35660 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 

methyl-N-nitro-4H-1,3,5-oxadiazin-4- 

imine) and its metabolite CGA-322704 

[N-(2-chloro-thiazol-5-ylmethyl)-N’- 

methyl-N’-nitro-guanidine], in or on 

onion, dry bulb at 0.03 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

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

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

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

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII.Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 14, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.565 is amended by 

alphabetically adding the following 

commodity to the table in paragraph (a) 

to read as follows: 

§ 180.565 Thiamethoxam; tolerances for 

residues. 

(a) *** 

Commodity Parts per million 

*****

Onion, dry bulb 0.03 

*****

* * * * * 

[FR Doc. 2010–15035 Filed 6–22–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–2010–0468; FRL–9165–8] 

Massachusetts: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Commonwealth of 

Massachusetts 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 August 23, 2010 

unless EPA receives adverse written 

comment by July 23, 2010. 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–2010–0468, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: biscaia.robin@epa.gov. 

• Fax: (617) 918–0642, to the 

attention of Robin Biscaia. 

• Mail: Robin Biscaia, RCRA Waste 

Management Section, Office of Site 

Remediation and Restoration (OSRR 07– 


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1), EPA New England—Region 1, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. 

• Hand Delivery or Courier: Deliver 

your comments to: Robin Biscaia, RCRA 

Waste Management Section, Office of 

Site Remediation and Restoration 

(OSRR 07–1), EPA New England— 

Region 1, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 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–2010–0468. 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/dockets/index.htm. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–R01–RCRA–2010–0468. 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: (i) 

Massachusetts Department of 

Environmental Protection, Business 

Compliance Division, One Winter 

Street—8th Floor, Boston, MA 02108, 

business hours Monday through Friday 

9 a.m. to 5 p.m., tel: (617) 556–1096; 

and (ii) EPA Region I Library, 5 Post 

Office Square, 1st Floor, Boston, MA 

02109–3912, by appointment only, (617) 

918–1990. 

FOR FURTHER INFORMATION CONTACT: 

Robin Biscaia, Hazardous Waste Unit, 

RCRA Waste Management Section, 

Office of Site Remediation and 

Restoration (OSRR 07–1), EPA New 

England—Region 1, 5 Post Office 

Square, Suite 100, Boston, MA 02109– 

3912; telephone number: (617) 918– 

1642; fax number: (617) 918–0642, email address: biscaia.robin@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 

Massachusetts’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

grant Massachusetts final authorization 

to operate its hazardous waste program 

with the changes described in the 

authorization application. The 

Massachusetts Department of 

Environmental Protection (MassDEP) 

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 Massachusetts, 

including issuing permits, until the 

State is granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in Massachusetts 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. 

Massachusetts 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 Massachusetts 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 this 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 


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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 Massachusetts previously 

been authorized for? 

