Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations 43409 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross reference this action with 

the Unified Agenda. 

List of Subjects in 23 CFR Part 669 

Grants programs-transportation, 

Highways and roads, Taxes, Motor 

vehicles. 

Issued on: July 14, 2010. 

Victor M. Mendez, 

Administrator. 

■ In consideration of the foregoing, the 

FHWA amends part 669 of Title 23, 

Code of Federal Regulations, as follows: 

PART 669—ENFORCEMENT OF 

HEAVY VEHICLE USE TAX 

■ 1. The authority citation for part 669 

is revised to read as follows: 

Authority: 23 U.S.C. 141(c) and 315; 49 

CFR 1.48(b). 

■ 2. Revise § 669.7 to read as follows: 

§ 669.7 Certification requirement. 

The Governor of each State, or his or 

her designee, shall certify to the FHWA 

before January 1 of each year that it is 

obtaining proof-of-payment of the heavy 

vehicle use tax as a condition of 

registration in accordance with 23 

U.S.C. 141(c). The certification shall 

cover the 12-month period ending 

September 30, except for the 

certification due on January 1, 2011, 

which shall cover the 4-month period 

from June 1, 2010 to September 30, 

2010. 

§ 669.9 [Amended] 

■ 3. In § 669.9, amend paragraphs (b), 

and (c) by removing the words ‘‘23 

U.S.C. 141(d)’’ and adding in its place 

the words ‘‘23 U.S.C. 141(c)’’ in each 

place it appears. 

§ 669.11 [Amended] 

■ 4. Amend § 669.11 by removing the 

word ‘‘July’’ and adding in its place the 

word ‘‘January’’. 

■ 5. Revise § 669.13 to read as follows: 

§ 669.13 Effect of failure to certify or to 

adequately obtain proof-of-payment. 

If a State fails to certify as required by 

this regulation or if the Secretary of 

Transportation determines that a State is 

not adequately obtaining proof-ofpayment of the heavy vehicle use tax as 

a condition of registration 

notwithstanding the State’s certification, 

Federal-aid highway funds apportioned 

to the State under 23 U.S.C. 104(b)(4) for 

the next fiscal year shall be reduced in 

an amount up to 25 percent as 

determined by the Secretary. 

■ 6. Revise § 669.15 to read as follows: 

§ 669.15 Procedure for the reduction of 

funds. 

(a) Each fiscal year, each State 

determined to be in nonconformity with 

the requirements of this part will be 

advised of the funds expected to be 

withheld from apportionment in 

accordance with § 669.13 and 23 U.S.C. 

141(c), as part of the advance notice of 

apportionments required under 23 

U.S.C. 104(e), normally not later than 90 

days prior to final apportionment. 

(b) A State that received a notice in 

accordance with paragraph (a) of this 

section may within 30 days of its receipt 

of the advance notice of 

apportionments, submit documentation 

showing why it is in conformity with 

this Part. Documentation shall be 

submitted to the Federal Highway 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

(c) Each fiscal year, each State 

determined to be in nonconformity with 

the requirements of this part and 23 

U.S.C. 141(c), based on FHWA’s final 

determination, will receive notice of the 

funds being withheld from 

apportionment pursuant to section 

669.3 and 23 U.S.C. 141(c), as part of the 

certification of apportionments required 

under 23 U.S.C. 104(e), which normally 

occurs on October 1 of each fiscal year. 

■ 7. Amend § 669.19 as follows: 

■ a. Amend paragraphs (a) and (b) by 

removing the words ‘‘23 U.S.C. 

104(b)(5)’’ and adding in its place the 

words ‘‘23 U.S.C. 104(b)(4)’’ in each 

place it appears; and 

■ b. Amend paragraph (c) by removing 

the word ‘‘Secretary’s’’. 

■ 8. Revise § 669.21 to read as follows: 

§ 669.21 Procedure for evaluating State 

compliance. 

The FHWA shall periodically review 

the State’s procedures for complying 

with 23 U.S.C. 141(c), including an 

inspection of supporting documentation 

and records. In those States where a 

branch office of the State, a local 

jurisdiction, or a private entity is 

providing services to register motor 

vehicles including vehicles subject to 

HVUT, the State shall be responsible for 

ensuring that these entities comply with 

the requirements of this part concerning 

the collection and retention of evidence 

of payment of the HVUT as a condition 

of registration for vehicles subject to 

such tax and develop adequate 

procedures to maintain such 

compliance. The State or other 

responsible entity shall retain a copy of 

the receipted IRS Schedule 1 (Form 

2290), or an acceptable substitute 

prescribed by 26 CFR Part 41 sec. 

41.6001–2 for a period of 1 year for 

purposes of evaluating State compliance 

with 23 U.S.C. 141(c) by the FHWA. The 

State may develop a software system to 

maintain copies or images of this proofof-payment. 

[FR Doc. 2010–18180 Filed 7–23–10; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–0561; FRL–9179–5] 

Rhode Island: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of Rhode Island 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 September 24, 2010 

unless EPA receives adverse written 

comment by August 25, 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–0561, 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– 

01), 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 07–01), EPA New England— 

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

Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Office’s normal hours of operation, and 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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special arrangements should be made 

for deliveries of boxed information. 

Instructions: Identify your comments 

as relating to Docket ID No. EPA–R01– 

RCRA–0561. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or claimed 

to be other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–R01–RCRA–0561. All documents 

in the docket are listed on the http:// 

www.regulations.gov Web site. Although 

it may be listed in the index, some 

information might not be publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the following two locations: 

(i) EPA Region 1 Library, 5 Post Office 

Square, 1st floor, Boston, MA 02109– 

3912; by appointment only; tel: (617) 

918–1990; and (ii) Rhode Island 

Department of Environmental 

Management, 235 Promenade St., 

Providence, RI 02908–5767, by 

appointment only through the Office of 

Technical and Customer Assistance, tel: 

(401) 222–6822. 

FOR FURTHER INFORMATION CONTACT: 

Robin Biscaia, RCRA Waste 

Management Section, Office of Site 

Remediation and Restoration (OSRR 07– 

01), EPA New England—Region 1, 5 

Post Office Square, Suite 100, mail code 

OSRR 07–1, Boston, MA 02109–3912; 

telephone number: (617) 918–1642; fax 

number: (617) 918–0642, e-mail 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 Rhode 

Island’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

grant Rhode Island final authorization to 

operate its hazardous waste program 

with the changes described in the 

authorization application. Rhode 

Island’s Department of Environmental 

Management (RIDEM) 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 Rhode 

Island, including issuing permits, until 

the State is granted authorization to do 

so. In particular, the EPA will continue 

to implement the Land Disposal 

Restrictions (LDR) requirements in 40 

CFR part 268, the RCRA air emission 

control requirements in 40 CFR part 

264, subparts AA, BB and CC, and 40 

CFR part 265, subparts AA, BB and CC, 

and the Boilers and Industrial Furnaces 

(BIF) requirements in 40 CFR part 266, 

subpart H, because Rhode Island has not 

yet sought and obtained authorization 

for those requirements. Regulated 

entities in Rhode Island must comply 

with these directly administered EPA 

requirements, in addition to the State 

hazardous waste requirements. While 

there currently are no facilities in Rhode 

Island subject to the BIF requirements, 

there are many facilities in Rhode Island 

(including some generators as well as 

treatment, storage and disposal 

facilities) subject to the LDR and AA, BB 

and CC requirements. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in Rhode Island 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. Rhode 

Island 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 Rhode Island is 

being authorized by today’s action are 

already effective under State law, and 

are not changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

EPA did not publish a proposal before 

today’s Immediate Final 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. That proposed rule will serve 

as the basis for later issuing a final rule, 

in the event that there is an objection to 

this Immediate Final Rule, and we 


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therefore need to withdraw this 

Immediate Final Rule and respond to 

the objection before issuing a new final 

rule. 

