57734 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Rules and Regulations

by issuers to bonds that are sold before

September 26, 2000.

Bob Wenzel,

Deputy Commissioner of Internal Revenue.

Approved: September 19, 2000.

Jonathan Talisman,

Acting Assistant Secretary of the Treasury.

[FR Doc. 00–24588 Filed 9–25–00; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 4 and 24

[T.D. ATF–430 Re: T.D. ATF–418 T.D. ATF–

398, Notice No. 859 and Notice No. 869]

RIN 1512–AB71

Hard Cider; Postponement of Labeling

Compliance Date (97–2523)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Temporary rule (Treasury

decision).

SUMMARY: This temporary rule

postpones the mandatory compliance

date for the labeling of hard cider. We

are delaying the compliance date for the

temporary labeling rules so that we can

finalize the definition and the new

labeling rules in one document.

DATES: Effective date: This document is

effective September 26, 2000.

Compliance date: Compliance with

the hard cider labeling requirements in

27 CFR 4.21 and 24.257 is not

mandatory until January 31, 2001.

FOR FURTHER INFORMATION CONTACT:

Marjorie D. Ruhf, Regulations Division,

650 Massachusetts Avenue, NW,

Washington, DC 20226; (202) 927–8230;

or mdruhf@atfhq.atf.treas.gov.

SUPPLEMENTARY INFORMATION:

Background

On August 21, 1998, the Bureau of

Alcohol, Tobacco and Firearms (ATF)

issued a temporary rule to implement

various sections of the Taxpayer Relief

Act of 1997, Public Law 105–34 (’’the

Act’’). Section 908 of the Act amended

the Internal Revenue Code of 1986 (IRC)

to create a new excise tax category for

hard cider. The temporary rule, T.D.

ATF–398 (63 FR 44779) included rules

for labeling hard cider. On the same

day, ATF issued a notice of proposed

rulemaking, Notice No. 859 (63 FR

44819), inviting comments on this

temporary rule for a 60 day period. In

response to requests from the industry,

ATF reopened the comment period for

an additional 30 days on November 6,

1998, by Notice No. 869 (63 FR 59921).

Based on comments received in

response to Notice No. 859, ATF

identified one area, labeling of hard

cider, where comments indicated the

temporary rule as originally issued

imposed an unintended and

unnecessary burden. By T.D. ATF–418

(64 FR 51896], ATF postponed the

compliance date for the hard cider

labeling rules (originally February 17,

1999), so that we could develop

alternative labeling rules. At the same

time, we published Notice No. 881 (64

FR 51933) to request comments on

alternative labeling rules.

In response to Notice No. 881, we

received four generally supportive

comments on the proposed labeling

changes. However, Green Mountain

Cidery noted in its comment that we

should not place elements of the

temporary definition of hard cider in the

labeling rules, since there were many

suggested changes to that definition in

the original comments. We have not

completed the final rule related to the

definition of hard cider. Therefore, we

are delaying the compliance date for the

temporary labeling rules until January

31, 2001 so that we can finalize the

definition and the new labeling rules in

one document.

Regulatory Flexibility Act

The provisions of the Regulatory

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

relating to a final regulatory flexibility

analysis do not apply to this rule

because the agency was not required to

publish a general notice of proposed

rulemaking under 5 U.S.C. 553 or any

other law. Pursuant to 26 U.S.C. 7805(f),

this temporary rule will be submitted to

the Chief Counsel for Advocacy of the

Small Business Administration for

comment on its impact on small

business.

Executive Order 12866

It has been determined that this rule

is not a significant regulatory action as

defined by Executive Order 12866.

Therefore, a regulatory assessment is not

required.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3507)

and its implementing regulations, 5 CFR

part 1320, do not apply to this final rule

because no new collection of

information is contained in this

Treasury decision.

Administrative Procedure Act

This document merely defers a

compliance date for labeling rules for

hard cider while ATF considers

alternative labeling requirements. In

view of the immediate need to inform

the industry of this action, it is found to

be impracticable to issue this Treasury

decision with notice and public

procedure under 5 U.S.C. 553(b), or

subject to the effective date limitation in

section 553(d).

