programs as long as

those programs are equivalent to, and no

less stringent than, the Federal

hazardous waste program. In this case,

to the extent that the State's hazardous

waste program is more stringent than

the Federal program, any new

requirements imposed on the regulated

community apply by virtue of state law,

not because of any new Federal

requirement imposed pursuant to

today's rule.

Pursuant to the provision at 5 U.S.C.

605(b), the Agency hereby certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities. This rule,

therefore, does not require a regulatory

flexibility analysis.

G. Submission to Congress and the

Comptroller General

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 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 today's

Federal Register. This rule is not a "major rule" as defined by 5 U.S.C.

804(2).

H. Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of section 6 of Executive

Order 12866.

I. Compliance With Executive Order

12875: Enhancing Intergovernmental

Partnerships

Under Executive Order 12875, EPA

may not issue a regulation that is not

required by statute and that creates a

mandate upon a State, local or tribal

government, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by those governments. If

the mandate is unfunded, EPA must

provide to the Office of Management

and Budget a description of the extent

of EPA's prior consultation with

representatives of affected State, local

and tribal governments, the nature of

their concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local and tribal

governments "to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates."

Today's rule does not impose a mandate

upon a State, local or Tribal

government.

Today's rule effects an administrative

change by authorizing the State to

implement its hazardous waste program

in lieu of the Federal RCRA program for

the non-trust lands within the 1873

Survey Area except over Indians and

Indian activities within the Area. As

such, the final rule is not subject to the

requirements of Executive Order 12875.

J. Compliance With Executive Order

13045

Executive Order 13045 applies to any

rule that the Office of Management and

Budget determines is "economically

significant," as defined under Executive

Order 12866, and where EPA

determines the environment health or

safety risk addressed by the rule has a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The Agency has determined that the

final rule is not a covered regulatory

action as defined in the Executive Order

because it is not economically

significant and is not a health or safety

risk-based determination. Today's rule

effects an administrative change by

authorizing the State to implement its

hazardous waste program in lieu of the

Federal RCRA program for the non-trust

lands within the 1873 Survey Area

except over Indians and Indian

activities within the 1873 Survey Area.

As such, the final rule is not subject to

the requirements of Executive Order

13045.

K Executive Order 13084: Consultation

and Coordination with Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to the

Office of Management and Budget, in a

separately identified section of the

preamble to the rule, a description of

the extent of EPA's prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected and

other representatives of Indian tribal

governments "to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities."

Today's rule does not significantly or

uniquely affect the communities of

Indian tribal governments. The rule

specifically grants Washington Final

Authorization to operate its hazardous

waste program as revised for the nontrust lands within the 1873 Survey Area

except over Indians and Indian

activities within the 1873 Survey Area.

EPA will retain jurisdiction over trust

lands and over Indians and Indian

activities on non-trust lands within the

Survey Area. Accordingly, the

requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

L. Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501, et seq., Federal agencies

must consider the paperwork burden

imposed by any information request

contained in a proposed rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

M. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 ("NTTAA"), Pub. L. No.

104-113, section 12(d)(15 U.S.C. 272),

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

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50534 Federal Register/Vol. 63, No. 183/Tuesday, September 22, 1998/Rules and Regulations

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

standards.

List of Subjects in 40 CFR Part 27

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

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. sections 6912(a), 6926,

6974(b).

Dated: September 10, 1998.

Chuck Clarke,

Regional Administrator, Region 10.

[FR Doc. 98 25321 Filed 9 21 98; 8:45 am]

BILLING CODE 6560-50-P

FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 510, 514, 540,

572, 585, 587 and 588

[Docket No. 98-09]

Update of Existing and Addition of

New Filing and Service Fees

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

SUMMARY: The Federal Maritime

Commission ("Commission") is revising

its existing fees for filing petitions and

complaints; various public information

services, such as record searches,

document copying, and admissions to

practice; filing freight forwarder

applications; various ATFI-related

services; passenger vessel performance

and casualty certificate applications;

and agreements. These revised fees

reflect current costs to the Commission.

