37988 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is 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 CAA; and 

• Does 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it 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 this action 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 31, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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: June 18, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Z—Mississippi 

■ 2. Section 52.1270(e) is amended by 

adding a new entry for ‘‘2011 Base Year 

Emissions Inventory for the Mississippi 

portion of the Memphis, TN–MS–AR 

2008 Ozone NAAQS Nonattainment 

Area’’ at the end of the table to read as 

follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic or nonattainment 

area 

State submittal 

date/effective 

date 

EPA Approval date Explanation 

*******

2011 Base Year Emissions Inventory for 

the Mississippi portion of the Memphis, 

TN–MS–AR 2008 Ozone NAAQS Nonattainment Area.

DeSoto County portion of Memphis, TN– 

AR–MS 2008 8-hour Ozone Nonattainment Area.

1/14/2015 7/02/2015 [Insert citation of publication].

[FR Doc. 2015–16080 Filed 7–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 257 

[EPA–HQ–RCRA–2015–0331; FRL–9928–44– 

OSWER] 

RIN–2050–AE81 

Technical Amendments to the 

Hazardous and Solid Waste 

Management System; Disposal of Coal 

Combustion Residuals From Electric 

Utilities—Correction of the Effective 

Date 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is taking 

action to amend the final rule regulating 

the disposal of coal combustion 

residuals (CCR) as solid waste under 

subtitle D of the Resource Conservation 

and Recovery Act (RCRA). After 

publication in the Federal Register, 

inconsistencies resulting from 

typographical errors established two 

different effective dates in the regulatory 

text for the final CCR rule. This action 

corrects these inconsistencies and 

revises the Code of Federal Regulations 

(CFR) so that it accurately reflects the 

statutory effective date of six months 


asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37989 

from the publication date of the rule, 

coinciding with a date of October 19, 

2015. Consistent with Federal 

requirements, the EPA is also correcting 

dates for certain provisions that fall on 

January 18, 2016, which is a Federal 

holiday, to the next succeeding Federal 

business day, which is January 19, 2016. 

DATES: This final rule is effective on 

October 19, 2015. Effective July 2, 2015, 

the effective date of the final CCR rule 

published on April 17, 2015 at 80 FR 

21302 is corrected from October 14, 

2015 to October 19, 2015. 

ADDRESSES: The EPA has established a 

docket for this regulatory action under 

Docket ID No. EPA–HQ–RCRA–2015– 

0331. All documents in this docket are 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in http:// 

www.regulations.gov or in hard copy at 

the OSWER Docket, EPA/DC, WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC 20460. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OSWER 

Docket is 202–566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

contact Steve Souders, Materials 

Recovery and Waste Management 

Division, Office of Resource 

Conservation and Recovery (MC 5304 

P), U.S. Environmental Protection 

Agency, telephone number: (703) 308– 

8431; fax number: (703) 605–0595; 

email address: souders.steve@epa.gov. 

For more information on this 

rulemaking please visit: http://

www.epa.gov/epawaste/nonhaz/

industrial/special/fossil/index.htm. 

SUPPLEMENTARY INFORMATION: 

The Contents of This Preamble Are 

Listed in the Following Outline 

I. General Information 

II. Statutory Authority 

III. Corrections Made to the Regulatory Text 

Regarding the Effective Date 

IV. Statutory and Executive Order Reviews 

I. General Information 

A. Does this action apply to me? 

This rule applies to all coal 

combustion residuals (CCR) generated 

by electric utilities and independent 

power producers that fall within the 

North American Industry Classification 

System (NAICS) code 221112 and may 

affect the following entities: Electric 

utility facilities and independent power 

producers that fall under the NAICS 

code 221112. The industry sector(s) 

identified above may not be exhaustive; 

other types of entities not listed could 

also be affected. The Agency’s aim is to 

provide a guide for readers regarding 

those entities that potentially could be 

affected by this action. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

B. Why are these amendments being 

issued as a final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedures are 

impracticable, unnecessary or contrary 

to the public interest, the Agency may 

issue a final rule without providing 

notice and an opportunity for public 

comment. Similarly, section 553(d) 

authorizes an Agency to establish an 

effective date for a rule that is sooner 

than 30 days from its publication, ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ 

This final rule only revises the CFR to 

be consistent with the requirements in 

RCRA section 4004(c) and the Office of 

the Federal Register (OFR) regulation at 

1 U.S.C. 18.17(b). The EPA is issuing 

this rule solely to ensure that the CFR 

accurately reflects the date by which, 

under current law, the provisions of the 

rule become effective. Consequently, the 

EPA has determined that there is good 

cause for making the technical 

amendments in this final rule without 

prior proposal and opportunity for 

comment, because notice and public 

comment would be unnecessary. For the 

same reasons, the EPA has concluded 

that good cause exists for making the 

corrections in this final rule effective 

July 2, 2015. 