Drafting Information: Marjorie Ruhf,

of the Regulations Division, Bureau of

Alcohol, Tobacco and Firearms, drafted

this document.

List of Subjects

27 CFR Part 4

Advertising, Consumer protection,

Customs duties and inspection, Imports,

Labeling, Packaging and containers,

Wine.

27 CFR Part 24

Administrative practice and

procedure, Authority delegations,

Claims, Electronic fund transfers, Excise

taxes, Exports, Food additives, Fruit

juices, Labeling, Liquors, Packaging and

containers, Reporting and recordkeeping

requirements, Research, Scientific

equipment, Spices and flavoring, Surety

bonds, Taxpaid wine bottling house,

Transportation, Vinegar, Warehouses,

Wine.

Therefore, pursuant to the authority

set forth in 26 U.S.C. 5368 and 27 U.S.C.

205(e), ATF is postponing the

compliance date with respect to the use

of the term ‘‘hard cider’’ set forth in 27

CFR 4.21(e)(5) and 24.257(a)(3)(iii) and

(iv) to January 31, 2001.

Dated: August 7, 2000.

Bradley A. Buckles,

Director.

Dated: August 16, 2000

John P. Simpson,

Deputy Assistant Secretary, (Regulatory,

Tariff and Trade Enforcement).

[FR Doc. 00–24668 Filed 9–25–00; 8:45 am]

BILLING CODE 4810–31–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6875–3]

Pennsylvania: Final Authorization of

State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Commonwealth of

Pennsylvania (Commonwealth) has

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Rules and Regulations 57735

applied to EPA for Final authorization

of 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 Commonwealth’s

changes through this immediate final

action. EPA is publishing this rule to

authorize the changes without a prior

proposal because we view this as a

routine program change and do not

expect comments that oppose it. Unless

we get written comments which oppose

this authorization during the comment

period, the decision to authorize

Pennsylvania’s changes to its hazardous

waste program will take effect as

provided below. If we get comments

that oppose this action, or portions

thereof, we will publish a document in

the Federal Register withdrawing this

rule, or portions thereof, before it takes

effect, and a separate document in the

proposed rules section of this Federal

Register will serve as a proposal to

authorize the changes.

DATES: This Final authorization will

become effective on November 27, 2000,

unless EPA receives adverse written

comment by October 26, 2000. 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 effect.

ADDRESSES: Send written comments to

Charles Bentley, Mailcode 3WC21,

RCRA State Programs Branch, U.S. EPA

Region III, 1650 Arch Street,

Philadelphia, PA 19103–2029, Phone

number: (215) 814–3379. We must

receive your comments by October 26,

2000. You can view and copy

Pennsylvania’s application from 8 a.m.

to 4:30 p.m., Monday through Friday at

the following addresses: Pennsylvania

Department of Environmental

Protection, Bureau of Land Recycling

and Waste Management, P.O. Box 8471,

Rachel Carson State Office Building,

Harrisburg, PA 17105–8471, Phone

number (717) 787–6239; Pennsylvania

Department of Environmental

Protection, Southwest Regional Office,

400 Waterfront Drive, Pittsburgh, PA

15222–4745, Phone number: (412) 442–

4120; and EPA Region III, Library, 2nd

Floor, 1650 Arch Street, Philadelphia,

PA 19103–2029, Phone number: (215)

814–5254. Persons with a disability may

use the AT&T Relay Service to contact

Pennsylvania Department of

Environmental Protection by calling

(800) 654–5984 (TDD users), or (800)

654–5988 (voice users).

FOR FURTHER INFORMATION CONTACT:

Charles Bentley, Mailcode 3WC21,

RCRA State Programs Branch, U.S. EPA

Region III, 1650 Arch Street,

Philadelphia, PA 19103–2029, Phone

number: (215) 814–3379.

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?

EPA concludes that Pennsylvania’s

application to revise its authorized

program meets all of the statutory and

regulatory requirements established by

RCRA. Therefore, we grant

Pennsylvania Final authorization to

operate its hazardous waste program

with the changes described in the

authorization application. Pennsylvania

has responsibility for permitting

treatment, storage, and disposal

facilities (TSDFs) within its borders and

for carrying out the aspects of the RCRA

program described in 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 those requirements

and prohibitions in Pennsylvania,

including issuing permits, until the

State is granted authorization to do so.