The Commonwealth of Massachusetts 

initially received Final Authorization on 

January 24, 1985, effective February 7, 

1985 (50 FR 3344), to implement its 

base hazardous waste management 

program. This authorized base program 

generally tracked Federal hazardous 

waste requirements through July 1, 

1984. In addition, the EPA previously 

has authorized particular Massachusetts 

regulations which address several of the 

EPA requirements adopted after July 1, 

1984. Specifically, on September 30, 

1998, the EPA authorized Massachusetts 

to administer the Satellite 

Accumulation rule, effective November 

30, 1998 (63 FR 52180). Also, on 

October 12, 1999, the EPA authorized 

Massachusetts to administer the 

Toxicity Characteristics rule (except 

with respect to Cathode Ray Tubes), and 

the Universal Waste rule, effective 

immediately (64 FR 55153). On 

November 15, 2000, the EPA granted 

interim authorization for Massachusetts 

to regulate Cathode Ray Tubes under the 

Toxicity Characteristics rule through 

January 1, 2003, effective immediately 

(65 FR 68915). This interim 

authorization subsequently was 

extended to run through January 1, 2006 

(67 FR 66338, October 31, 2002) which 

was then further extended until January 

1, 2011 (70 FR 69900, November 18, 

2005). On March 12, 2004, EPA 

authorized the State for updates to its 

hazardous waste program which 

generally track Federal requirements 

through the July 1, 1990 edition of Title 

40 of the Code of Federal Regulations 

(and in some cases beyond), with 

respect to definitions and miscellaneous 

provisions, provisions for the 

identification and listing of hazardous 

wastes and standards for hazardous 

waste generators; it also approved a 

State-specific modification to the 

Federal hazardous waste regulations 

regarding recyclable materials under an 

ECOS flexibility project; and finally it 

approved Massachusetts site-specific 

regulations developed under the Project 

XL, New England Universities 

Laboratories XL Project (69 FR 11801, 

March 12, 2004), effective immediately. 

On January 31, 2008 EPA authorized 

Massachusetts for revisions to the state’s 

hazardous waste management program 

addressing Federal requirements for 

Corrective Action, Radioactive Mixed 

Waste, and the Hazardous Waste 

Manifest revisions; the authorization 

also addressed various changes the state 

had recently made to its base program 

regulations, including the hazardous 

waste exemption for dredged material 

regulated under the Federal Clean Water 

Act, requirements relating to elementary 

neutralization, an exemption for dental 

amalgam being recycled, a State 

regulation which allows for the waiving 

of state requirements that are more 

stringent than the Federal RCRA 

counterparts, updates to interim status 

facilities requirements and, finally, an 

extension of the special regulations 

governing the New England 

Universities’ Laboratories XL project (73 

FR 5753, January 31, 2008), effective 

March 31, 2008. 

G. What changes are we authorizing 

with this action? 

On June 3, 2010, Massachusetts 

submitted a final complete program 

revisions application seeking 

authorization for its changes in 

accordance with 40 CFR 271.21. In 

particular, Massachusetts is seeking 

authorization for the Land Disposal 

Restrictions element of the RCRA 

program. Massachusetts also is seeking 

authorization for other updates and 

revisions to its RCRA program. 

The State’s authorization application 

includes a copy of MassDEP’s 

Hazardous Waste Regulations, effective 

April 16, 2010, checklists comparing the 

Federal and state regulations and an 

Attorney General’s Statement. 

We are now making an immediate 

final decision, subject to reconsideration 

only if we receive written comments 

that oppose this action, that 

Massachusetts’ hazardous waste 

revisions satisfy all of the requirements 

necessary to qualify for final 

authorization. Therefore, we grant 

Massachusetts final authorization for 

the program changes identified below. 

Note, the Federal requirements are 

identified by their rule revision 

checklist (CL) number or by direct 

reference to a Federal regulation, and 

are followed by the corresponding State 

regulatory analogs from the 

Massachusetts Hazardous Waste 

regulations, 310 CMR 30.0000, as in 

effect on April 16, 2010. 

