Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64369

PART 180— [AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

371.

§ 180.507 [Amended]

2. In § 180.507, by amending the table

in paragraph (b), by revising the

expiration/revocation date for

Watercress from ‘‘10/30/00’’ to read

‘‘10/30/02’’.

[FR Doc. 00–27661 Filed 10–26–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6888–7]

Arizona: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Arizona has applied to EPA

for final authorization of the changes to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA has determined that

these changes satisfy all requirements

needed for final authorization, and is

authorizing the State’s changes through

this immediate final action. EPA is

publishing this rule to authorize the

changes without a prior proposal

because we believe this action is not

controversial 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

Arizona’s changes to their hazardous

waste program will take effect as

provided below. If we get comments

that oppose this action, we will publish

a document in the Federal Register

withdrawing this rule before it takes

effect. A Notice of Proposed Rulemaking

is published in this Federal Register

which authorizes the incorporation of

responses to comments or changes to

the Final Rule.

DATES: This final authorization will

become effective on December 26, 2000

unless EPA receives adverse written

comment by November 27, 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

Lisa McClain-Vanderpool, U.S. EPA,

Waste Management Division, 75

Hawthorne Street, (mailcode WST–3),

San Francisco, CA 94105. Copies of the

Arizona program revision application

and the materials which EPA used in

evaluating the revisions are available for

inspection and copying from 9:00–4:00

at the following addresses: Arizona

Department of Environmental Quality,

3033 North Central Avenue, Phoenix,

AZ 85012 and U.S. EPA Region 9,

Library, 75 Hawthorne Street, 13th

Floor, San Francisco, CA 94105; phone

(415) 744–1510.

FOR FURTHER INFORMATION CONTACT: Lisa

McClain-Vanderpool at (415) 744–2086.

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 conclude that Arizona’s

application to revise its authorized

program meets all of the statutory and

regulatory requirements established by

RCRA. Therefore, we grant Arizona final

authorization to operate its hazardous

waste program with the changes

described in the authorization

application. Arizona has responsibility

for permitting Treatment, Storage, and

Disposal Facilities (TSDFs) within its

borders (except in Indian Country) and

for carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations on its authority retained by

EPA in accordance with RCRA,

including 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 such requirements and

prohibitions. Thus, EPA will implement

those requirements and prohibitions in

Arizona, 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 Arizona 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. Arizona

continues to have enforcement

responsibilities under its state law to

pursue violations of its hazardous waste

program. EPA continues to have

independent authority under RCRA

sections 3007, 3008, 3013, and 7003,

which include, among others, the

authority to:

• Do inspections, and require

monitoring, tests, analyses or reports;

• Enforce RCRA requirements

(including state-issued statutes and

regulations that are authorized by EPA

and any applicable federally-issued

statutes and regulations) and suspend or

revoke permits; and

• Take enforcement actions regardless

of whether the State has taken its own

actions.

This action does not impose

additional requirements on the

regulated community because the

regulations for which Arizona 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 state

program changes.

E. What Happens If EPA Receives

Comments That Oppose This Action?

If EPA receives comments that oppose

this authorization, we will withdraw

this rule by publishing a document in

the Federal Register before the rule

becomes effective. EPA will base any

further decision on the authorization of

the state program changes on the

proposal mentioned in the previous

paragraph. We will then address all

public comments in a later final rule.

You may not have another opportunity

to comment. If you want to comment on

64370 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

this authorization, you must do so at

this time. If we receive 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 Arizona Previously Been

Authorized For?

Arizona initially received Final

Authorization on November 20, 1985 to

implement its base hazardous waste

management program. Arizona received

authorization for revisions to its

program on August 6, 1991, July 13,

1992, November 23, 1992, October 27,

1993, June 12, 1995, May 6, 1997 and

October 28, 1998 (63 FR 57605–57608

effective December 28, 1998).

Subsequent of these authorizations

the State of Arizona has revised its

hazardous waste program, making

conforming changes to its regulations in

line with the Federal requirements. The

EPA has reviewed these changes and

has made an immediate final decision,

subject to receipt of adverse comment,

that Arizona’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Consequently, EPA

intends to grant final authorization for

these revisions.

G. What Changes Are We Authorizing

With Today’s Action?