C. What Is the Effect of Today’s

Authorization Decision?

The effect of this decision is that a

facility in Pennsylvania subject to RCRA

will have to comply with the authorized

Commonwealth requirements instead of

the equivalent Federal requirements in

order to comply with RCRA.

Pennsylvania has enforcement

responsibilities under its state

hazardous waste program for violations

of such program, but EPA retains

authority under RCRA sections 3007,

3008, 3013, and 7003, which include,

among others, authority to:

• Do inspections, and require

monitoring, tests, analyses or reports

• Enforce RCRA requirements and

suspend or revoke permits

• Take enforcement actions regardless

of whether the Commonwealth has

taken its own actions.

This action does not impose

additional requirements on the

regulated community because the

regulations for which Pennsylvania is

being authorized by today’s action are

already effective, 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 rule because we view this as a

routine program change and do not

expect 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

Commonwealth program changes. If

EPA receives comments which oppose

this authorization, or portion(s) thereof,

that document will serve as a proposal

to authorize such 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 Commonwealth’s program changes

on the proposal mentioned in the

previous paragraph. We will then

address all public comments in a later

final rule. You may not have another

opportunity to comment. If you want to

comment on this authorization, you

must do so at this time.

If we receive comments that oppose

only the authorization of a particular

change to the Commonwealth hazardous

waste program, we may 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.

57736 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Rules and Regulations

F. What Has Pennsylvania Previously

Been Authorized for?

Pennsylvania’s Solid Waste

Management Act of July 7, 1980 (Public

Law 380, No. 97), as amended (Act 97),

provided for the ‘‘regulation of the

management of municipal, residual and

hazardous waste’’ within the

Commonwealth, and authorized the

Department of Environmental Resources

(DER) and the Environmental Quality

Board (EQB) to ‘‘adopt rules,

regulations, standards and procedures’’

to carry out the provisions of the act.

The Commonwealth received Final

authorization from EPA to implement

its base hazardous waste program

effective January 30, 1986 (51 FR 1791;

January 15, 1986).

On July 1, 1995, the DER was divided

into two separate agencies through the

enactment of House Bill 1400, the

Conservation and Natural Resources

Act. Through this legislation, the

environmental protection aspects of the

former Department of Environmental

Resources were placed in a newly

created Department of Environmental

Protection.

On February 16, 1999, the EQB

adopted amendments to the

Commonwealth’s hazardous waste

regulations by deleting the existing text

at Chapters 260 through 267, 269 and

270, and renumbering or adding new

hazardous waste regulations in Chapters

260a through 266a, 266b and 268a

through 270a. After a public comment

period, the Commonwealth’s regulations

became effective on May 1, 1999. The

new Chapters incorporate by reference

the Code of Federal Regulations (CFR)

in effect as of May 1, 1999, including

subsequent modifications and additions.

G. What Changes Are We Authorizing

With Today’s Action?

On August 10, 2000, Pennsylvania

submitted a final, complete program

revision application, seeking

authorization of its hazardous waste

regulations, in accordance with 40 CFR

271.21. EPA Region III worked closely

with Pennsylvania to develop the

authorization package. Therefore, EPA’s

comments relative to Pennsylvania’s

legal authority to carry out aspects of

the Federal program for which

Pennsylvania is seeking authorization;

the scope of and coverage of activities

regulated; and Commonwealth

procedures, including the criteria for

permit reviews, public participation and

enforcement capabilities, were

addressed before the submission of the

final application by the Commonwealth.

The Commonwealth also solicited

public comments on its proposed

regulations before they were adopted.

The EPA has reviewed Pennsylvania’s

application, and now makes an

immediate final decision, subject to

receipt of adverse written comment, that

Pennsylvania’s hazardous waste

program revisions satisfy all of the

requirements necessary to qualify for

Final authorization. Consequently, EPA

intends to grant Pennsylvania Final

authorization for the program

modifications contained in the program

revision application.

Pennsylvania’s program revision

application includes Commonwealth

statutory and regulatory changes to the

Commonwealth’s authorized hazardous

waste program, including the adoption

of the Federal hazardous waste

regulations published through July 6,

1999 (including the codified Federal

regulations plus the Federal rule

published in the Federal Register on

July 6, 1999), with certain exceptions

described in section H.