With respect to the Land Disposal 

Restrictions (LDR) element of the RCRA 

program, we are authorizing the 

Massachusetts regulations listed below 

which relate to the Federal Land 

Disposal Restriction LDR rule revision 

checklists or portions thereof identified 

in the Special Consolidated Checklist 

for the LDR rules as of June 30, 1992 as 

well as the Special Consolidated 

Checklist for the Phases I–IV LDRs as of 

December 31, 2002: Federal—CL 34 [51 

FR 40572, November 7, 1986, 52 FR 

21010, June 4, 1987]; CL 39 [52 FR 

25760, July 8, 1987, 52 FR 41295, 

October 27, 1987]; CL 50 [53 FR 31138, 

August 17, 1988, 54 FR 8264, February 

27, 1989]; CL 62 [54 FR 18836, May 2, 

1989]; CL 63 [54 FR 26594, June 23, 

1989]; CL 66 [54 FR 36967, September 

6, 1989, 55 FR 23935, June 13, 1990]; CL 

78 [55 FR 22520, June 1, 1990]; CL 83 

[56 FR 3864, January 31, 1991]; CL 95 

[56 FR 41164, August 19, 1991]; CL 102 

[57 FR 8086, March 6, 1992]; CL 103 [57 

FR 20766, May 15, 1992]; CL 106 [57 FR 

28628, June 26, 1992]; CL 109 [57 FR 

37194, August 18, 1992]; CL 116 [57 FR 

47772, October 20, 1992]; CL 123 [58 FR 

28506, May 14, 1993]; CL 124 [58 FR 

29860, May 24, 1993]; CL 136 [59 FR 

43496, August 24, 1994]; CL 137 [59 FR 

47982, September 19, 1994, 60 FR 242, 

January 3, 1995]; CLs 142A–142E [60 FR 

25492, May 11, 1995]; CL 151 [61 FR 

15566, April 8, 1996, 61 FR 15660, April 

8, 1996, 61 FR 19117, April 30, 1996, 61 

FR 33680, June 28, 1996, 61 FR 36419, 

July 10, 1996, 61 FR 43924, August 26, 

1996, and 62 FR 7502, February 19, 

1997]; CL 155 [62 FR 1992, January 14, 

1997]; CL 157 [62 FR 25998, May 12, 

1997]; Revision CL 159 [62 FR 32974, 

June 17, 1997]; CL 160 [62 FR 37694, 

July 14, 1997]; CL 161 [62 FR 45568, 

August 28, 1997]; CL 162 [62 FR 64504, 

December 5, 1997]; CLs 167A, 167B, 

167C and 167C.1 [63 FR 28556, May 26, 

1998, 63 FR 31266, June 8, 1998]; CL 

169 [63 FR 42110, August 6, 1998; 63 FR 

54356, October 9, 1998]; CL 170 [63 FR 

46332, August 31, 1998]; CL 171 [63 FR 

47410 (September 4, 1998)]; CL 172 [63 

FR 48124, September 9, 1998]; CL 173 

[63 FR 51254, September 24, 1998]; CL 

179 [64 FR 2548, May 11, 1999]; CL 181 

[64 FR 36466, July 6, 1999]; CL 182 [64 

FR 52828, September 30, 1999]; CL 183 

[64 FR 56469, October 20, 1999]; CL 185 

[65 FR 14472, March 17, 2000]; CL 187 

[64 FR 36365, June 8, 2000]; CL 189 [65 

FR 67068, November 8, 2000]; CL 190 

[65 FR 81373, December 26, 2000]; CL 

192B [66 FR 27266, May 16, 2001]; CL 

195 [66 FR 58258, November 20, 2001, 

67 FR 17119, April 9, 2002]; CL 200 [67 

FR 48393, July 24, 2002] and CL 201 [67 

FR 62618, October 7, 2002]: State—310 


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CMR 3.10, 3.14, 30.010 (definitions of 

‘‘containment building,’’ ‘‘debris,’’ 

‘‘hazardous constituent or constituents,’’ 

‘‘hazardous debris,’’ ‘‘land disposal,’’ 