In addition, the Commission adds three

new fees for the publication of the

Regulated Persons Index ("RPI") on

diskette; the application to amend a

passenger vessel operator's Certification

of Financial Responsibility for

Indemnification of Passengers for

Nonperformance of Transportation and

Certification of Financial Responsibility

to Meet Liability Incurred for Death or

Injury to Passengers or Other Persons on

Voyages ("Certificates") for the addition

or substitution of a vessel to the

applicant's fleet; and the agency's

review of corrections of clerical errors in

service contracts, as requested by parties

to a service contract.

EFFECTIVE DATE: November 2, 1998

FOR FURTHER INFORMATION CONTACT:

Sandra L. Kusumoto, Director, Bureau of

Administration, Federal Maritime

Commission, 800 North Capitol Street,

NW, Washington, D.C. 20573-0001,

(202) 523-5866, E-mail:

sandrak @fmc.gov.

SUPPLEMENTARY INFORMATION: On July 1,

1998, the Commission published in the

Federal Register a Notice of Proposed

Rulemaking ("NPR" or "Proposed

Rule") in Docket No. 98-09, Update of

Existing and A ddition of New Filing and

Services Fees, 63 FR 35896. No

comments were received.

This rule updates the Commission's

current filing and service fees which

have been in effect since 1995, and are

no longer representative of the

Commission's actual costs for providing

such services. Fee increases primarily

reflect increases in salary and indirect

(overhead) costs. For some services, the

increase in processing or review time

accounts for the increase in the level of

proposed fees.

The Commission is eliminating

several fees. Fees associated with the

provision of subscription services will

be discontinued because of diminished

public demand for them and because

most of the information can be found on

the Internet, the Commission's website,

or requested from the Office of the

Secretary on an ad hoc basis. Some fees

associated with ATFI Subscriber Tapes

have been eliminated in accordance

with Docket No. 95-13, Automated

Tariff Filing and Inform ation System (60

FR 56122, November 7, 1995).

The Commission is instituting three

new user fees for: The provision of the

RPI on diskette, the issuance of Pub. L.

89-777 Certificates to add or substitute

a vessel to the applicant's fleet, and the

agency's review of corrections of clerical

errors in service contracts, as requested

by parties to a service contract under 46

CFR 514.7(k)(2). Provisions of parts 585,

587, and 588 are amended to clarify that

fees governing the filing of petitions are

applicable.

The Commission intends to update its

fees biennially in keeping with OMB

guidance. In updating its fees, the

Commission will incorporate changes in

the salaries of its employees into direct

labor costs associated with its services,

and recalculate its indirect costs

(overhead) based on current level of

costs.

This regulatory action was not subject

to OMB review under Executive Order

12866, dated September 30, 1993. It is

not a major rule under 5 U.S.C. 804(2).

In accordance with the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., the

Chairman of the Federal Maritime

Commission has certified to the Chief

Counsel for Advocacy, Small Business

Administration, that the rule will not

have a significant economic impact on

a substantial number of small entities.

In the NPR, the Commission stated its

intention to certify this rulemaking

because it is required to collect fees

from the general public to recover the

cost of providing certain, specific

services; the proposed increases are

generally de minimis; and in addition,

its regulations provide for waiver of fees

for those entities that can make the

required showing of undue hardship (46

CFR 503.41). No comments were

received in this proceeding. Therefore,

based on the lack of comments, the de

minimis nature of the increase, and the

statutory requirement that the fees be

collected, the certification is continued.

This Rule does not contain any

collection of information requirements

as defined by the Paperwork Reduction

Act of 1980, as amended. Therefore,

OMB review is not required.

List of Subjects

46 CFR Part 502

Administrative practice and

procedure, Claims, Equal Access to

Justice, Investigations, Lawyers, and

Reporting and record keeping

requirements.

46 CFR Part 503

Classified information, Freedom of

Information, Privacy, and Sunshine Act.

46 CFR Part 510

Freight forwarders, Maritime carriers,

Reporting and record keeping

requirements, and Surety bonds.

46 CFR Part 514

Freight, Harbors, Maritime carriers,

and Reporting and record keeping

requirements.

46 CFR Part 540

Insurance, Maritime carriers,

Penalties, Reporting and record keeping

requirements, and Surety bonds.

46 CFR Part 572

Administrative practice and

procedure, Freight, Maritime carriers,

and Reporting and record keeping

requirements.

46 CFR Part 585

Administrative practice and

procedure, Maritime carriers.

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