Pennsylvania is today seeking

authority to administer the Federal

requirements that are listed in the chart

below. This chart also lists the

Commonwealth analogs that are being

recognized as equivalent to the

appropriate Federal requirements.

Unless otherwise stated, the

Commonwealth’s statutory references

are to the Solid Waste Act, Act of July

7, 1980 (Public Law 380, No. 97), as

amended, Title 35, Pennsylvania

Statutes (1993) (35 P.S.), sections

6018.102–105, 6018.401–404, 6018.501–

507, 6018.608 and 6018.610, 6018.1001;

Right-to-Know Law, Act of June 21,

1957 (Public Law 390), as amended, (65

P.S. sections 66.1 et. seq.); Section

1920–A of the Administrative Code of

1929, Act of April 9, 1929 (Public Law

177), as amended, 71 P.S. 510–21; and

Administrative Agency Law, Act of

November 25, 1970 (Public Law 707), as

amended, section 602 (2 Pa. C.S.A.

sections 504–506). The regulatory

references are to Title 25, Pennsylvania

Code (25 Pa. Code), Chapters 260a

through 266a, 266b, 268a, and 270a,

effective May 1, 1999.

Federal requirement Analogous Pennsylvania Authority

Base Program through RCRA Cluster IX

40 CFR Part 260—Hazardous Waste Management System:

General, as of July 1, 1999.

Title 35, Pennsylvania Statutes (35 P.S.) 6018.102, 6018.103, 6018.104(1),

6018.104(6), 6018.105(a); Title 25, Pennsylvania Code (25 Pa. Code), Chapter

260a.

(More stringent provision: 260a.20).

40 CFR Part 261—Identification and Listing of Hazardous

Waste, as of July 1, 1999.

35 P.S. 6018.102, 6018.103, 6018.104(1), 6018.104(6), 6018.105(a) and

6018.402; 25 Pa. Code, Chapter 261a, except 261a.5(c) and 261a.6(d).

(More stringent provisions: 261a.3, 261a.4, 261a.5(b) and 261a.6(c)).

40 CFR Part 262—Standards Applicable to the Generators of

Hazardous Wastes, as of July 1, 1999.

35 P.S. 6018.104(1), 6018.104(6), 6018.105(a), 6018.401(a) and 6018.403; 25

Pa. Code, Chapter 262a.

(More stringent provisions: 262a.20(5), 262a.22, 262a.23(a)(2), and 262a.100).

40 CFR Part 263—Standards Applicable to the Transporters

of Hazardous Wastes, as of July 1, 1999.

35 P.S. 6018.104(1), 6018.104(6), 6018.105(a), 6018.401, 6018.403,

6018.404(b), 6018.501(b), 6018.502, 6018.503, 6018.505(e) and 6018.610(6);

25 Pa. Code, Chapter 263a, except §§ 263a.12, 263a.13, 263a.23 through

263a.26, and 263a.32.

(More stringent provisions: 263a.20(2) and 263a.30).

40 CFR Part 264—Standards for Owners and Operators of

Hazardous Waste Treatment, Storage, and Disposal Facilities, as of July 1, 1999.

35 P.S. 6018.102(4), 6018.104(1), 6018.104(6), 6018.105(a), 6018.401,

6018.403, 6018.501, 6018.502, 6018.505, 6018.506, 6018.507 6018.608(2); 25

Pa. Code, Chapter 264a, except §§ 264a.11, and 264a.78 through 264a.83.

(More stringent provisions: 264a.1(b)(4), 264a.13, 264a.15, 264a.18, 264a.56,

264a.71, 264a.97, 264a.173, 264a.180, 264a.194, 264a.195, 264a.221,

264a.251, 264a.273, 264a.276, and 264a.301(1) & (2)).

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Rules and Regulations 57737

Federal requirement Analogous Pennsylvania Authority

40 CFR Part 265—Interim Status Standards for Owners and

Operators of Hazardous Waste Treatment, Storage, and

Disposal Facilities, as of July 1, 1999.