1. Different Effective Dates 

After publication in the Federal 

Register, inconsistencies resulting from 

typographical errors established two 

different effective dates for the final 

CCR rule, one that accurately reflects 

the statutory effective date, and a 

second, inaccurate date (80 FR 21302, 

April 17, 2015). This action corrects 

these inconsistencies in the CFR, so that 

it accurately reflects the effective date 

under RCRA section 4004(c) of six 

months from the publication date of the 

rule, i.e., October 19, 2015. 

Section 4004 (c) of RCRA generally 

establishes a six month effective date for 

rules issued under subtitle D, providing 

that ‘‘the prohibition contained in 

subsection (b) shall take effect on the 

date six months after the date of 

promulgation of regulations under 

subsection (a).’’ 42 U.S.C. 6944(c). In 

other words, RCRA requires that six 

months after promulgation of a rule 

under section 4004(a), solid waste can 

only be managed in a manner that 

complies with the requirements of the 

rule. 

Under RCRA, promulgation of a rule 

occurs upon signature and publication 

in the Federal Register. Horsehead 

Resource Development Co, Inc., v. EPA, 

130 F.3d 1090, 1094–1095 (D.C. Cir. 

1997) (‘‘We hold . . . at least in the 

absence of a contrary agency regulation, 

‘‘promulgation’’ as used in section 

[7006(a)(1) of RCRA] means the date of 

Federal Register publication.’’). Thus by 

operation of law, the requirements in 

the final CCR rule go into effect six 

months from the date of its publication 

in the Federal Register, or October 19, 

2015. Based on the rule published in the 

Federal Register (80 FR 21302, April 17, 

2015), the CFR inaccurately reflects the 

current date by which facilities must be 

in compliance with certain 

requirements. This action merely 

corrects the CFR to accurately reflect 

these existing legal obligations; it does 

not alter or affect them in any way, but 

merely ensures that the public will not 

be confused by inaccuracies. The EPA 

has therefore determined that further 

public comment on this action is 

unnecessary and that good cause exists 

for making the corrections in this final 

rule without prior publication or public 

comment. 

2. Inconsistency With Other Federal 

Regulations 

The EPA is also correcting dates for 

certain provisions that fall on January 

18, 2016, which is a Federal holiday. 

According to 1 CFR 18.07(b), ‘‘where the 

final count would fall on a Saturday, 

Sunday, or holiday, the date certain will 

be the next succeeding Federal business 

day.’’ To be consistent with 1 CFR 

18.07(b), that date needs to be revised to 

the next Federal business day, or 

January 19, 2016. Based on the final 

CCR rule published in Federal Register 

(80 FR 21302), the CFR inaccurately 

reflects the current date by which 


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37990 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

facilities must be in compliance with 

these requirements. This action merely 

corrects the CFR to ensure that the 

public will not be confused. The EPA 

has therefore determined that further 

public comment on this action is 

unnecessary and that good cause exists 

for making the corrections in this final 

rule without prior publication or public 

comment. 

II. Statutory Authority 

This regulation is established under 

the authority of sections 1008(a), 

2002(a), 3001, 4004, and 4005(a) of the 

Solid Waste Disposal Act of 1970, as 

amended by the Resource Conservation 

and Recovery Act of 1976, as amended 

by the Hazardous and Solid Waste 

Amendments of 1984 (HSWA), 42 

U.S.C. 6906(b), 6907(a), 6912(a), 6944 

and 6945(a). 

III. Corrections Made to the Regulatory 

Text Regarding the Effective Date 

In drafting the final CCR rule, the 

Agency used the following two 

bracketed ‘‘instructions’’ when referring 

to the effective date of the CCR rule: (1) 

[INSERT DATE 180 DAYS AFTER THE 

DATE OF PUBLICATION IN THE 

Federal Register]; and (2) [INSERT 

DATE SIX MONTHS AFTER THE DATE 

OF PUBLICATION IN THE Federal 

Register]. These ‘‘instructions’’ 

provided direction to the OFR for 

computing and inserting a specified 

date, in this case, the effective date of 

the rule. 