‘‘miscellaneous unit,’’ ‘‘pile,’’ ‘‘PCBs or 

polychlorinated biphenyls’’), 30.002, 

30.003, 30.010 (intro.), 30.012(1), 

30.099(1), 30.099(3), 30.099(6)(a), 

30.099(6)(b), 30.099(6)(c), 30.099(6)(g), 

30.099(6)(h), 30.099(6)(i), 30.099(6)(j), 

30.099(6)(q), 30.099(6)(t), 30.101, 

30.103(1), 30.103(2) with respect to 

Federal wastes, 30.103(3), 

30.104(2)(e)2(a)–(b), 30.104(2)(e)(3), 

30.104(2)(w), 30.104(3)(a), 30.140(1)(f), 

30.106(1), 30.122(1), 30.122(1)(c) and 

(d), 30.122(2), 30.123(2), 30.124(2), 

30.125(2), 30.131 (addition of F039), 

30.133(1)(c), 30.136(1)(c), 30.141(1), 

30.162, 30.231(1) as it relates to 

Federally regulated materials, 30.231(6), 

30.294(2), 30.301(3), 30.302(3)–(5), 

30.302(1)–(5), 30.340(1), 30.340(2), 

30.340(4), 30.341(2), 30.351(1)(b), 

30.351(1)(c), 30.351(1)(d), 30.351(10)(h), 

30.353(1)(b)–(c), 30.353(2), 30.353(3), 

30.353(6)(c), 30.408(2), 30.501(1), 

30.501(2)(h), 30.513(1)(a)–(b), 

30.513(2)(a)5, 30.513(2)(a)6.a.–c., 

30.542(2)(c), 30.542(2)(i)(1)–(3), 

30.542(2)(j)–(o), 30.591, 30.601(1), 

30.602(16), 30.616(1)(a)–(b), 30.628(1), 

30.629(1)–(2), 30.630, 30.630(5), 

30.646(1)(a)–(b), 30.657(1)(a)–(b), 30.700 

(intro.), 30.750(1)(a)–(b), 30.750(1)(c)2, 

30.750(1)(c)3, 30.750(2)(a)–(h), 

30.750(3)(a) Table 1, 30.750(3)(b) Table 

2, 30.750(3)(c) Table 3, 30.750(3)(d)1– 

15, 30.804(28), 30.804(5), 30.829, 30.852 

Table (B.1.b, B.1.c and H.1), 

30.901(1)(a), 30.903, 30.905, 30.1103(2). 

Because Massachusetts has not yet 

adopted certain waste listings that were 

promulgated under the authority of the 

Hazardous and Solid Waste 

Amendments (HSWA), we are not 

authorizing the Commonwealth for 

Land Disposal Restrictions related to 

these wastes at this time. As such, EPA 

will retain authority over the following 

hazardous waste listings until the State 

adopts and is granted authorization in a 

future rulemaking: F032 (Wood 

Preserving Wastes); K141, K142, K143, 

K144, K145, K147, and K148 (Coke ByProduct Wastes); K156, K157, K158, 

K159, K161, P127, P128, P185, P188, 

P189, P190, P191, P192, P194, P196, 

P197, P198, P199, P201, P202, P203, 

P204, P205, U271, U278, U279, U280, 

U364, U367, U372, U373, U387, U389, 

U394, U395, U404, U409, U410, and 

U411 (Carbamate Wastes); K169, K170, 

K171 and K172 (Petroleum Refining 

Wastes); K174 and K175 (Organic 

Chemicals); and, K176 and K177 

(Inorganic Chemicals). Regulated 

entities in Massachusetts will need to 

comply with the LDR requirements for 

these wastes, but it is the Federal rather 

than the State LDR requirements that 

will continue to apply. 

We also are authorizing the following 

other updates and revisions to the 

Massachusetts RCRA program: Federal: 

CL 3—Interim Status Standards 

Applicability [48 FR 52718–52720, 

November 22, 1983]—State: 30.099(1); 

Federal: CL 10—Interim Status 

Standards Applicability [49 FR 46094– 

46095, November 21, 1984]—State: 

30.099(1); Federal: CL 15—Interim 

Status Standards for Treatment, Storage, 

and Disposal Facilities [50 FR 16044– 

16048, April 23, 1985]—State: 

30.099(6)(b)8, 30.099(6)(g), 30.099(6)(i), 

30.099(6)(j), and 30.630; Federal: 

interim status facility requirements at 40 

CFR part 265—State: editorial change at 

30.099(4)(b); Federal: requirements 

under subpart N, Landfills, 40 CFR 

265.300 to 265.316—State: editorial 

change at 30.099(6)(j); Federal: interim 

status requirements under subpart O, 

Incinerators, 40 CFR 265.340 to 

265.352—State: updated incorporation 

of Federal requirements by reference at 

30.099(6)(k); Federal: interim status 

requirements under subpart P, Thermal 

Treatment, 40 CFR 265.370 to 265.383— 

State: updated incorporation of Federal 

requirements by reference at 

30.099(6)(l); Federal: interim status 

requirements under subpart Q, 

Chemical, Physical and Biological 

Treatment, 40 CFR 265.400 to 265.406— 

State: updated incorporation of Federal 

requirements by reference at 

30.099(6)(m); Federal: interim status 

requirements under subpart AA, Air 

Emission Standards for Process Vents, 

40 CFR 265.1030 to 265. 1035—State: 

updated incorporation of Federal 

requirements by reference at 

30.099(6)(o); Federal: interim status 

requirements under subpart BB—Air 

Emission Standards for Equipment 

Leaks, 40 CFR 265.1050 to 265.1064— 

State: updated incorporation of Federal 

requirements by reference at 

30.099(6)(p); Federal: requirements 

relating to subpart S, 40 CFR 264.552 

(Corrective Action Management Units), 

§ 264.553 (Temporary Units), and 

§ 264.554 (Staging Piles)—State: 