35 P.S. 6018.102, 6018.104(1), 6018.104(6), 6018.104(7), 6018.105(a),

6018.403, 6018.404(a) and 6018.1001; 25 Pa. Code, Chapter 265a, except

§§ 265a.11 and 265a.78 through 265a.83.

(More stringent provisions: 265a.13, 265a.15, 265a.18, 265a.56, 265a.71,

265a.173, 265a.175, 265a.179, 265a.194, 265a.195, 265a.382).

40 CFR Part 266—Standards for the Management of Specific

Hazardous Wastes and Specific Types of Hazardous

Waste Management Facilities, as of July 1, 1999.

35 P.S. 6018.102(4), 6018.104(1), 6018.104(6), 6018.105(a), 6018.401,

6018.403, 6018.501(b), 6018.502, 6018.507 and 6018.608(2); 25 Pa. Code,

Chapter 266a, except §§ 266a.70(1), 266a.80(b).

(More stringent provisions: 266a.70(2), 266a.80(a)).

40 CFR Part 268—Land Disposal Restrictions, as of July 1,

1999.

35 P.S. 6018.102, 6018.104(1), 6018.104(6), 6018.105(a) and 6018.401(a); 25

Pa. Code, Chapter 268a.

40 CFR Part 270—The Hazardous Waste Permit Program,

as of July 1, 1999.

35 P.S. 6018.102, 6018.103, 6018.104, 6018.105(b), 6018.401, 6018.403(a),

6018.501, 6018.502, 6018.503, 6018.504 and 6018.610; 65 P.S. 66.1 et seq.;

§ 71 P.S. § 510–21; 2 Pa. C. S.A. 504–506; 25 Pa. Code, Chapter 270a, except 270a.3, 270a.10(b) & (c), 270a.29(b), 270.41(1)–(6), 270a.80 through

270a.84, 270a.10(b) & (c), 270a.29(b), 270a.41(1)–(6), 270a.80 through

270a.84.

(More stringent provisions: 270.1(b), 270a.4, 270a.13, 270a.29(a), 270a.41 introductory paragraph, 270a.43, and 270a.60(b) & (c)).

40 CFR Part 124—Permit Procedures, as of July 1, 1999 ..... 35 P.S. 6018.102, 6018.103, 6018.104, 6018.105(b), 6018.401, 6018.403(a),

6018.501, 6018.502, 6018.503, 6018.504 and 6018.610; 25 Pa. Code, Chapter

270a, 270a.41(1)–(6), 270a.10(c), 270a.29(b), 270a.80 and 270a.81.

(More stringent provisions: 270a.41(6) and 270a.80(a)(4)).

40 CFR Part 273—Standards for Universal Waste Management, as of July 1, 1999.35 P.S. 6018.102, 6018.104, 6018.105; 25 Pa. Code, Chapter 266b, except

266b.50(a).

(More stringent provision: 266b.60).

Non-HSWA Cluster II

Radioactive Mixed Waste (MW) (51 FR 24504, July 3, 1986) 35 P.S. 6018.102, 6018.103, 6018.104(1) & (6) and 6018.105(a).

HSWA Cluster I

Sharing of Information With the Agency for Toxic Substances

and Disease Registry (SI) (RCRA 3019(b)).

35 P.S. 6018.104(2) and 6018.502(c). 25 Pa. Code, 270a.82.

RCRA Cluster X

Universal Waste Rule: Specific Porvisions for Hazardous

Waste Lamps (64 FR 36466–36490, July 6, 1999).

35 P.S. 6018.102, 6018.104 and 6018.105; 25 Pa. Code, Chapter 266b.1 and

266b.30(a).

H. Where Are the Revised

Commonwealth Rules Different From

the Federal Rules?

The Pennsylvania hazardous waste

program contains several provisions

which are more stringent than the

Federal RCRA program. The more

stringent provisions are being

recognized as a part of the Federallyauthorized program and are Federally

enforceable. The specific more stringent

provisions are noted in the chart above

and in the Commonwealth’s

authorization application, and include,

but are not limited to, the following:

1. At 25 Pa. Code section 261a.5(b),

Pennsylvania is more stringent than 40

CFR 261.5(f)(3)(iv)&(v) and

261.5(g)(3)(iv)&(v) because

conditionally-exempt small quantity

generators may not dispose of hazardous

waste in a municipal or residual waste

landfill in Pennsylvania. The Federal

program allows disposal in such

facilities.