On April 17, 2015, the CCR rule was 

published in the Federal Register (80 

FR 21302). After publication, the EPA 

discovered that the two ‘‘instructions’’ 

used to calculate the effective date had 

resulted in the computing and inserting 

of two different effective dates, rather 

than single effective date established 

under RCRA 4004(c). The first 

‘‘instruction’’ used in the CCR rule for 

the effective date exactly mirrored the 

statutory language, i.e., [INSERT DATE 

6 MONTHS AFTER DATE OF 

PUBLICATION IN THE Federal 

Register], which resulted in a date of 

October 19, 2015. By contrast, the 

second ‘‘instruction,’’ paraphrased the 

statute, i.e., [INSERT DATE 180 DAYS 

AFTER THE DATE OF PUBLICATION 

IN THE Federal Register], which 

resulted in a date of October 14, 2015. 

In order to correct this error, the EPA is 

issuing this final rule to revise the CFR 

so that it accurately reflects the existing 

effective date for the CCR rule 

established by RCRA section 4004 (c), 

i.e., October 19, 2015, which is 

consistent with the ‘‘instruction’’ of: 

[INSERT DATE SIX MONTHS AFTER 

THE DATE OF PUBLICATION IN THE 

Federal Register]. 

In addition at § 257.83(b)(3) and 

§ 257.84(b)(3)(i) (Inspection 

requirements for CCR surface 

impoundments and CCR landfills 

respectively) the instructions for 

calculating and inserting dates in these 

two sections of the CCR rule were: 

[INSERT DATE NINE MONTHS AFTER 

THE DATE OF PUBLICATION IN THE 

Federal Register]. After publication, the 

EPA discovered that the computed and 

inserted date for these provisions was 

January 18, 2016, which is a Federal 

holiday. According to 1 CFR 18.07(b) 

‘‘where the final count would fall on a 

Saturday, Sunday, or holiday, the date 

certain will be the next succeeding 

Federal business day when a date falls 

on a weekend or a Federal holiday, the 

[Office of Federal Register] uses the next 

Federal business day.’’ To be consistent 

with 1 CFR 18.07(b), that date needs to 

be revised to the next Federal business 

day, or January 19, 2016. Based on the 

rule published in the Federal Register, 

the CFR inaccurately reflects the current 

date by which facilities must be in 

compliance with these requirements. 

In order to aid the public, the 

following table identifies those sections 

of the rule which contained particular 

dates that the EPA is correcting in this 

action, as well as those sections where 

no correction is needed. The first 

column of the following table identifies 

those sections of the CCR rule where the 

date of October 14, 2015 was inserted. 

These sections of the rule are being 

corrected in this final rule to establish 

the correct date of October 19, 2015. The 

second column of the table identifies 

those rule provisions where the date of 

January 18, 2016, a Federal holiday, was 

inserted. These sections of the rule are 

being corrected to establish the correct 

date of January 19, 2016. The third 

column of the table identifies those 

sections of the regulatory text where the 

correct effective date of October 19, 

2015 was inserted. These sections will 

not be changed. 

Rule provisions with an October 14, 2015 effective date that will be changed to October 19, 

2015 

Rule provisions with a date of January 18, 

2016 that will be changed to January 19, 

2016 

Rule provisions with the correct October 19, 

2015 effective date 

Regulatory cite Regulatory cite Regulatory cite 

§ 257.53 (Definitions) ‘‘active facility’’ or ‘‘active 

electric utilities or independent power producers’’ ‘‘existing CCR landfill’’ ‘‘existing CCR 

surface impoundment’’ ‘‘inactive CCR surface 

impoundment’’ ‘‘lateral expansion’’ ‘‘new CCR 

landfill’’ ‘‘new CCR surface impoundment’’.

§ 257.83(b)(3) (Inspection requirements for 

CCR surface impoundments).

§ 257.50(d) and (e) (Scope and purpose). 

§ 257.84(b)(3)(i) (Inspection requirements for 

CCR landfills).

§ 257.51 (Effective date of this subpart). 

§ 257.80(b)(5) (Air criteria). 

§ 257.83(a)(2) (Inspection requirements for 

CCR surface impoundments). 

§ 257.84(a)(2) (Inspection requirements for 

CCR landfills). 

§ 257.91(d)(2) (Multiunit groundwater monitoring systems). 

§ 257.101(a)(1) (Closure of unlined impoundments). 