specification that interim status 

facilities are subject to such additional 

requirements at 30.099(6)(s); Federal: 

subpart CC, Air Emission Standards for 

Tanks, Surface Impoundments and 

Containers, at interim status facilities, 

40 CFR 265.1080 to 265.1090—State: 

30.099(6)(u); Federal: corrective action 

requirements at 40 CFR 264.101—State: 

updated incorporation of Federal 

regulations by reference at 

30.099(13)(d); Federal: CL 16—Paint 

Filter Test [50 FR 18370–18375, April 

30, 1985]—State: 30.099(6)(a)(1) and (2), 

30.099(6)(j), 30.629(1) and (2), 

30.513(2)(a)5, and 30.542(c) and (g); 

Federal: CL 17A—Small Quantity 

Generators [50 FR 28702, July 15, 

1985]—State: portions not previously 

authorized, 30.102(2)(c), 30.405(9), 

30.801(1) and (2), and 30.099(2)(a)1 and 

2; Federal: CL 17B—Delisting [54 FR 

27114, June 27, 1989]—State: 30.142(1) 

and (2); Federal: CL 17E—Location 

Standards for Salt Domes, Salt Beds, 

Underground Mines and Caves [50 FR 

28702, July 15, 1985]—State: 30.707 and 

30.099(10); Federal: CL 17F—Liquids in 

Landfills I [51 FR 19176, May 28, 

1986]—State: 30.629, 30.620(1), 

30.099(6)(j), and 30.804(19)(g); Federal: 

CL 17G—Dust Suppression [50 FR 

28702, July 15, 1985]—State: 30.231(1) 

and 30.205(13) as it relates to Federally 

regulated materials; Federal: CL 17M— 

Pre-construction Ban [50 FR 28702, July 

15, 1985]—State: 30.801, 30.801(12), 

and 30.501(3); Federal: CL 17N—Permit 

Life [50 FR 28702, July 15, 1985]—State: 

30.827, 30.851(3), and 30.851(3)(a)3; 

Federal: CL 17S—Exposure Information 

[50 FR 28702, July 15, 1985]—State: 

30.804, 30.804(18)(n), and 30.804(19)(n); 

Federal: CL 23—Generators of 100 to 

1000 kg Hazardous Waste [51 FR 10146– 

10176, March 24, 1986]—State: portions 

not previously authorized, 30.102(2)(c), 

30.405(9), 30.801(1) and (2), and 

30.099(2)(a)1 and 2; Federal: CL 25— 

Codification Rule, Technical Correction 

[51 FR 19176–19177, May 28, 1986]— 

State: 30.099(6)(j); Federal: CL 40—List 

(Phase 1) of Hazardous Constituents for 

Ground-water Monitoring [52 FR 

25942–25953, July 9, 1987]—State: 

30.161, 30.664(6)(a), 30.664(7)(b), 

30.664(7)(d), 30.671(6) and 

30.804(23)(d)2; Federal: CL 44E—Permit 

as a Shield Provision [52 FR 45788– 

45799, December 1, 1987]—State: 

30.812 and 30.851(3)(a)3; Federal: CL 

44F—Permit Conditions to Protect 

Human Health and the Environment [52 

FR 45788–45799, December 1, 1987]— 

State: 30.804 (intro.) and 30.827; 

Federal: CL 45 and 59—Hazardous 

Waste Miscellaneous Units and 

Corrections [52 FR 46946, December 10, 

1987, and 54 FR 615, January 9, 1989]— 

State: 30.010 definition of ‘‘landfill’’ and 

‘‘miscellaneous unit,’’ 30.502(1)(f), 

30.515(2)(c), 30.542(2)(g), 30.582, 

30.583(1)(h), 30.585, 30.592(1)(a) and 

(b), 30.593(1), 30.606, 30.661(1) and (4), 

30.700, 30.701, 30.701(7), 30.804(8), 

(12), (13) and (27), 30.901(1)(b), 

30.903(1), 30.905(1), and 30.908(2); 