In addition to the matters covered by 

this Immediate Final rule, the State is 

seeking authorization for the zinc 

fertilizer rule (checklist 200). Because 

we think that there may be adverse 

comments that oppose the Federal 

authorization of the State for this rule, 

we are not including the authorization 

of the zinc fertilizer rule within this 

Immediate Final rule. Rather, we are 

proposing to authorize Rhode Island for 

the zinc fertilizer rule in today’s 

proposed rule. Any approval of Rhode 

Island to implement the zinc fertilizer 

rule will occur only through a later 

separate final rule, which will be issued 

only after considering any public 

comments. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization (other than relating to 

the zinc fertilizer rule), we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule based upon this proposed rule 

that also appears in today’s Federal 

Register. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

should do so at this time. 

If we receive adverse comments that 

oppose only the authorization of a 

particular change to the State hazardous 

waste program, we will withdraw that 

part of this rule but the authorization of 

the program changes that the comments 

do not oppose will become effective on 

the date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. What has Rhode Island previously 

been authorized for? 

Rhode Island initially received final 

Authorization on January 30, 1986, 

effective January 31, 1986 (51 FR 3780) 

to implement its base hazardous waste 

management program. We granted 

authorization for changes to their 

program on March 12, 1990, effective 

March 26, 1990 (55 FR 9128), March 6, 

1992, effective May 5, 1992 (57 FR 

8089), October 2, 1992, effective 

December 1, 1992 (57 FR 45574), August 

9, 2002, effective October 8, 2002 (67 FR 

51765), and December 11, 2007, 

effective February 11, 2008 (72 FR 

70229). 

G. What changes are we authorizing 

with today’s action? 

On June 17, 2010, EPA received 

Rhode Island’s complete program 

revision application dated June 15, 2010 

seeking authorization for their changes 

in accordance with 40 CFR 271.21. The 

RCRA program revisions for which 

Rhode Island is seeking authorization 

include updates to its regulations 

governing Treatment, Storage and 

Disposal Facilities (TSDFs). The State 

has incorporated by reference the 

Federal requirements relating to TSDFs 

in 40 CFR parts 264, 270 and 124, 

through July 1, 2008, while making 

various more stringent changes as 

specified in Rules 8.0 and 7.0, 

respectively. Although there currently 

are no interim status TSDFs in Rhode 

Island, the State similarly has updated 

its incorporation by reference of the 

Federal interim status facility 

regulations in 40 CFR part 265. Also, the 

State has updated its incorporation by 

reference of other Federal requirements 

through July 1, 2008, as well as making 

other changes to its base program, and 

thus also is seeking authorization for 

various other State regulations which 

address other Federal requirements 

through July 1, 2008. These other 

changes include adopting the updated 

Uniform Hazardous Waste Manifest 

Rule (checklist 207), adopting Federal 

waste listings through the Dyes and 

Pigments Rule (checklist 206), and 

adding Mercury Containing Equipment 

(checklist 209), Used Electronics and 

Silver Containing Photo-Fixing Solution 

to the State’s Universal Waste Rule. 

The State’s authorization application 

consists of a cover letter requesting 

authorization, a copy of RIDEM’s Rules 

and Regulations for Hazardous Waste 

Management dated June 2010, 

regulatory checklists comparing the 

State and Federal requirements, 

justification statements regarding why 

Rhode Island has added used 

electronics and silver-containing photo 

fixing solutions to its Universal Waste 

Rule, and a Supplement to the 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 Rhode 

Island’s hazardous waste program 

revisions satisfy all of the requirements 

necessary to qualify for final 

authorization. Therefore, we grant 

Rhode Island final authorization for the 

program changes identified below. Note, 

the Federal requirements are identified 

by their checklist (CL) number and/or 

rule descriptions followed by the 

corresponding state regulatory analog 

(‘‘Rule’’) from Rhode Island’s Rules and 

Regulations for Hazardous Waste 

Management as in effect on June 7, 

2010. 

First, we are authorizing State 

regulations which are analogous to the 

Federal regulations governing 

Treatment, Storage and Disposal 

Facilities (TSDFs) in 40 CFR parts 264, 

270 and 124 (July 1, 2008). As analogs 

to 40 CFR part 264 (July 1, 2008), we are 

authorizing Rule 2.2 B., Rule 2.2 F, and 

Rule 8.0—including all of Rule 8.1, 

except for the following provision 

which has been determined to be 

broader in scope: Rule 8.1 A.4. As 

analogs to 40 CFR part 270 (July 1, 

2008), we are authorizing Rule 2.2 B., 

Rule 2.2 I., Rule 7.0 A., and all of Rule 

7.0 B. except for the following 

provisions which have been determined 

to be broader in scope: Rule 7.0 B.7. 

insofar as it regulates circuit boards 

subject to the Federal scrap metal 

exemption; and Rule 7.0 B.19. As 

analogs to 40 CFR part 124 (July 1, 

2008), we are authorizing Rule 2.2 B., 

Rule 2.2 K., and Rule 7.0 C. 

Second, we are authorizing State 

regulations which are analogous to the 

Federal regulations governing interim 

status TSDFs in 40 CFR part 265 (July 

1, 2008). As analogs to 40 CFR part 265 

(July 1, 2008), we are authorizing Rule 

2.2 B. and 2.2 G. 

By authorizing the State regulations 

listed in the two paragraphs 

immediately above, we also are 

determining that the State meets the 

TSDF requirements (including 

permitted facility requirements and 

interim status facility requirements) 

listed in the following Checklists: CL 

16—Paint Filter Test, 50 FR 18370– 

18375, April 30, 1985; CL 17E— 

Location Standards for Salt Domes, Salt 

Beds, and Underground Mines and 

Caves, 50 FR 28702–28755, July 15, 

1985; CL 17F—Liquids in Landfills, 50 

FR 28702–28755, July 15, 1985; CL 

17H—Double Liners, 50 FR 28702– 

28755, July 15, 1985; CL 17I—GroundWater Monitoring, 50 FR 28702–28755, 

July 15, 1985; CL 17M—Preconstruction Ban, 50 FR 28702–28755, 

July 15, 1985; CL 17N—Permit Life, 50 

FR 28702–28755, July 15, 1985; CL 

17P—Interim Status, 50 FR 28702– 

28755, July 15, 1985; CL 17Q—Research 

and Development Permits, 50 FR 

28702–28755, July 15, 1985; CL 17S— 

Exposure Information, 50 FR 28702– 

28755, July 15, 1985; CL 25— 

Codification Rule, Technical Correction 

regarding subpart N—Landfills, 51 FR 

19176–19177, May 28, 1986; CL 28— 


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Standards for Hazardous Waste Storage 

and Treatment Tank Systems, 51 FR 

25422–25486, July 14, 1986 and 51 FR 

29430–29431, August 15, 1986 [Note: To 

cover the related changes to definitions 

and generator requirements made by 

this Federal checklist/rulemaking, we 

also are authorizing Rules 2.2C, 2.2D 

and 3.0—introductory note regarding 

effective dates of tank regulations]; CL 

30—Biennial Report Correction 

(regarding TSDFs), 51 FR 28556, August 

8, 1986; CL 44D—Permit Modification, 

52 FR 45788, Dec. 1, 1987; CL 44E— 

Permit as a Shield Provision, 52 FR 

45788, Dec. 1, 1987; CL 44F—Permit 

Conditions to Protect Human Health 

and the Environment, 52 FR 45788, Dec. 