In addition to the inconsistencies in 

the regulatory text, the preamble to the 

final CCR rule also contained several 

incorrect effective dates: (1) 80 FR 

21302: The DATES section in the 

preamble states that the effective date of 

the rule is October 14, 2015 (180 days 

from the publication date) instead of the 

correct date of October 19, 2015; and (2) 

80 FR 21467: EPA included a sentence 

in the Congressional Review Act 

Executive Order stating that the CCR 


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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37991 

rule ‘‘will be effective 180 days after 

publication in the Federal Register’’ 

which equates to October 14, 2015, 

instead of stating that the CCR rule ‘‘will 

be effective six months after publication 

in the Federal Register’’ which equates 

to October 19, 2015. While the Agency 

is not correcting the CCR rule preamble 

language, it is presenting these 

additional inconsistencies to provide 

the reader with a complete accounting 

of the error. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action is not a significant 

regulatory action and does not impose 

an information collection burden under 

the PRA. The changes made to the 

regulations as a result of this action 

impose no new or different reporting 

requirements on regulated parties. 

C. Regulatory Flexibility Act 

This action does not modify existing 

legal requirements applicable to any 

entity. As such, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

corrects a typographical error that 

resulted in the calculation of an 

incorrect effective date in some sections 

of the regulation. This action merely 

corrects that error so that the CFR will 

reflect the existing effective date for the 

CCR rule of October 19, 2015, 

established by section 4004 (c) of RCRA. 

This action also corrects the dates in 

two provisions of the CCR rule, which, 

as published, fall on a Federal holiday. 

This action corrects the error and 

revises the CFR to reflect that, 

consistent with 1 CFR 18.07(b), the 

correct the date for these two provisions 

is the next Federal business day after 

the holiday or January 19, 2016. The 

impacts on small businesses were 

already addressed in the rule 

promulgated on April 17, 2015 (80 FR 

21302); and this rule will not impose 

any requirements on small entities 

beyond those that have previously been 

analyzed. We have therefore concluded 

that this action will have no net 

regulatory burden for small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action implements 

mandates specifically and explicitly set 

forth in the Resource Conservation and 

Recovery Act without the exercise of 

any policy discretion by the EPA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This action merely 

corrects typographical errors that 

resulted in the calculation of an 

incorrect effective date in some sections 

of the CCR rule. Thus Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets E.O. 13045 as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because does not establish an 

environmental standard intended to 

mitigate health or safety risks. This 

action merely corrects typographical 

errors that resulted in the calculation of 

incorrect effective dates in some 

sections of the CFR. 

H. Executive Order 13211: Actions 

Concerning Regulations 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 under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This rule merely corrects errors in 

dates and does not concern an 

environmental health or safety risk. 

Therefore, Executive Order 12898 does 

not apply. 

K. Congressional Review Act 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by U.S.C. 804(2). 

List of Subjects in 40 CFR Part 257 

Environmental protection, Beneficial 

use, Coal combustion products, Coal 

combustion residuals, Coal combustion 

waste, Disposal, Hazardous waste, 

Landfill, Surface impoundment. 

Dated: June 16, 2015. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 257—CRITERIA FOR 

CLASSIFICATION OF SOLID WASTE 

DISPOSAL FACILITIES AND 

PRACTICES 

■ 1. The authority citation for part 257 

continues to read as follows: 

Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 

6944(a); 33 U.S.C. 1345(d) and (e). 

■ 2. Section 257.53 is amended by 

revising the definitions of ‘‘Active 

facility or active electric utilities or 

independent power producers’’, 

‘‘Existing CCR landfill’’, ‘‘Existing CCR 

surface impoundment’’, ‘‘Inactive CCR 

surface impoundment’’, ‘‘Lateral 

expansion’’, ‘‘New CCR landfill’’, and 

‘‘New CCR surface impoundment’’ to 

read as follows: 


asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
37992 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 

§ 257.53 Definitions. 

* * * * * 

Active facility or active electric 

utilities or independent power 

producers means any facility subject to 

the requirements of this subpart that is 

in operation on October 19, 2015. An 

electric utility or independent power 

producer is in operation if it is 

generating electricity that is provided to 

electric power transmission systems or 

to electric power distribution systems 

on or after October 19, 2015. An off-site 

disposal facility is in operation if it is 

accepting or managing CCR on or after 

October 19, 2015. 