Federal: CL 52—Hazardous Waste 

Management System; Standards for 


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Hazardous Waste Storage and Treatment 

Tank Systems [53 FR 34079, September 

2, 1988]—State: 30.010, 30.099(6)(b) and 

(6)(b)8, 30.099(6)(f), 30.585, 30.691(1) 

and (2), and 30.694(6)(c); Federal: CL 81 

and 89—Petroleum Refinery Primary 

and Secondary Oil/Water/Solids 

Separation Sludge Listings (F037 and 

F038) and Amendments [55 FR 46354, 

November 2, 1990, as amended at 55 FR 

51707, December 17, 1990 and 56 FR 

21955, May 13, 1991]—State: 30.130; 

30.131; and 30.162; Federal: CL 86— 

Removal of Strontium Sulfide from the 

List of Hazardous Wastes [56 FR 7567, 

February 25, 1991]—State: 30.136 and 

30.160; Federal: CL 115—Chlorinated 

Toluenes Production Waste Listing [57 

FR 47376, October 15, 1992]—State: 

30.132 and 30.162; Federal: CL 132— 

Wood Surface Protection, Correction [59 

FR 28484, June 2, 1994]—State: 

30.012(1)(k); Federal: CL 140—portions 

relating to waste listing for P188, 

Physostigmine Salicylate and P204, 

Physostigmine [60 FR 7824, February 9, 

1995 as amended at 60 FR 19165, April 

17, 1995 and at 60 FR 25619, May 12, 

1995]—State: 30.136 and 30.160; 

Federal: CL 192A—Mixture and 

Derived-From Rules Revisions, only as 

it relates to medicinal nitroglycerin, and 

the conditional exemption for low-level 

mixed waste [66 FR 27266, May 16, 

2001]—State: 30.104(2)(v) and 

30.104(3)(g); Federal: CL 193—Change 

of Official EPA Mailing Address [66 FR 

34374, June 28, 2001]—State: 

30.012(1)(k); Federal: CL 206—Nonwastewaters from Dyes and Pigments 

Waste Listing [70 FR 9138, February 24, 

2005 as amended at 70 FR 35032, June 

16, 2005]—State: 30.132, 30.160, 30.162, 

and 30.750(1)(a); Federal: CL 207— 

Uniform Hazardous Waste Manifest 

Revisions, [70 FR 10776, March 4, 

2005]—State: corrections to previously 

authorized State definitions in 30.010; 

Federal: dredged material exemption at 

40 CFR 261.4(g)—State: formatting 

corrections to previously authorized 

State regulations 30.104(3)(f)–(g); 

Federal: conditional exemption of waste 

pickle liquor sludge at 40 CFR 

261.3(c)(2)(ii)(A)—State: 30.104(2)(e)(1); 

Federal: 40 FR 261.4(b), solid wastes 

which are not hazardous—State: 

updated incorporation of Federal 

requirements at 30.104(2)(m); Federal: 

listing criteria at 40 CFR 261.11—State: 

updated incorporation of Federal 

requirements by reference at 

30.112(1)(b) and (c); Federal: Appendix 

I to 40 CFR part 261 regarding 

representative sampling methods— 

State: clarification at 30.151 that the 

Department incorporates by reference 

Appendix I to 40 CFR part 261; Federal: 

test method for determining the 

characteristic of ignitability at 40 CFR 

261.21(a)(1)—State: update to reference 

at 30.152(1)(a) to reflect incorporation of 

reference at 30.012; Federal: test 

methods for corrosivity at 40 CFR 

261.22(a)—State: update to test methods 

and references at 30.153(1) and (2); 

