31716 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

Polymer CAS No. 

2-propenoic acid polymer, with 1,3-butadiene and 

ethenylbenzene, minimum number average 

molecular weight (in 

amu), 9400 .................. 25085-39-6 

* * * * * 

[FR Doc. 2010–13320 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260, 261, 262, 263, 264, 

265, 266, 268, and 270 

[EPA–RCRA–2008–0678; FRL–9158–5] 

RIN 2050–AG52 

Hazardous Waste Technical 

Corrections and Clarifications Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: On March 18, 2010, EPA 

published in the Federal Register a 

Direct Final rule entitled, Hazardous 

Waste Technical Corrections and 

Clarifications Rule (75 FR 12989). This 

Direct Final rule included a number of 

specific technical changes to correct or 

clarify several parts of the Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste regulations. At the 

same time, EPA also published a 

parallel Proposed Rule (75 FR 13006) for 

the same changes. EPA received adverse 

comment on four of the specific 

amendments and thus is withdrawing 

them. The four amendments being 

withdrawn are: 40 CFR 262.34(a); 40 

CFR 262.34(a)(2); 40 CFR 262.34(a)(5), 

and 40 CFR 266.20(b). As a result of 

withdrawing the amendment at 40 CFR 

262.34(a)(5), we also are withdrawing 

the related amendment at 40 CFR 

262.34(a)(1)(iv)(B). Finally, because of a 

typographical error, we also are 

withdrawing the amendment to the 

entry ‘‘K107’’ in the table at 40 CFR 

261.32(a). 

DATES: On June 16, 2010, all 

amendments go into effect that were 

published in the Federal Register at 75 

FR 12989 on March 18, 2010, except the 

following: The amendment to the entry 

‘‘K107’’ in the table at 40 CFR 261.32(a); 

the amendment to 40 CFR 262.34(a); the 

amendment to 40 CFR 

262.34(a)(1)(iv)(B); the amendment to 40 

CFR 262.34(a)(2); the amendment to 40 

CFR 262.34(a)(5), and the amendment at 

40 CFR 266.20(b) which are withdrawn 

effective June 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Jim 

O’Leary, U.S. Environmental Protection 

Agency, Office of Resource 

Conservation and Recovery (MC:5304P), 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460, Phone: (703) 

308–8827; or e-mail: 

oleary.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

18, 2010, EPA published in the Federal 

Register a Direct Final rule entitled, 

Hazardous Waste Technical Corrections 

and Clarifications Rule (75 FR 12989). 

This Direct Final rule included a 

number of specific technical changes to 

correct or clarify several parts of the 

Resource Conservation and Recovery 

Act (RCRA) hazardous waste 

regulations. At the same time, EPA also 

published a parallel Proposed Rule (75 

FR 13006) for the same changes. 

We stated in that Direct Final rule that 

if we received adverse comment on any 

amendments by May 3, 2010, the 

affected amendments in the Direct Final 

rule would not take effect and we would 

publish a timely withdrawal in the 

Federal Register of those specific 

amendments. We subsequently received 

adverse comment on four specific 

amendments: 

• 40 CFR 262.34(a) related to the 

hazardous waste accumulation time for 

large quantity generators; 

• 40 CFR 262.34(a)(2) related to the 

date upon which each period of 

accumulation begins must be clearly 

marked and visible for inspection on 

each container and tank; 

• 40 CFR 262.34(a)(5) related to the 

closure requirements for tanks, 

containers, drip pads and containment 

buildings 

• 40 CFR 266.20(b) related to 

recyclable materials used in a manner 

constituting disposal. 

Because EPA received adverse comment 

on these four amendments, we are 

withdrawing them. 

As a result of withdrawing 40 CFR 

262.34(a)(5), the related amendment at 

40 CFR 262.34(a)(1)(iv)(B) must also be 

withdrawn because the Agency had 

deleted the latter part of this particular 

regulatory citation in the Direct Final 

rule in an effort to clarify the closure 

requirements for tanks, containers, drip 

pads and containment buildings. Also, 

there was a typographical error related 

to the entry for EPA hazardous waste 

No. K107 in the table at 40 CFR 

261.32(a). We therefore are withdrawing 

this amendment as well. Thus, we are 

withdrawing six of the original 

amendments from the March 18, 2010 

Direct Final rule. 

EPA published a parallel Proposed 

Rule on the same day as the Direct Final 

rule (75 FR 13006). The Proposed Rule 

invited comment on the substance of the 

Direct Final rule. We intend to review 

the adverse comments we received with 

respect to the amendments at 40 CFR 

262.34(a), 40 CFR 262.34(a)(1)(iv)(B), 40 

CFR 262.34(a)(2), 40 CFR 262.34(a)(5), 

and 40 CFR 266.20(b) to determine the 

appropriate course of action for each 

amendment. With respect to the 

typographical error in the amendment to 

the entry for EPA hazardous waste No. 