2. At 25 Pa. Code section 262a.100,

Pennsylvania requires generators to

prepare a source reduction strategy

every five years, or sooner if there is a

change in the type of waste generated or

in the manufacturing process. This

requirement is in addition to the Federal

requirements at 40 CFR 262.41(a)(6) &

(7), which Pennsylvania has

incorporated by reference, to report

waste minimization efforts biennially.

3. Pennsylvania’s requirements at 25

Pa. Code sections 264a.221 and

264a.301 are more stringent than the

Federal requirements for surface

impoundments and landfills at 40 CFR

264.221(a) & (c) and 264.301(a) & (c),

respectively. The Commonwealth

requires that surface impoundments and

landfills must be designed to maintain

a minimum distance of four feet

between the bottom of the liner and

seasonal high water table without the

use of artificial or manmade drainage or

dewatering systems. In addition, the

distance between the top of the subbase

and the regional water table must be at

least eight feet. The Federal

requirements do not specify such

minimum distances.

A number of the Commonwealth’s

regulations are not being authorized by

today’s actions. Such provisions

include, but are not limited to, the

following:

1. Pennsylvania has regulations

defining how program information is to

be shared with the public, but is not

seeking authorization at this time for the

Availability of Information requirements

relative to RCRA section 3006(f).

2. Pennsylvania is not seeking

authority for the Federal corrective

action program. EPA will continue to

administer this part of the program. The

Commonwealth is planning to apply for

the corrective action program in a

subsequent authorization revision

application.

3. At 25 Pa. Code sections 270a.83

and 270a.84, Pennsylvania has analogs

to the Federal expanded public

participation requirements as found in

40 CFR 124.31 and 124.33, respectively.

However, because the Commonwealth

has not adopted an analog to 40 CFR

124.32, the Commonwealth is not being

authorized for the Federal rule

57738 Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Rules and Regulations

published on December 11, 1995 (60 FR

63417; Revision Checklist 148).

4. The Commonwealth has adopted,

but is not seeking authorization for, the

organobromine production wastes

provisions addressed by the final rules

published in the Federal Register on

May 4, 1998 (63 FR 24596), June 29,

1998 (63 FR 35147) and August 10, 1998

(63 FR 42580).

5. Pennsylvania has incorporated the

Federal hazardous waste export

provisions at 40 CFR part 262, subparts

E and H into its regulations at 25 Pa.

Code sections 262a.55 and 262a.80.

However, the Commonwealth is not

seeking authorization for these

provisions at this time. EPA will

continue to implement those

requirements as appropriate.

6. Pennsylvania is not seeking

authorization for the Federal used oil

regulations at this time. The

Commonwealth’s current used oil

regulations are being revised to more

closely follow the Federal standards.

The Commonwealth’s regulations

contain several requirements that go

beyond the scope of the Federal

program, and thus are not part of the

program being authorized by today’s

action. EPA cannot enforce these

requirements which are broader in

scope, although compliance with these

provisions is required by

Commonwealth law. Such provisions

include, but are not limited to, the

following:

1. Pennsylvania’s regulations at 25 Pa.

Code section 263a place requirements

on transporters that are not part of the

Federal regulations. Transporters in

Pennsylvania must obtain a license from

the Department, must pay a hazardous

waste transportation fee, must post a

bond, and must prepare an in-transit

preparedness, prevention and

contingency plan.

2. Hazardous waste management

facilities are subject to siting

requirements in Chapter 269a which are

beyond the scope of the Federal

program.

3. Pennsylvania requires hazardous

waste storage, treatment and disposal

facilities to pay hazardous waste

management fees, administration fees,

and permit application fees. Federal

regulations do not require such fees.

I. Who Handles Permits After the

Authorization Takes Effect?