Federal: reference to test method 9095B 

in EPA publication SW–846 (paint filter 

liquids test) at 40 CFR part 

260.11(c)(3)—State: modification of 

30.156 to reflect current paint filter test 

method; Federal: exports of industrial 

ethyl alcohol for reclamation at 40 CFR 

261.6(a)(3)(i)(A) and (B)—State: updated 

incorporation of Federal requirements 

by reference at 30.212(2); Federal: 40 

CFR 262.21—State: updated 

incorporation of Federal requirements 

by reference at 30.316; Federal: Waste 

minimization certification at 40 CFR 

262.27—State: updated incorporation of 

Federal requirements by reference at 

30.317; Federal: 40 CFR part 262, 

subparts E and F regarding imports and 

exports of hazardous waste—State: 

updated incorporations of Federal 

requirements by reference at 30.361(1) 

and (2); Federal: 263.20(a)(2) relating to 

exports—State: updated incorporation 

of Federal requirements by reference at 

30.405(8); Federal: 40 CFR 263.30(c)— 

State: update of 30.413(2)(b)–(c); 

Federal: 40 CFR 264.1(g)(3)—State: 

update of 30.501(2)(a) and 30.601(2)(a); 

Federal 40 CFR 264.1(g)(6)—State: 

clerical error correction at 30.501(2)(d); 

Federal: 40 CFR 264.56(a)—State: 

clerical error corrections at 

30.524(6)(c)1; Federal: 40 CFR 264.70 

relating to manifests—State: update of 

30.541; Federal: 40 CFR 262.41(a)(6), 

264.75(h), and 265.75(h) related to 

toxicity and waste reduction under 

biennial reporting—State: general 

update of 30.542(2)(h); Federal: 

Corrective Action requirements related 

to 40 CFR 264.101, 264.552, 264.553 

and 40 CFR 265.121—State: update of 

incorporated Federal references at 

30.602(9), 30.602(10)(c)3, 30.602(12) 

and 30.602(13); Federal: 40 CFR 

264.1(g)(10)—State: clerical error 

correction at 30.603(1)(a); Federal: 40 

CFR 264.221(b) regarding surface 

impoundments—State: update of 

30.613(4)(a)1–3; Federal: 40 CFR 

264.251(a)(2)—State: clerical error 

correction at 30.641(1)(b); Federal: 40 

CFR 264.273(d)—State: clerical error 

correction at 30.654(6); Federal: 40 CFR 

264.193—State: clerical error correction 

at 30.694(4)(a)2; Federal: Facility 

location standards at 40 CFR 264.18— 

State: update to provisions at 30.700 

(intro.), 30.701 (intro.), 30.701(7)(a) and 

30.703 (Figure, clerical error correction); 

Federal: 40 CFR 270.1(c)(3)(i), 

exclusions from requirement to obtain a 

Part B permit—State: general update at 

30.801(11); Federal: Content of Part B at 

40 CFR 270.14(b)(2)—State: update of 

30.804(5) to include hazardous debris; 

Federal: 40 CFR 270.14(c) Content of 

Part B, additional requirements—State: 

updated incorporation of Federal 

groundwater monitoring requirements at 

40 CFR 265.90–265.94 by reference at 

30.804(23)(a); Federal: 40 CFR 

264.144(b) regarding annual inflation 

adjustment of cost estimate for postclosure care—State: revision at 

30.905(2) to reflect time frame 

consistent with Federal requirement; 

Federal: hazardous waste requirements 

in 40 CFR parts 260 to 279—State: 

30.004 (effective dates for all state 

regulations utilized to meet these 

Federal requirements and 30.011 

(general updated incorporation of 

Federal requirements by reference). 

Today’s final authorization of State 

regulations and regulation changes is in 

addition to the previous authorizations 

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. 

A further explanation regarding why 

the EPA is today classifying certain 

State regulations as more stringent 

versus other State regulations as broader 

in scope than the Federal regulations is 

provided in a memorandum entitled 

‘‘More Stringent and Broader in Scope 

Determinations Made in 2010 

Massachusetts RCRA Program 

Authorization,’’ by Jeffry Fowley of the 

Office of Regional Counsel, dated June 

2010. This memorandum has been 

placed in the administrative record and 

is available upon request. 

In addition to the differences between 

the State regulations and the Federal 

regulations as of July 1, 2008, described 

in items 1 and 2, below, the State rules 

are different from the current (2010) 

Federal rules in that the State has not 

adopted the EPA’s Definition of Solid 

Waste (DSW) Rule, which took effect at 

the Federal level on December 29, 2008. 