* * * * * 

Existing CCR landfill means a CCR 

landfill that receives CCR both before 

and after October 19, 2015, or for which 

construction commenced prior to 

October 19, 2015 and receives CCR on 

or after October 19, 2015. A CCR landfill 

has commenced construction if the 

owner or operator has obtained the 

federal, state, and local approvals or 

permits necessary to begin physical 

construction and a continuous on-site, 

physical construction program had 

begun prior to October 19, 2015. 

Existing CCR surface impoundment 

means a CCR surface impoundment that 

receives CCR both before and after 

October 19, 2015, or for which 

construction commenced prior to 

October 19, 2015 and receives CCR on 

or after October 19, 2015. A CCR surface 

impoundment has commenced 

construction if the owner or operator 

has obtained the federal, state, and local 

approvals or permits necessary to begin 

physical construction and a continuous 

on-site, physical construction program 

had begun prior to October 19, 2015. 

* * * * * 

Inactive CCR surface impoundment 

means a CCR surface impoundment that 

no longer receives CCR on or after 

October 19, 2015 and still contains both 

CCR and liquids on or after October 19, 

2015. 

* * * * * 

Lateral expansion means a horizontal 

expansion of the waste boundaries of an 

existing CCR landfill or existing CCR 

surface impoundment made after 

October 19, 2015. 

* * * * * 

New CCR landfill means a CCR 

landfill or lateral expansion of a CCR 

landfill that first receives CCR or 

commences construction after October 

19, 2015. A new CCR landfill has 

commenced construction if the owner or 

operator has obtained the federal, state, 

and local approvals or permits 

necessary to begin physical construction 

and a continuous on-site, physical 

construction program had begun after 

October 19, 2015. Overfills are also 

considered new CCR landfills. 

New CCR surface impoundment 

means a CCR surface impoundment or 

lateral expansion of an existing or new 

CCR surface impoundment that first 

receives CCR or commences 

construction after October 19, 2015. A 

new CCR surface impoundment has 

commenced construction if the owner or 

operator has obtained the federal, state, 

and local approvals or permits 

necessary to begin physical construction 

and a continuous on-site, physical 

construction program had begun after 

October 19, 2015. 

* * * * * 

■ 3. Section 257.83 is amended by 

revising paragraph (b)(3)(i) to read as 

follows: 

§ 257.83 Inspection requirements for CCR 

surface impoundments. 

* * * * * 

(b) * * * 

(3) * * * (i) Existing CCR surface 

impoundments. The owner or operator 

of the CCR unit must complete the 

initial inspection required by 

paragraphs (b)(1) and (2) of this section 

no later than January 19, 2016. 

* * * * * 

■ 4. Section 257.84 is amended by 

revising paragraph (b)(3)(i) to read as 

follows: 

§ 257.84 Inspection requirements for CCR 

landfills. 

* * * * * 

(b) * * * 

(3) * * * (i) Existing CCR landfills. 

The owner or operator of the CCR unit 

must complete the initial inspection 

required by paragraphs (b)(1) and (2) of 

this section no later than January 19, 

2016. 

* * * * * 

[FR Doc. 2015–15913 Filed 7–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[EPA–HQ–RCRA–2005–0018; FRL–9929–93– 

OSWER] 

Transboundary Shipments of 

Hazardous Wastes Between OECD 

Member Countries: Revisions to the 

List of OECD Member Countries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is amending certain existing regulations 

that apply to the transboundary 

movement of hazardous waste among 

the Organization for Economic 

Cooperation and Development (OECD) 

Member countries as promulgated under 

the hazardous waste provisions of the 

Resource Conservation and Recovery 

Act (RCRA). Specifically, EPA is 

updating the list of OECD member 

countries to add Estonia, Israel, and 

Slovenia. This amendment is necessary 

to accurately reflect the change in OECD 

Member countries that have 

implemented OECD Decision 

C(2001)107 and can trade hazardous 

wastes for recovery operations with 

other OECD countries under the 

procedure set forth in that Decision. 

DATES: This final rule is effective on July 

2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2005–0018. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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, 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 EPA Docket Center, EPA/DC, WJC 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the RCRA 

Docket is (202) 566–0270. 

FOR FURTHER INFORMATION CONTACT: 

Karen Swetland, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue 

NW., Washington, DC, 20460, Phone: 

703–308–8421; or by email: 

swetland.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to all persons who 

export or import hazardous waste, 

export or import universal waste, or 

export spent lead-acid batteries destined 

for recovery operations in OECD 

Member countries, except for Mexico 


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