1, 1987; CL 44G—Post-Closure Permits, 

52 FR 45788, Dec. 1, 1987; CL 52— 

Standards for Hazardous Waste Storage 

and Treatment Tank Systems, 53 FR 

34079, Sept. 2, 1988 [Note: To cover the 

related changes to definitions made by 

this Federal checklist/rulemaking, we 

also are authorizing Rule 2.2C]; CL 54— 

Permit Modification for Hazardous 

Waste Management Facilities, 53 FR 

37912, Sept. 28, 1988 and 53 FR 41649, 

Oct. 24, 1988; CL 55—Statistical 

Methods for Evaluating Ground-Water 

Monitoring Data from Hazardous Waste 

Facilities, 53 FR 39720, Oct. 11, 1988; 

CL 60—Amendment to Requirements 

for Hazardous Waste Incinerator 

Permits, 54 FR 4286, Jan. 30, 1989; CL 

61—Changes to Interim Status Facilities 

for Hazardous Waste Management etc., 

54 FR 9596, March 7, 1989; CL 64— 

Delay of Closure Period for Hazardous 

Waste Management Facilities, 54 FR 

33376, Aug. 14, 1989; CL 70—Changes 

to Part 124, 48 FR 14146, Apr. 1, 1983 

and 48 FR 30113, June 30, 1983 and 53 

FR 28118, July 26, 1988 and 53 FR 

37396, Sept. 26, 1988 and 54 FR 246, 

Jan. 4, 1989; CL 77—HSWA Codification 

Rule, Double Liners, Correction, 55 FR 

19262, May 9, 1990; CL 99— 

Amendments to Interim Status 

Standards for Downgradient GroundWater Monitoring Well Locations, 56 FR 

66356, Dec. 23, 1991; CL 100—Liners 

and Leak Detection Systems for 

Hazardous Waste Land Disposal Units, 

57 FR 3462, Jan. 29, 1992; CL 113— 

Consolidated Liability Requirements, 53 

FR 33938, Sept. 1, 1988, 56 FR 30200, 

July 1, 1991 and 57 FR 42832, Sept. 16, 

1992; CL 118—Liquids in Landfills II, 

57 FR 54452, Nov. 18, 1992 [Note: To 

cover a related change to a definition 

made by this Federal checklist/ 

rulemaking, we also are authorizing 

Rule 2.2C]; CL 131—Recordkeeping 

Instructions, 59 FR 13891, March 24, 

1994; CL 133—Letter of Credit Revision, 

59 FR 29958, June 10, 1994; CL 145— 

Liquids in Landfills III, 60 FR 35703, 

July 11, 1995; CL 148—RCRA Expanded 

Public Participation Rule, 60 FR 63417, 

Dec. 11, 1995; and CL 174—PostClosure Permit Requirements and 

Closure Process, 63 FR 56710, Oct. 22, 

1998. 

Third, we are authorizing State 

regulations that are analogous to the 

Uniform Hazardous Waste Manifest 

Rule, CL 207, 70 FR 10776, March 24, 

2005 and 70 FR 35034, June 16, 2005: 

Rules 2.2 C, including 2.2 C.7, 2.2 D, 

including 2.2 D.3, 2.2 E, 2.2 F, 2.2 G, 3.0 

including definitions of 

‘‘Administrator—Regional 

Administrator,’’ ‘‘EPA,’’ ‘‘Hazardous 

Waste’’ and ‘‘Manifest,’’ 5.2 A, 5.3, 5.4 B, 

5.6, 5.9, 6.3 K, 6.4, 6.5, 8.1, including 

8.1 A.23 and 8.1 A.24, 8.1 A.25, and 8.1 

A.26. 

Fourth, we are authorizing the State 

regulations that cover additional 

hazardous wastes that have been listed 

by the EPA since the time of Rhode 

Island’s base program approval: CL 14— 

Dioxin Waste Listing and Management 

Standards, 50 FR 1978, Jan. 14, 1985: 

Rules 2.2 C, 3.0—definitions of 

‘‘hazardous waste’’ and ‘‘acutely 

hazardous waste,’’ 2.2 C.14, 5.0, 5.2 A, 

2.2 F, 2.2 G, 2.2 I, and 7.0 B.33; CL 18— 

Listing of TDI, DNT and TDA Wastes, 50 

FR 42936, Oct. 23, 1985: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

20—Listing of Spent Solvents, 50 FR 

53315, Dec. 31, 1985: Rule 2.2 C; CL 

21—Listing of EDB Wastes, 51 FR 5327, 

Feb. 13, 1986: Rule 2.2 C; CL 22— 

Listing of Four Spent Solvents, 51 FR 

6537, Feb. 25, 1986: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

33—Listing of EBDC, 51 FR 37725, Oct. 

24, 1986: Rule 2.2 C; CL 56—Removal 

of Iron Dextran from the List of 

Hazardous Wastes, 53 FR 43878, Oct. 

31, 1988: Rules 2.2 C and 3.0— 

definition of ‘‘hazardous waste’’; CL 57— 

Removal of Strontium Sulfide from the 

List of Hazardous Wastes, 53 FR 43881, 

Oct. 31, 1988: Rules 2.2 C and 3.0— 

definition of ‘‘hazardous waste’’; CL 68— 

Reportable Quantity Adjustment Methyl 

Bromide Production Wastes, 54 FR 

41402, Oct. 6, 1989: Rule 2.2 C; CL 69— 

Reportable Quantity Adjustment, 54 FR 

50968, Dec. 11, 1989: Rule 2.2 C; CL 

72—Modification of F019 Listing, 55 FR 

5340, Feb. 14, 1990: Rule 2.2 C; CL 75— 

Listing of 1,1-Dimethylhydrazine 

Production Wastes, 55 FR 18496, May 2, 

1990: Rule 2.2 C; CL 81—Petroleum 

Refinery Primary and Secondary Oil/ 

Water/Solids Separation Sludge 

Listings, 55 FR 46354, Nov. 2, 1990 and 

55 FR 51707, Dec. 17, 1990: Rule 2.2 C; 

CL 86—Removal of Strontium Sulfide 

from the List of Hazardous Wastes— 

Technical Amendment, 56 FR 7567, 

Feb. 25, 1991: Rules 2.2 C and 3.0— 

definitions of ‘‘hazardous waste’’ and 

‘‘acutely hazardous waste.’’; CL 88— 

Administrative Stay for K069 Listing, 56 

FR 19951, May 1, 1991: Rule 2.2 C; CL 

89—Revision to the Petroleum Refining 

Primary and Secondary Oil/Water/ 

Solids Separation Sludge Listings, 56 FR 

21955, May 13, 1991: Rule 2.2 C; CL 

110—Coke By-Products Listings, 57 FR 

37284, Aug. 18, 1992: Rule 2.2 C; CL 

115—Chlorinated Toluenes Production 

Waste Listing, 57 FR 47376, Oct. 15, 

1992: Rule 2.2 C; CL 134—Correction of 

Beryllium Powder (P015) Listing, 59 FR 

31551, June 20, 1994: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

140—Carbamate Production 

Identification and Listing of Hazardous 

Waste, 60 FR 7824, Feb. 9, 1995, 60 FR 

19165, April 17, 1995 and 60 FR 25619, 

May 12, 1995: Rules 2.2 C and 3.0— 

definition of ‘‘hazardous waste’’; CL 

159—Conformance with the Carbamate 

Vacatur, 62 FR 32974, June 17, 1997: 

Rules 2.2 C and 3.0—definition of 

‘‘hazardous waste’’; CL 185— 

Organobromine Production Wastes 

Vacatur, 65 FR 14472, March 17, 2000: 

Rules 2.2 C and 3.0—definition of 

‘‘hazardous waste’’; CL 187—Petroleum 

Refining Process Wastes—Clarification, 

64 FR 36365, June 8, 2000: Rule 2.2 C; 

CL 195—Inorganic Chemical 

Manufacturing Wastes Identification 

and Listing, 66 FR 58258, Nov. 20, 2001 

and 67 FR 17119, April 9, 2002: Rule 2.2 

C; CL 206—Non-wastewaters from Dyes 

and Pigments, 70 FR 9138, Feb. 24, 2005 

and 70 FR 35032, June 16, 2005: Rule 

2.2 C; and Special Consolidated 

Checklist for Wood Preserving Listings, 

covering CL 82, 55 FR 50450, Dec. 6, 

1990, CL 92, 56 FR 30192, July 1, 1991, 

CL 120, 57 FR 61492, Dec. 24, 1992, and 

CL 167 F, 63 FR 28556, May 26, 1998: 

Rules 2.2 C, 2.2 D, 5.2 A, 2.2 F, 2.2 G, 

and 2.2 I. 