K107 in the table at 40 CFR 261.32(a), 

we intend to publish a final rulemaking 

that will correct this mistake. As stated 

in the parallel proposal, we will not 

institute a second comment period on 

these proposed actions. 

The amendments for which we did 

not receive adverse comment will 

become effective on June 16, 2010, as 

provided in the March 18, 2010, Direct 

Final rule. 

Effective Dates 

Because there may be some confusion 

about the effective dates for the 

amendments in the Final Hazardous 

Waste Technical Corrections and 

Clarifications Rule (75 FR 12989) which 

are not being withdrawn and which go 

into effect on June 16, 2010, EPA is here 

providing further explanation for the 

three types of amendments in the Final 

Rule. The three types of amendments 

result from the fact that the amendments 

are promulgated in part under the 

authority of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA), 

and in part under non-HSWA RCRA 

authority. In addition, some 

amendments are jointly promulgated 

under the authority of the Hazardous 

Materials Transportation Act (HMTA). 

First, the following amendments to 

the manifest regulations are 

promulgated under non-HSWA RCRA 

authority and the authority of the 

Hazardous Materials Transportation 

Act: 

• 40 CFR 262.23, 

• 40 CFR 262.41, and 

• 40 CFR 262.42, and 

• 40 CFR 262.60(b). 

These non-HSWA manifest 

amendments will be implemented 

under RCRA authority on the effective 

date only in those states that do not 

have final authorization of their base 

RCRA programs. These changes will not 

therefore be implemented and enforced 

under RCRA authority in authorized 

states until the authorized states have 

revised their programs and received 

authorization for these program 

revisions. However, because these 

hazardous waste manifest requirements 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31717 

are jointly promulgated by EPA under 

RCRA authority and the Department of 

Transportation (DOT) under the federal 

hazardous materials transportation laws, 

the manifest changes will be applicable 

federally in all states under the 

authority of the Hazardous Materials 

Transportation Act (HMTA) on the 

effective date. All states will be required 

to adopt these amendments in 

accordance with the consistency 

requirements in 40 CFR 271.4(c). (See 

70 FR 10810–10811, March 4, 2005 for 

a further discussion of the effects of 

DOT hazardous materials law, RCRA 

consistency requirements, and state 

authorization on the implementation of 

the manifest.) 

Second, the following amendments 

are promulgated under the authority of 

HSWA and, because they are not more 

stringent, they will be effective on June 

16, 2010, in states that are not currently 

authorized for the section being 

amended: 

• All amendments to regulations in 

40 CFR Part 268, 

• 40 CFR 264.552, and 

• 40 CFR 266.101. 

Third, all other amendments in the 

Hazardous Waste Technical Corrections 

and Clarifications Rule which are not 

withdrawn and go into effect on June 

16, 2010, are promulgated under nonHSWA RCRA authority. These nonHSWA amendments will be applicable 

on the effective date only in those states 

that do not have final authorization of 

their base RCRA programs. 

Authorized states are required to 

modify their programs only when EPA 

promulgates federal regulations that are 

more stringent or broader in scope than 

the authorized state regulations. For 

those changes that are less stringent or 

reduce the scope of the federal program, 

states are not required to modify their 

program. This is a result of section 3009 

of RCRA, which allows states to impose 

more stringent regulations than the 

federal program. The Hazardous Waste 

Technical Corrections and Clarifications 

Rule is considered to be neither more 

nor less stringent than the current 

standards. Therefore, authorized states, 

while not required to modify their 

programs to adopt the second and third 

types of technical corrections discussed 

above are strongly urged to adopt these 

technical corrections to avoid any 

confusion or misunderstanding by the 

regulated community and the public. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 263 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 264 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds. 

40 CFR Part 265 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds, Water supply. 

40 CFR Part 266 

Environmental protection, Energy, 

Hazardous waste, Recycling, Reporting 

and recordkeeping requirements. 

40 CFR Part 268 

Environmental protection, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 270 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Reporting and 

recordkeeping requirements, Water 

pollution control, Water supply. 

Dated: May 27, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

Accordingly, EPA withdraws the 

amendment to the entry ‘‘K107’’ in the 

table 40 CFR 261.32(a), the amendment 

at 40 CFR 262.34(a), the amendment at 

40 CFR 262.34(a)(1)(iv)(B), the 

amendment at 40 CFR 262.34(a)(2), the 

amendment at 40 CFR 262.34(a)(5), and 

the amendment at 40 CFR 266.20(b) 

published in the Federal Register on 

March 18, 2010 (75 FR 12989). 

[FR Doc. 2010–13376 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XW75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod for 

American Fisheries Act Catcher 

Processors Using Trawl Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary as the 

2010 Pacific cod directed fishing 

allowance for AFA trawl catcher 

processors in the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 10, 2010, through 

2400 hrs, A.l.t., December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2010 Pacific cod total allowable 

catch (TAC) allocated to AFA trawl 

catcher processors in the BSAI is 3,467 

metric tons (mt) as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 


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