After authorization, Pennsylvania will

issue permits covering all the provisions

for which it is authorized and will

administer the permits it issues. EPA

will continue to administer any RCRA

hazardous waste permits or portions of

permits which we issued prior to the

effective date of this authorization until

the timing and process for effective

transfer to the Commonwealth are

mutually agreed upon. Until such time

as formal transfer of EPA permit

responsibility to the Commonwealth

occurs and EPA terminates its permit,

EPA and the Commonwealth agree to

coordinate the administration of permits

in order to maintain consistency. We

will not issue any more new permits or

new portions of permits for the

provisions listed in the Chart above after

the effective date of this authorization.

EPA will continue to implement and

issue permits for HSWA requirements

for which Pennsylvania is not yet

authorized.

J. How Does Today’s Action Affect

Indian Country (18 U.S.C. 115) in

Pennsylvania?

Pennsylvania is not seeking authority

to operate the program on Indian lands,

since there are no Federally-recognized

Indian Lands in the Commonwealth.

K. What Is Codification and Is EPA

Codifying Pennsylvania’s Hazardous

Waste Program as Authorized in This

Rule?

Codification is the process of placing

the Commonwealth’s statutes and

regulations that comprise the

Commonwealth’s authorized hazardous

waste program into the Code of Federal

Regulations. We do this by referencing

the authorized Commonwealth rules in

40 CFR part 272. We reserve the

amendment of 40 CFR part 272, subpart

NN, for this authorization of

Pennsylvania’s program changes until a

later date.

L. Administrative Requirements

The Office of Management and Budget

has exempted this action from the

requirements of Executive Order 12866

(58 FR 51735, October 4, 1993), and,

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 (Public Law 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 13084

(63 FR 27655, May 10, 1998). 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 and it does not

make decisions based on environmental

health or safety risks.

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.

Federal Register / Vol. 65, No. 187 / Tuesday, September 26, 2000 / Rules and Regulations 57739

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 will be effective November 27,

2000.

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).

Bradley M. Campbell,

Regional Administrator, Region III.

[FR Doc. 00–24566 Filed 9–25–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 54, 61, and 69

[CC Docket Nos. 96–262; 94–1; 99–249; 96–

45; FCC 00–193]

Access Charge Reform, Price Cap

Performance Review for Local

Exchange Carriers, Low-Volume LongDistance Users, and Federal-State

Joint Board on Universal Service;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: On June 21, 2000 (65 FR

38684), we published final rules which

adopted an integrated interstate access

reform and universal service proposal

put forth by the members of the

Coalition for Affordable Local and Long

Distance Service (CALLS). This

document contains corrections to those

rules and includes a revision to § 69.3,

which was inadvertently omitted.

DATES: Effective on June 21, 2000.

FOR FURTHER INFORMATION CONTACT:

Jennifer McKee, Common Carrier

Bureau, Competitive Pricing Division,

(202) 418–1520.

SUPPLEMENTARY INFORMATION: The

Federal Communications Commission

published a document amending parts

54, 61 and 69 of the Commission’s rules

in the Federal Register on June 21,

2000, (65 FR 38684). This document

corrects the Federal Register as it

appeared. In rule FR Doc. 00–15170,

published on June 21, 2000, (65 FR

38684), the Commission is correcting

§§ 54.701(g)(1)(i); 54.702(i); 54.705(c)(1),

(c)(1)(i), (c)(1)(ii), (c)(1)(iv), and (c)(1)(v);

54.715(c); Subpart J table of contents;

54.800(i), (j), (o), (q); 54.801(a), (b), (c),

and (d); 54.802 heading, (a), (b), (b)(1)(i),

(b)(2), (d)(2), (d)(3), and (d)(4); 54.803(b)

and (b)(2); 54.804; 54.805(a), and (a)(2);

54.806 heading, (a), (b), (c)(1), (e), (f), (i),

(i)(1), (i)(2), (j), and (j)(2); 54.807(a), (b),

and (c); 54.808; 54.809(c); Part 61

authority; 61.3(d)(1), (d)(3), (d)(4), (e),

(m), (w), (aa), (bb), (cc), and (zz);

61.41(c)(3); 61.45(b)(1)(i), (b)(1)(ii),

(b)(1)(iii)(A), (b)(2), (c), (d), (d)(2),

(i)(1)(i), (i)(1)(ii)(B), (i)(3), and (i)(4)(ii);

61.46(a), and (d); 61.47(i)(5); 61.48(i)(2),

(l), (m), and (o)(1); 69.3(h); 69.4(d)(1);

69.152(d)(1)(i), (e)(1), (e)(1)(ii)(B), (h),

(h)(1), (h)(2), (k)(1)(i), (k)(1)(ii)(A),

(k)(1)(ii)(B), Note to (k)(1), (q), (q)(1),

(q)(2), (q)(5), (q)(6), (q)(7), and (q)(8);

69.153(a); 69.157; and 69.158 of the

Commission’s rules.