Fifth, we are authorizing the State 

regulations that add Mercury Containing 

Equipment, Used Electronics and Silver 

Containing Photo-Fixing Solution to the 

State’s Universal Waste Rule, and that 

otherwise update the State Universal 

Waste Rule regulations: CL 209— 

Mercury Containing Equipment, 70 FR 

45508 (Aug. 5, 2005): Rules 2.2 C, 2.2 

F, 2.2 G, 2.2 I, 2.2 J, 3.0—definitions of 

‘‘universal waste,’’ ‘‘large quantity 

handler of universal waste,’’ ‘‘small 

quantity handler of universal waste,’’ 8.1 

A.8–10, 13.1 C., 13.4, 13.5 intro., 13.5 C, 

and 13.5 F–R; 40 CFR part 273, subpart 

G—Petitions to Include Other Wastes 

Under 40 CFR part 273: State 

regulations including Used Electronics 

in universal waste rule: Rules 2.2 J, 13.1 

E, 13.2, 13.4, 13.5 intro., 13.5 A, and 13. 


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5 F.—S, and State regulations including 

Silver-Containing Photo-Fixing 

Solutions in universal waste rule: Rules 

2.2 J, 13.1 F, 13.3, 13.4, 13.5 intro., 13.5 

A, and 13.5 F.—S; CL 176—Technical 

Amendments to Universal Waste Rule, 

63 FR 71225 (Dec. 24, 1998): Rules 2.2 

H and 3.0—definition of ‘‘small quantity 

handler of universal waste.’’; 40 CFR 

part 273: current State universal waste 

regulations with miscellaneous updates: 

Rule 13.0—all. Note: These universal 

waste rule regulations are being 

authorized except to the extent that they 

cover materials that are not Federal 

hazardous wastes. The broader in scope 

wastes are only materials which pass 

the TCLP test (e.g., fluorescent bulbs 

with very low levels of mercury), 

materials that for other reasons are not 

classified as Federal solid and 

hazardous wastes (e.g., CRTs that have 

met the Federal conditions for being 

excluded from the definition of solid 

waste), and materials that are excluded 

from all Federal hazardous waste 

regulation as household hazardous 

wastes. 

Sixth, we are authorizing State 

regulations that are analogous to the 

Federal regulations covered by the 

following additional Checklists: CL 9— 

Household Waste, 49 FR 44978, Nov. 

13, 1984: Rules 2.2 C11, 3.0—definition 

of ‘‘household hazardous waste,’’ and 5.0 

intro., except for provisions in 5.0 intro. 

which regulate facilities that accept 

household hazardous waste which are 

broader in scope, and not including 

Rule 13.5 provisions which regulate 

certain household hazardous wastes as 

universal wastes which are broader in 

scope; CL 17C—Household Waste, 50 

FR 28702–28755, July 15, 1985: Rules 

2.2 C11, 3.0—definition of ‘‘household 

hazardous waste,’’ and 5.0 intro., except 

for provisions in 5.0 intro. which 

regulate facilities that accept household 

hazardous waste which are broader in 

scope, and not including Rule 13.5 

provisions which regulate certain 

household hazardous wastes as 

universal wastes which are broader in 

scope; CL 17D—Waste Minimization, 50 

FR 28702–28755, July 15, 1985: Rules 

2.2 D, 2.2 F, 2.2 I, 5.5, 7.0 C4(c), and 8.1 

A.23; CL 17G—Dust Suppression, 50 FR 

28702–28755, July 15, 1985: Rule 2.2 H; 

CL 17J—Cement Kilns, 50 FR 28702– 

28755, July 15, 1985: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

17R—Hazardous Waste Exports, 50 FR 

28702–28755, July 15, 1985: see CL 31; 

CL 31—Exports of Hazardous Waste, 51 

FR 28664, Aug. 8, 1986: Rules 2.2 C, 2.2 

C.14, 2.2 D, 2.2 E, 3.0—definitions of 

‘‘hazardous waste’’ and ‘‘manifest’’, 5.0 

intro., 5.5, 6.3 L, 6.3 K, 6.3 M and 6.4, 

but not including Rule 5.3 F since the 

EPA directly administers and enforces 

the export and import requirements of 

40 CFR part 262, subparts E and F as 

incorporated by reference by R.I. Rule 

5.3 F; CL 48—Farmer Exemptions— 

Technical Corrections, 53 FR 27164, 

July 19, 1988: more stringent State 

provisions in Rules 2.2 D, 2.2 D.5, 2.2 

G1, 5.0—intro., 7.0 B.4, 8.1 A.1 and Rule 

13.0 provisions re: universal waste 

pesticides; CL 58—Standards for 

Generators or Hazardous Waste, 53 FR 

45089, Nov. 8, 1988: Rules 2.2 D and 5.3 

B; CL 67—Testing and Monitoring 

Activities, 54 FR 40260, Sept. 29, 1989: 

Rule 2.2 C; CL 73—Testing and 

Monitoring Activities—Technical 

Corrections, 55 FR 8948, Mar. 9, 1990: 