Since today’s authorization of the State 

regulations addresses Federal 


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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 35665 

requirements only through July 1, 2008, 

and since the EPA currently is 

considering whether to revise the DSW 

Rule, this authorization rulemaking 

does not address the extent to which not 

adopting the DSW makes particular 

State requirements more stringent 

versus broader in scope. Rather, 

consideration of this matter is deferred. 

1. More Stringent Provisions 

There are aspects of the 

Massachusetts program which are more 

stringent than the Federal program. 

Pursuant to 40 CFR 271.1(i)(1), 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 State requirements include the 

following: (a) The use of underground 

injection as a means of land disposal is 

prohibited within Massachusetts. Thus, 

in adopting the LDR requirements, 

Massachusetts did not adopt any 

provisions allowing such use of 

underground injection; (b) 

Massachusetts regulates hazardous 

waste pesticides discarded by farmers 

under its universal waste regulations, 

rather than tracking only the minimum 

Federal requirements in 40 CFR 262.70. 

Thus, in adopting the LDR 

requirements, Massachusetts did not 

adopt the exemption from LDR 

requirements for these hazardous waste 

pesticides; (c) Massachusetts does not 

allow the land disposal of lab packs, or 

ignitable or reactive hazardous wastes, 

within Massachusetts. Thus, in adopting 

the LDR requirements, Massachusetts 

did not adopt any provisions allowing 

for such land disposal of these wastes; 

(d) The waiver and variance provisions 

for surface impoundments in 40 CFR 

268.4(a)(3)(ii) and (iii) are inapplicable 

in Massachusetts. Also, variances from 

the treatment standards in 40 CFR 

268.44(h) through (o) are not granted by 

Massachusetts; (e) Massachusetts 

generally does not allow generators to 

treat without permits/licenses in 

containers and tanks. Thus, in adopting 

the LDR requirements, Massachusetts 

did not adopt any provisions allowing 

for such treatment; and (f) 

Massachusetts does not allow generators 

or permitted/licensed facilities to 

operate containment buildings. Thus, in 

adopting the LDR requirements, 

Massachusetts did not adopt any 

provisions allowing for such entities to 

operate containment buildings. 

2. Broader-in-Scope Provisions 

There are also aspects of the 

Massachusetts program which are 

broader in scope than the Federal 

program. Pursuant to 40 CFR 271.1(i)(2), 

the portions of the State requirements 

which are broader in scope are not 

authorized by EPA and 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 Massachusetts. These 

broader-in-scope State requirements 

include the following: (a) Massachusetts 

has not adopted the mixture and 

derived from rule revisions enacted by 

EPA on May 16, 2001, at 66 FR 27266, 

except that Massachusetts has adopted 

an exemption for medicinal 

nitroglycerine equivalent to the EPA 

exemption. Thus, except for medicinal 

nitroglycerine, Massachusetts is 

continuing to regulate as listed wastes 

the waste mixtures and derived from 

wastes excluded from Federal regulation 

by the EPA on May 16, 2001. 

I. Who handles permits after the 

authorization takes effect? 

Massachusetts will issue permits for 

provisions for which it is authorized 

and will administer the permits it 

issues. However, 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 Massachusetts prior to the 

effective date of this authorization. EPA 

will not issue any more new permits, or 

new portions of permits, for the 

provisions listed in this document 

above after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for any 

HSWA requirements for which 

Massachusetts is not yet authorized. 

J. How does this action affect Indian 

country (18 U.S.C. 115) in 

Massachusetts? 

Massachusetts is not authorized to 

carry out its hazardous waste program 

in Indian country within the State (land 

of the Wampanoag tribe). Therefore, 

EPA will continue to implement and 

administer the RCRA program in these 

lands. 

K. What is codification and is EPA 

codifying Massachusetts’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 

W for this authorization of 

Massachusetts’ program until a later 

date. 

L. 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 

under 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). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) because it is not 

economically significant as it approves 

a state program and, thus, 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 


jlentini on DSKJ8SOYB1PROD with RULES
35666 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, 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 in the Federal 

Register 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). 

Dated: June 8, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

[FR Doc. 2010–15255 Filed 6–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8135] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 


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