PART 54—[CORRECTED]

§ 54.701 [Corrected]

1. On page 38689, in the third

column, in § 54.701 paragraph (g)(1)(i),

the first line, correct ‘‘the Schools and

Libraries Division,’’ to read ‘‘The

Schools and Libraries Division,’’.

§ 54.702 [Corrected]

2. On page 38690, in the first column,

in § 54.702 paragraph (i), the last line,

correct ‘‘high cost’’ to read ‘‘high-cost’’.

§ 54.705 [Corrected]

3. On page 38690, in the first column,

in § 54.705 paragraph (c)(1), the third

and fourth lines, correct ‘‘high-cost and

low-income support’’ to read ‘‘high cost

and low income support’’.

4. On the same page, in the second

column, in § 54.705 paragraph (c),

wherever it appears, correct ‘‘high-cost,

low-income,’’ to read ‘‘high cost, low

income,’’.

§ 54.715 [Corrected]

5. On page 38690, in the second

column, in § 54.715 paragraph (c), the

fourteenth and fifteenth lines, correct

‘‘high-cost support mechanism, the lowincome support mechanism,’’ to read

‘‘high cost support mechanism, the low

income support mechanism,’’.

Subpart J—[Corrected]

6. On page 38690, in the third

column, in the table of contents,

wherever it appears, correct ‘‘LECs’’ to

read ‘‘local exchange carriers’’.

7. On the same page, in the same

column, in the table of contents, correct

the heading for § 54.804 to read ‘‘54.804

Preliminary minimum access universal

service support for a study area

calculated by the Administrator.’’

§ 54.800 [Corrected]

8. On page 38690, in the third

column, in § 54.800, correct paragraphs

(i) and (j) to read:

* * * * *

(i) Price Cap Local Exchange Carrier

is defined in § 61.3(aa) of this chapter.

(j) Preliminary Minimum Access

Universal Service Support for a Study

Area is the amount calculated pursuant

to § 54.804.

* * * * *

9. On page 38691, in the first column,

in § 54.800 paragraph (o), the third line,

correct ‘‘LEC’’ to read ‘‘local exchange

carrier’’.

10. On the same page, in the same

column, in § 54.800, correct paragraph

(q) to read:

* * * * *

(q) Zone Average Revenue per Line.

The amount calculated as follows:

Zone Average Revenue per Line = (25% *

(Loop + Port)) + U (Uniform revenue per

line adjustment)

Where:

Loop = the price for unbundled loops in a

UNE zone.

Port = the price for switch ports in that UNE

zone.

U = [(Average Price Cap CMT Revenue per

Line month in a study area * price cap

local exchange carrier Base Period Lines)—

(25% * Σ (price cap local exchange carrier

Base Period Lines in a UNE Zone * ((Loop

+ Port) for all zones)))] ÷ price cap local

exchange carrier Base Period Lines in a

study area.

§ 54.801 [Corrected]

11. On page 38691, in the first and

second columns, in § 54.801, wherever

it appears, correct ‘‘LECs’’ to read ‘‘local

exchange carriers’’.

12. On the same page, in the same

columns, in § 54.801, wherever it

appears, correct ‘‘LEC’’ to read ‘‘local

exchange carrier’’.

13. On the same page, in the second

column, in § 54.801 paragraph (d), the

thirteenth and fourteenth lines, correct

‘‘average CMT Revenue per Line per

Month’’ to read ‘‘Average CMT Revenue

per Line month’’.

§ 54.802 [Corrected]

14. On page 38691, in the second

column, in § 54.802, correct the heading

to read ‘‘§ 54.802 Obligations of local

exchange carriers and the

Administrator.’’

15. On the same page, in the second

and third columns, in § 54.802,