Rule 2.2 C; CL 76—Criteria for Listing 

Toxic Wastes—Technical Amendment, 

55 FR 18726, May 4, 1990: Rule 2.2 C; 

CL 97—Exports of Hazardous Wastes— 

Technical Corrections, 56 FR 43704, 

Sept. 4, 1991: Rule 2.2 D but not Rule 

5.3 F—see note after checklist 31; CL 

117A—Reissuance of the Mixture and 

Derived From Rule, 57 FR 7628, March 

3, 1992, 57 FR 23062, June 1, 1992, 57 

FR 49278, Oct. 30, 1992: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

126—Testing and Monitoring Activities, 

58 FR 46040, Aug. 31, 1993 and 59 FR 

47980, Sept. 19, 1994: Rules 2.2 C, 2.2 

F, and 2.2 G; CL 128—Wastes from the 

Use of Chlorophenolic Formulations in 

Wood Surface Protection, 59 FR 458, 

Jan. 4, 1994: Rule 2.2 C; CL 132—Wood 

Surface Protection—Correction, 59 FR 

28484, June 2, 1994: Rule 2.2 C; CL 

135—Recovered Oil Exclusion, 59 FR 

38536, July 28, 1994: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

136—Removal of the Conditional 

Exemption for Certain Slag Residues, 59 

FR 43496, Aug. 24, 1994: Rule 2.2 H; CL 

139—Testing and Monitoring 

Activities—Amendment I, 60 FR 3089, 

Jan. 13, 1995: Rule 2.2 C; CL 141— 

Testing and Monitoring Activities— 

Amendment II, 60 FR 17001, April 4, 

1995: Rule 2.2 C; CL 144—Removal of 

Legally Obsolete Rules, 60 FR 33912, 

June 29, 1995: Rules 2.2 C, 2.2 I and 7.0 

B.21; CL 150—Amendments to the 

Definition of Solid Waste—Amendment 

II, 61 FR 13103, March 26, 1996: Rule 

2.2 C; CL 152—Imports and Exports of 

Hazardous Waste—Implementation of 

OECD Council Decision, 61 FR 16290, 

April 12, 1996: Rules 2.2 C, 2.2 E, 2.2 

F, 2.2 G, 2.2 H. 2.2 J, 3.0—definition of 

‘‘hazardous waste’’, 5.0—intro., 7.0 B.5, 

8.1 A.14, and 2.2 D—except not 

including the incorporation by reference 

of 40 CFR part 262, subpart H by Rule 

2.2 D since the EPA directly administers 

and enforces the export and import 

requirements of that subpart; CL 156— 

Military Munitions Rule, 62 FR 6622, 

Feb. 12, 1997: Rules 2.2 C, 2.2 D, 2.2 E, 

2.2 F, 2.2 G, 2.2 H, 2.2 I, 5.0, 5.3, 6.0 

B, and 6.1 A.8; CL 158—Testing and 

Monitoring Activities Amendment III, 

62 FR 32452, June 13, 1997: Rules 2.2 

C, 2.2 G, and 3.0—definition of 

‘‘hazardous waste’’; CL 164—Kraft Mill 

Steam Stripper Condensate Exclusion, 

63 FR 18504, April 15, 1998: Rule 2.2 

C; CL 167D—Mineral Processing 

Secondary Materials Exclusion, 63 FR 

28556, May 26, 1998: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’, 

but see CL 199 since State’s mineral 

processing secondary materials 

exclusion has been revised in 

accordance with the revisions covered 

by that Checklist; CL 178—Petroleum 

Refining Process Wastes—Leachate 

Exemption, 64 FR 6806, Feb. 11, 1999: 

Rule 2.2 C; CL 180—Test Procedures for 

the Analysis of Oil and Grease and NonPolar Material, 64 FR 26315, May 14, 

1999: Rule 2.2 C; CL 192A—Mixture 

and Derived-From Rules Revisions, 66 

FR 27266, May 16, 2001: Rules 2.2 C 

and 3.0—definition of ‘‘hazardous 

waste’’; CL 193—Change of Official EPA 

Mailing Address, 66 FR 34374, June 28, 

2001: Rule 2.2 C; CL 194—Mixture and 

Derived-From Rules Revision II, 66 FR 

50332, Oct. 3, 2001: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

199—Vacatur of Mineral Processing 

Spent Materials Being Reclaimed as 

Solid Wastes and TCLP Use with MGP 

Waste, 67 FR 11251, March 13, 2002: 

Rules 2.2 C and 3.0—definition of 

‘‘hazardous waste,’’ except not including 

Rule 2.2 C.18 regarding State’s 

regulation of MGP waste in some 

circumstances, which is broader in 

scope; CL 208—Methods Innovation 

Rule and SW–846 Final Update IIIB, 70 

FR 34538, June 14, 2005 and 70 FR 

44150, August 1, 2005: Rules 2.2 C, 2.2 

F, 2.2 G, 2.2 I, 3.0—definition of 

‘‘hazardous waste’’, 7.0 B.47, 7.0 B.79, 

8.1 A.60 and 15 including 15.1 B.1; CL 

211—Revision of Wastewater Treatment 

Exemptions for Hazardous Waste 

Mixtures—Headworks Exemptions, 70 

FR 57769, Oct. 4, 2005: Rules 2.2 C and 

3.0—definition of ‘‘hazardous waste’’; CL 

213—Burden Reduction Initiative, 71 

FR 16862, April 4, 2006: Rules 2.2 C, 2.2 

C.4, 2.2 F, 2.2 G, 2.2 I, 2.2 J, 7.0 B.82, 

8.1 A.17, 8.1 A.41, 8.1 A.45 and 8.1 

A.64; CL 214—Errors in the Code of 

Federal Regulations, 71 FR 40254, July 

14, 2006: Rules 2.2 C, 2.2 D, 2.2 F, 2.2 

G, 2.2 H, 2.2 I, 3.0—definitions of 

‘‘universal waste,’’ ‘‘used oil’’, 

‘‘hazardous waste’’, and ‘‘acutely 

hazardous waste’’, 5.0, 5.2 A, 7.0 B.4, 8.1 

A.4, 8.1 A.20, 8.1 A.36, 13.5 F, 13.5 H, 


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13.5 I, 13.5 N, 15.1 B, 15.1 C, 15.2 A, 

15.3, 15.3 F(3), 15.3 Table 1, 15.7, 15.7 

G(2)(b), 15.7 G(2)(d), 15.7 H(1), 15.8 L, 

15.8 Q, 15.8 Q(1), 15.7 Q6(c), 15.8 

Q6(d), 15.8 S, 15.8 S(5), 15.8 W(1)(b), 

15.8X(1)(b), 15.8 Z and 15.9 B(1); CL 

216—Exclusion of Oil-Bearing 

Secondary Materials Processed in a 

Gassification System to Produce 

Synthesis Gas, 73 FR 57, Jan. 2, 2008: 

Rule 2.2 C; CL 218—F019 Exemption for 

Wastewater Treatment Sludges from 

Auto Manufacturing Zinc Phosphating 

Processes, 73 FR 31756, June 4, 2008: 

Rule 2.2 C; Consolidated Checklist for 

the Treatability Studies Exemption, 

covering CL 49, 53 FR 27290, July 19, 

1988 and CL 129, 59 FR 8362, Feb. 18, 

1994: Rules 2.2 C and 2.2 C.13; 

Consolidated Checklist for Bevill 

Exclusion for Mining Wastes, covering 

CL 53, 53 FR 35412, Sept. 13, 1988, CL 

65, 54 FR 36592, Sept. 1, 1989, CL 71, 

55 FR 2322, Jan. 23, 1990, CL 90, 56 FR 

27300, June 13, 1991 and CL 167E, 63 

FR 28556, May 26, 1998: Rules 2.2 C, 

2.2 D, and 3.0—definition of ‘‘hazardous 

waste’’, except for 2.2 C.12 regarding the 

State’s regulation of coal ash, which is 

broader in scope. 

Seventh, we are authorizing the State 

for miscellaneous changes it has made 

to its previously authorized program 

rules as follows (note, the analogous 

state provisions follow the general areas 

of 40 CFR to which the changes relate): 

40 CFR 262.34(d) and 261.5— 

conditional exemptions for small 

quantity generators and conditionally 

exempt small quantity generators: 

additional State Rules providing that 

Rhode Island is more stringent: 2.2 C.14, 

2.2 D.2, 7.0 B.4, 7.0 B.20, 8.1 A.1, 2.2 

C.7, 2.2.D.3, and additional/changed 

citations in Rule 3.0—hazardous waste 

definition and Rule 5.0—introduction; 

40 CFR 262.10(f) and 262.70— 

conditional exemption for farmers: 

Rules providing that Rhode Island is 

more stringent: 2.2 D.1, 2.2 D.5, 5.0— 

introduction, 7.0 B.4 and 8.1 A.1; 40 

CFR 261.4(a)(14)—conditional 

exemption for shredded circuit boards 

being recycled: Rules providing that 

Rhode Island is more stringent: 2.2 C.8 

and 13.2; 40 CFR 264.1(d) and 

270.1(c)(1)(i)—permit by rule 

requirements for injection wells: Rules 

providing that Rhode Island is more 

stringent: 7.0 B.4, 7.0 B.78, and 8.1 A.1; 

40 CFR 264.1(c) and 270.1(c)(1)(iii)— 

permit by rule requirements for ocean 

disposal: Rules providing that Rhode 

Island is more stringent: 7.0 B.4, 7.0 

B.78 and 8.1 A.1; Various Federal 

regulations reducing requirements for 

performance track facilities: Rules 

providing that Rhode Island is more 

stringent in not reducing requirements 

for performance track facilities: 2.2 C.4, 

2.2 F, 5.2 A, 7.0 B82, 8.1 A.17, 8.1 A.45 

and 8.1 A.64; 40 CFR 263.12— 

temporary storage by transporters: more 

stringent State regulations in Rule 6.14, 

except for the Rule 6.14 G application 

fee requirement which is broader in 

scope; 40 CFR 265.174, as incorporated 

by reference by 262.34—inspection 

requirement for container areas: Rule 

5.2 A., including more stringent State 

requirement incorporating by reference 

40 CFR 265.15(d), thus requiring that 

generators keep inspection logs; 40 CFR 

270.1(c)(2)(v) and 264.1(c)(10)— 

wastewater treatment unit exemption: 

Rules 7.0 B.8 and 8.1 A.6— 

incorporation by reference of Federal 

provisions and also all of the 

(equivalent or more stringent) state 

additional language within those Rules 

in parts 7.0B8(a) and 8.1A6(a), 7.0B8(b) 

and 8.1A6(b), 7.0B8(c) and 8.1A6(c), 

7.0B8(e) and 8.1A6(e), and the language 

at the end of both Rules, and also 

including the restriction of the 

exemption to facilities with ‘‘on site’’ 

discharges in parts 7.0 B.8(d) and 8.1 

A.6(d), except for the rest of parts 7.0 

B.8(d) and 8.1 A.6(d), and the last 

sentence of both Rules, regarding zero 

discharge units, regarding which action 

is deferred. Note also: other (more 

stringent) State requirements relating to 

designating agents to sign manifests, 

non-adoption of reduced permitting 

requirements and other more minor 

changes, already have been authorized 

in the first through third paragraphs 

above, and thus need not be authorized 

here. 

Finally, we are authorizing the Rhode 

Island regulations which update the 

State’s regulations by incorporating by 

reference the EPA RCRA regulations 

through July 1, 2008 (and the U.S. DOT 

regulations referenced in the EPA 

regulations through October 1, 2008) 

[previously the State had incorporated 

by reference Federal requirements only 

through 2004]: Regarding 40 CFR parts 

260–265, 266 (except for subpart H), 

270, 273 and 124: Rules 2.2 A, 2.2 B, 

and the Rule 3.0 definitions of 40 CFR 

and 49 CFR (as applying through 2008); 

also regarding 40 CFR parts 260 and 

261: Rule 2.2 C; also regarding 40 CFR 

part 262: Rule 2.2 D., also regarding 40 

CFR part 263: Rule 2.2 E., also regarding 

40 CFR part 266: Rule 2.2 H., also 

regarding 40 CFR part 273: Rule 2.2 J. 

For the updated authorizations relating 

to Treatment, Storage and Disposal 

Facilities—40 CFR parts 264, 265, 270 

and 124, see the first and second 

paragraphs above. 

In addition to today’s authorizations, 

we previously authorized Rhode Island 

Rule 15.01 E as being equivalent to the 

Federal exemption for used oil filters in 

40 CFR 261.4(b)(13). See 72 FR 70229, 

70231, 70233 (Dec. 11, 2007). However, 

we inadvertently failed to credit Rhode 

Island for having met the requirements 

of Checklists 104 and 107 regarding oil 

used filters at that time. We are today 

confirming that by adopting Rule 15.01 

E, Rhode Island has met the Federal 

requirements addressed by those two 

Checklists. 

Some State provisions may be 

authorized more than once, as the same 

State regulation may address different 

Federal requirements. Whether a State 

provision is authorized once or is 

authorized more than once, the effect is 

the same in making the provision part 

of the Federally authorized program and 

subject to Federal enforcement. 

Today’s final authorization of new 

State regulations and regulation changes 

is in addition to the previous 

authorizations of State regulations. All 

previously authorized State regulations 

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 as of July 1, 2008, 

are summarized below. It should be 

noted that this summary does not 

describe every difference, or every detail 

regarding the differences that are 

described. Also, EPA is not reopening 

its previous authorization decisions 

regarding Rhode Island. Previous 

determinations regarding whether 

particular Rhode Island provisions are 

‘‘more stringent,’’ or ‘‘broader in scope,’’ 

or different but ‘‘equivalent’’ are 

described in the prior rulemaking 

actions listed in Section F., above, 

rather than here. Members of the 

regulated community are advised to 

read the complete regulations, along 

with this Federal Register document 

and the previous Federal Register 

documents, to ensure that they 

understand all of the requirements with 

which they will need to comply. 

In addition to the differences between 

the State regulations and the Federal 

regulations as of July 1, 2008, described 

in items 1 through 3, 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 

requirements only through July 1, 2008, 

and since the EPA currently is 

considering whether to revise the DSW 

Rule, this authorization rulemaking 


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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. 

Also, as part of its current update of 

its regulations, Rhode Island has 

amended the language regarding the 

Federal exemption for wastewater 

treatment units (WWTUs) in 40 CFR 

270.1(c)(2)(v) and 264.1(g)(6), rather 

than simply incorporating these Federal 

provisions by reference. See Rules 7.0 

B.8. and 8.1 A.6. One of the 

amendments is in Rule 7.0 B.8.(d) and 

8.1 A.6.(d), where the State is specifying 

that its WWTU exemption applies only 

when a unit has a ‘‘current ongoing 

discharge to surface waters or the 

sewers’’ subject to regulation under 

section 402 or 307 of the Clean Water 

Act, and the State’s water act. Thus the 

State is limiting the exemption to units 

which currently are discharging to the 

water, as opposed to zero discharge 

units which discharge to the air. The 

State regulations further specify that, 

‘‘zero discharge units such as 

evaporators are not covered by this 

exemption, but rather must comply with 

the RCRA requirements for generators or 

Treatment Storage and Disposal 

Facilities, as applicable, in addition to 

any requirements specified in any 

permit issued by the Department’s 

Office of Water Resources or a Publicly 

Owned Treatment Works.’’ Also, as part 

of this amendment, at the end of Rules 

7.0 B.8. and 8.1 A.6., the State 

regulations specify that since zero 

discharge units are not exempted from 

the State’s RCRA regulations, ‘‘the 

hazardous waste requirements apply 

both to any hazardous wastewaters and 

any hazardous sludges, when either is 

generated.’’ For example, this means that 

all hazardous wastewaters being sent to 

a zero discharge unit must be stored in 

accordance with hazardous waste 

requirements, and counted as hazardous 

wastes, and that the zero discharge unit 

itself must meet State hazardous waste 

requirements (tank standards), rather 

than the facility only having to handle 

hazardous sludges as hazardous wastes 

when they leave the zero discharge unit. 

Whether this particular State 

amendment is different but equivalent 

to the Federal regulations, or more 

stringent, or broader in scope, depends 

upon how the Federal exemption is 

interpreted. How to interpret the 

Federal exemption currently is under 

review. Thus, consideration of this 

matter is deferred. EPA Region I will 

address in a future authorization 

rulemaking action whether this 

amendment should be authorized as 

equivalent to (or more stringent than) 

the Federal regulations, or should be 

classified as broader in scope. 

It should be emphasized that any 

decision regarding whether to Federally 

authorize this amendment affects only 

whether it can be Federally enforced. 

The State regulations are in effect now 

and are enforceable under State law. 

Thus all regulated entities in Rhode 

Island must comply with them now. In 

particular, as specified in the State 

regulations, even those entities that 

have water permits covering their zero 

discharge units must also comply with 

the State hazardous waste requirements 

(if they have hazardous wastewaters or 

sludges). Persons with questions about 

how to comply with these new State 

requirements are encouraged to contact 

the RIDEM directly. 

The other amendments that the State 

has made to the Federal WWTU 

exemption language are being 

authorized now, as explained in item 3, 

below. 

1. More Stringent Provisions 

There are aspects of the Rhode Island 

program which are more stringent than 

the Federal program. All of these more 

stringent requirements are, or will 

become, part of the Federally 

enforceable RCRA program when 

authorized by the EPA and must be 

complied with in addition to the State 

requirements which track the minimum 

Federal requirements. These more 

stringent requirements include the 

following: 

First, as determined in our 2002 

rulemaking action, Rhode Island is more 

stringent with regard to the regulation of 

Federal small quantity generators 

(SQGs) and Federal conditionally 

exempt small quantity generators 

(CESQGs). This is because Rhode Island 

regulates all hazardous waste generators 

using its full RCRA generator (LQG 

level) regulations, with some 

exceptions. Consistent with our 2002 

rulemaking which authorized the basic 

Rhode Island regulations governing 

SQGs and CESQGs as more stringent, 

the EPA is today determining that 

certain recently added revisions to the 

Rhode Island regulations which 

reference these more stringent 

requirements are ‘‘more stringent.’’ EPA 

is not reopening our 2002 determination 

to authorize the basic Rhode Island 

regulations governing SQGs and 

CESQGs as more stringent. 

Second, Rhode Island regulates 

farmers disposing of used pesticides 

under its universal waste rule. This is 

more stringent than the EPA approach 

of exempting farmers from most RCRA 

requirements so long as the conditions 

in 40 CFR 262.70 are met. 

Third, Rhode Island has not adopted 

the Federal conditional exemption in 40 

CFR 261.4(a)(14) for shredded circuit 

boards being recycled. Instead, Rhode 

Island is regulating shredded circuit 

boards being recycled under its 

universal waste rule requirements for 

used electronics. This also is more 

stringent. 

Fourth, Rhode Island does not allow 

the disposal of hazardous wastes 

through injection wells or the ocean 

disposal of hazardous wastes. This is 

more stringent than the EPA approach 

of allowing such disposals under RCRA 

permit-by-rule requirements. 

Fifth, Rhode Island never adopted 

special regulations for Performance 

Track facilities. This is more stringent 

than the EPA regulations which have 

allowed special standards regarding 

some requirements for performance 

track facilities. It also should be noted 

that the EPA recently has terminated the 

performance track program. Thus Rhode 

Island’s approach actually is now 

equivalent to the current EPA approach, 

rather than more stringent. 

Sixth, Rhode Island regulates, more 

strictly and extensively than EPA, 

temporary storage of wastes by 

transporters and temporary transfer and 

storage facilities. Under the Federal 

regulations, temporary storage by 

transporters is allowed subject to the 

conditions that the hazardous wastes be 

stored in containers and for no more 

than 10 days. Rhode Island is imposing 

additional requirements including more 

detailed storage requirements, closure 

plans and financial assurance 

requirements, and a requirement to 

obtain State authorization for temporary 

transfer and storage facilities. Also, 

Rhode Island is setting a 72-hour plus 

Sundays and holidays time limit on 

storage, as opposed to the Federal 10- 

day time limit. The State requirements 

all are more stringent, other than the 

State application fee requirement which 

is broader in scope—see below. 

Seventh, Rhode Island amended its 

regulation 5.2 A. in 2001 to specify that 

generators must keep inspection logs (in 

accordance with 265.15(d), in addition 

to meeting the minimum Federal 

requirement for generators (specified in 

264.174, as incorporated by reference by 

262.34) of doing container area 

inspections. This inspection log 

requirement is more stringent. In our 

2002 authorization rulemaking, EPA 

authorized all of Rule 5.0 including this 

amendment, with respect to Federal 

SQGs and CESQGs. We are today again 

reauthorizing Rule 5.2 A. including the 

2001 amendment to make clear that the 

requirement to keep an inspection log 


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also is Federally enforceable in the case 

of Federal LQGs. 

Eighth, Rhode Island specifies in its 

regulations 5.9 and 8.1 A.24 that 

generators and TSDFs, respectively, 

must submit to the State the names and 

signatures of all agents authorized to 

sign the hazardous waste manifest. 

These State requirements build on the 

Federal requirements regarding properly 

filling out the manifest, and thus are 

more stringent. 

Ninth, Rhode Island does not allow 

standardized RCRA permits, research, 

development and demonstration 

(RD & D) permits and land treatment 

demonstration permits. Instead, Rhode 

Island requires full RCRA permits where 

the Federal regulations would allow 

these kinds of permits. This is more 

stringent. 

Tenth, there are other more minor 

differences between the Federal and 

State programs, where the State is being 

more stringent. In particular, the State 

has various more stringent provisions 

relating to the technical standards for 

TSDFs. These more stringent provisions 

are listed in the Checklists submitted by 

the State, which are part of the 

administrative record. Examples of 

these more stringent provisions are 

discussed in the memorandum entitled 

‘‘More Stringent and Broader in Scope 

Determinations Made in 2010 Rhode 

Island RCRA Program Authorization,’’ 

which also has been placed in the 

administrative record. 

2. Broader in Scope Provisions 

There also are aspects of the Rhode 

Island program which are broader in 

scope than the Federal program. The 

State requirements (or portions of State 

requirements) which are broader in 

scope are not considered to be part of 

the Federally enforceable RCRA 

program. However, they are fully 

enforceable under State law and must be 

complied with by sources in Rhode 

Island. These broader-in-scope 

provisions include the following: 

First, Rhode Island regulates as 

hazardous wastes certain PCB wastes 

that are regulated at the Federal level 

under the Toxic Substances Control Act 

(TSCA) rather than RCRA. As 

determined in our 2002 rulemaking 

action, these State regulations are 

broader in scope. The State recently has 

adopted regulations (i) specifying that it 

does not exempt PCB incineration 

facilities from its RCRA permit 

requirement and (ii) granting an 

exemption from certain hazardous waste 

transportation requirements to certain 

utilities handling the PCB wastes. 

Consistent with our 2002 authorization 

decision that the State’s regulations 

covering PCB wastes generally are 

broader in scope, we are today 

classifying these new regulations as 

broader in scope. 

Second, EPA unconditionally 

exempts from hazardous waste 

regulation scrap metal being recycled. In 

guidance, EPA has classified intact 

circuit boards as scrap metal, when they 

do not contain mercury switches, 

mercury relays, nickel-cadmium 

batteries or lithium batteries. Rhode 

Island has decided to regulate circuit 

boards, as used electronics under its 

universal waste rule, even when EPA 

excludes them from regulation under 

the scrap metal exemption. To the 

extent that the State is regulating circuit 

boards that the EPA does not regulate, 

this is broader in scope. 

Third, the State is regulating as 

hazardous wastes both ‘coal ash’ and 

petroleum-contaminated media and 

debris. These are currently excluded 

from Federal RCRA regulation, although 

the EPA is now considering whether to 

regulate ‘coal ash’ as a Federal 

hazardous waste. Thus these State 

regulations (currently) are broader in 

scope. 

Fourth, manufactured gas plant (MGP) 

waste is excluded from the TCLP testing 

requirement and thus in effect excluded 

from hazardous waste regulation, by 

Federal regulation 261.24. While also 

excluding MGP waste when certain 

conditions are met, Rhode Island is 

continuing to regulate this waste stream 

when those conditions are not met. This 

State regulation also is broader in scope. 

Fifth, Rhode Island generally follows 

the Federal RCRA exemption for 

household hazardous waste. However, 

Rhode Island regulates facilities which 

accept household hazardous wastes, as 

generators, under its hazardous waste 

regulations. These State regulations are 

broader in scope. 

Sixth, in its universal waste program, 

Rhode Island regulates certain dry cell 

batteries (i.e., waste-nickel cadmium, 

mercuric oxide, and lead acid dry cell 

batteries), used electronics, mercury 

containing equipment and mercurycontaining lamps, even when they are 

not Federal hazardous wastes. To the 

extent, and only to the extent, that 

Rhode Island is regulating as universal 

wastes particular materials that are not 

Federal hazardous wastes, it is being 

broader in scope. The broader-in-scope 

wastes include materials which pass the 

TCLP test (e.g., fluorescent bulbs with 

very low levels of mercury) and 

materials that for other reasons are not 

classified as Federal solid and 

hazardous wastes (i.e., CRTs that have 

met the Federal conditions for being 

excluded from the definition of solid 

waste). Rhode Island also is broader in 

scope in that it regulates certain wastes 

as universal wastes even when they are 

generated by households. See Rule 13.5 

E. The result is that under State law 

these wastes generally must be disposed 

through household hazardous waste 

collection programs. 

Seventh, as part of the current update 

of its regulations, Rhode Island is 

specifying the fees that it charges for 

TSDF permit applications and for 

applications for Transporter Temporary 

Transfer and Storage Facilities. These 

regulations are broader in scope. 

3. Equivalent but Different Provisions 

While many State regulations track 

Federal requirements identically or on a 

line-by-line basis, some differ from the 

Federal regulations in ways that 

nevertheless are equivalent to the 

Federal regulations in providing the 

same overall level of environmental 

protection with respect to each Federal 

requirement. There are various Rhode 

Island regulations which differ from but 

have been determined to be equivalent 

to the Federal regulations. These 

regulations are part of the Federally 

enforceable RCRA program. These 

different but equivalent requirements 

include the following: 

First, as part of its current update of 

its regulations, Rhode Island has 

amended the language regarding the 

Federal exemption for wastewater 

treatment units (WWTUs) in 40 CFR 

270.1(c)(2)(v) and 40 CFR 264.1(g)(6), 

rather than simply incorporating these 

Federal provisions by reference. See 

Rules 7.0 B.8. and 8.1 A.6. As explained 

above, the decision regarding how to 

classify and whether to authorize the 

Rhode Island amendment regarding zero 

discharge units is being deferred. As 

explained below, the other Rhode Island 

amendments are different from but 

equivalent to the Federal regulations. 

In Rule 7.0 B.8.(a) and 8.1 A.6.(a), the 

State specifies that for purposes of its 

RCRA regulations, WWTUs are defined 

as units that are handling hazardous 

wastes. The State’s language is 

equivalent to a portion of the Federal 

definition of WWTU in 40 CFR 260.10. 

In Rule 7.0 B.8.(b) and 8.1 A.6.(b), the 

State specifies that WWTUs may only be 

used to legitimately treat wastewaters as 

defined at 47 FR 4706 (Feb. 2, 1982). 

The State regulations further specify 

that the disposal of concentrated wastes 

down the drain into WWTUs is 

prohibited. In the above 1982 Federal 

Register document incorporated by 

reference by the State regulations, the 

EPA also has interpreted the WWTU 

exemption as not allowing for the 

dumping of concentrated wastes down 


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the drain (into WWTUs). Thus, this 

State amendment also is equivalent to 

the Federal regulations (as interpreted). 

In Rule 7.0 B.8.(c) and 8.1 A.6.(c), the 

State specifies that the WWTU 

exemption applies only to tank systems, 

and not to wastewaters when stored or 

transported in containers. For example, 

if a company generates a hazardous 

wastewater and stores it in containers 

before pouring the wastewaters from the 

containers into a wastewater treatment 

tank, the container storage will be 

regulated by RCRA. This also is 

equivalent to the Federal regulations, 

which also limit the WWTU exemption 

to tanks and tank systems. See 40 CFR 

260.10. 

In Rule 7.0 B.8(d) and 8.1 A.6(d), the 

State specifies that for facilities sending 

their hazardous wastewaters to surface 

waters or the sewers, the exemption 

applies only when the discharge point 

is ‘‘on site.’’ Thus, for example, if a 

generator plans to truck hazardous 

wastewaters to a POTW, it must handle 

them in accordance with the generator 

requirements while on site, and must 

ship them under manifest. EPA has 

interpreted the Federal WWTU 

exemption in this same way. Thus, this 

State amendment is equivalent to the 

EPA regulations (as interpreted). 

In Rule 7.0 B.8.(e) and 8.1 A.6.(e), the 

State specifies that the WWTU 

exemption applies only to those units 

that have been specifically described in 

a water permit application (e.g., in a 

schematic diagram) and specifically 

referenced in a water permit as being 

part of the facilities subject to water 

program regulation. Under the Federal 

regulations, the exemption similarly is 

limited to those units that are part of 

wastewater treatment facilities that are 

subject to regulation under section 402 

or 307(b) of the Clean Water Act. The 

State amendment is designed to ensure 

that companies are including under the 

exemption only units that legitimately 

are part of their wastewater treatment 

facilities. Thus, the State amendment 

helps to ensure that there is compliance 

with the Federal provision. Thus, the 

State amendment is equivalent to (or 

more stringent than) the Federal 

provision, as opposed to being broader 

in scope. 

Finally, the State regulations specify 

at the end of Rules 7.0 B.8. and 8.1 A.6. 

that any hazardous wastes generated 

from a WWTU must be managed in 

accordance with the State’s hazardous 

waste requirements, once it leaves the 

exempt WWTU, e.g., when a sludge is 

stored in containers on site. This also is 

consistent with the way in which the 

Federal regulations have been 

interpreted. Thus this State provision 

also is equivalent to the Federal 

regulations (as interpreted). 

Another way in which the Rhode 

Island regulations are different from but 

equivalent to the Federal regulations 

relates to the regulation of universal 

wastes. In addition to the batteries, 

pesticides, mercury containing 

equipment and mercury containing 

lamps (fluorescent bulbs) regulated by 

the EPA as universal wastes, Rhode 

Island is regulating used electronics 

(including cathode ray tubes and circuit 

boards) and silver-containing photo 

fixing solutions as universal wastes. 

Except when applied to materials that 

are not Federal hazardous wastes—see 

discussions under item 2, above, these 

Rhode Island regulations are equivalent 

to the Federal regulations rather than 

being broader in scope. Except as 

described under item 2 above, Rhode 

Island is regulating materials that also 

are regulated by the EPA in the 

hazardous waste program. The EPA also 

believes that such State regulations are 

not less stringent than the EPA 

regulations. Although Rhode Island is 

regulating as universal wastes some 

materials that are regulated as full 

hazardous wastes under the Federal 

regulations, Rhode Island has the 

authority as an authorized State to 

classify appropriate materials as 

universal wastes, subject to having 

appropriate State management 

standards. Just as the EPA may add 

additional wastes to its universal waste 

rule through the Petition Process set 

forth in 40 CFR part 273, subpart G, an 

authorized State may add additional 

universal wastes to its universal waste 

rule through an equivalent process. EPA 

Region I has reviewed the State’s 

proposals to include used electronics 

and silver-containing photo fixing 

solutions as universal wastes, and 

agrees that these wastestreams are 

appropriate for inclusion as universal 

wastes and that Rhode Island has 

adopted appropriate protective 

management standards for these wastes. 

I. How does today’s action affect Indian 

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

Island? 

Rhode Island is not authorized to 

carryout its hazardous waste program in 

Indian country within the State which 

includes the land of the Narragansett 

Indian Tribe. Therefore, this action has 

no effect on Indian country. EPA will 

continue to implement and administer 

the RCRA program in these lands. 

J. Who handles permits after the 

authorization takes effect? 

Rhode Island will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

and enforce any RCRA and HSWA 

(Hazardous and Solid Waste Act) 

permits or portions of permits which it 

has issued in Rhode Island prior to the 

effective date of this authorization until 

the State incorporates the terms and 

conditions of the Federal permits into 

the State RCRA permits. EPA will not 

issue any more new permits, or new 

portions of permits, for the provisions 

listed in this document above after the 

effective date of this authorization. EPA 

will continue to implement and issue 

permits for any HSWA requirements for 

which Rhode Island is not yet 

authorized. 

K. What is codification and is EPA 

codifying Rhode Island’s hazardous 

waste program as authorized in this 

rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. We do this by 

referencing the authorized State rules in 

40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

UU for this authorization of Rhode 

Island’s 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 for 

the purpose of RCRA 3006 and imposes 

no additional requirements beyond 

those imposed by State law. 

Accordingly, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

action authorizes pre-existing 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). For the same 

reason, this action also does not 

significantly or uniquely affect 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 


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43418 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

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, 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: July 7, 2010. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2010–18235 Filed 7–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2820, 

or (e-mail) kevin.long@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 


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