On May 25, 2000, Arizona submitted

a final complete program revision

application, seeking authorization of

their changes in accordance with 40

CFR 271.21. We now make an

immediate final decision, subject to

receipt of written comments that oppose

this action, that Arizona’s hazardous

waste program revision satisfies all of

the requirements necessary to qualify

for final authorization. These provisions

are analogous to the indicated RCRA

statutory provisions or Federal RCRA

regulations as of September 9, 1998. The

Arizona provisions are from the RCRA

Cluster VII and VIII hazardous waste

regulations unless otherwise stated.

Therefore, upon authorization, the

following Arizona hazardous waste

requirements that are either equivalent

or more stringent than the

corresponding federal requirements will

apply in lieu of the federal

requirements:

State requirement Federal requirement

A.A.C. R18–8–268 amended June 4, 1998 ............................................. Land Disposal Restrictions Phase III—Emergency Extension of the

K066 Capacity Variance; 62 FR 1992, January 14, 1997. (HSWA)

(Checklist 155).

A.A.C. R–18-8–8–260.A, B, C, E & F; R–18–8–261.A & B; R–18–8–

262.A & B; R–18–8–263.A; R–18–8–264.A & C; R–18–8–265.A & C;

R–18–8–266.A; R–18–8–270.A & C; all amended June 4, 1998.

Military Munitions Rule 62 FR 6622, February 12, 1997. (HSWA)

(Checklist 156).

A.A.C. R18–8–261.A & B and A.A.C. R18–8–268, amended June 4,

1998.

Land Disposal Restrictions—Phase IV 62 FR 25988, May 12, 1997.

(HSWA) (Checklist 157).

A.A.C. R18–8–260.A, B& C; R–18–8–264.A; R–18–8–266.A, amended

June 4, 1998.

Testing and Monitoring Activities Amendment III 62 FR 32452, June

13, 1997. (Non-HSWA) (Checklist 158)

A.A.C. R18–8–261.A & B; A.A.C. R18–8–268, amended June 4, 1998 Conformance with Carbamate Vacatur 62 FR 32974, June 17, 1997.

(HSWA) (Checklist 159)

A.A.C. R18–8-268, amended November 15, 1999 .................................. Land Disposal Restrictions—Phase III—Emergency Extension of the

K088 Capacity Variance, Amendment (HSWA) 62 FR 37694, July

14, 1997. (Checklist 160)

Emergency Revision of the Carbamate Land Disposal Restrictions, 62

FR 45568, August 28, 1997. (HSWA) (Checklist 161)

Clarification of Standards for Hazardous Waste LDR Treatment

Variances, 62 FR 64504, December 5, 1997 (HSWA) (Checklist

162).

A.A.C. R18–8–264.A, R18–8–265.A and R18–8–270.A, amended November 15, 1999.Organic Air Emission Standards for Tanks, Surface Impoundments,

and Containers; Classification and Technical Amendment, 62 FR

64636, December 8, 1997 (HSWA) (Checklist 163).

A.A.C. R18–8–261.A & B, amended November 15, 1999 ....................... Kraft Mill Steam Stripper Condensate Exclusion, 63 FR 18504, April

15, 1998 (Non-HSWA) (Checklist 164).

A.A.C. R18–8–261 A&b, R18–8–268, amended November 15, 1999 ....

However, Arizona is not currently incorporating the mineral processing

secondary materials exclusion portion of this rule (Checklist 167 D).

Land Disposal Restrictions Phase IV—Treatment Standards Metal

Wastes and Mineral Processing Wastes; Hazardous Soils Treatment

Standards and Exclusions; Corrections; Bevill Exclusion Revisions

and Clarifications; Exclusion of Recycled Wood Preserving Waste

Waters, 63 FR 28556, May 26, 1998 (HSWA/Non-HSWA) (Checklists 167 A, B, C, E and F).

A.A.C. R18–8–261 A&B, R18–8–270.A, amended November 15, 1999 Hazardous Waste Combustors; Revised Standards, 63 FR 33782,

June 19, 1998 (Non-HSWA) (Checklist 168).

A.A.C. R18–8–268, amended November 15, 1999 ................................. Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizer, Administrative Stay, 63 FR 46332, August 31, 1998 (HSWA) (Checklist

170).

Emergency Revision of the Land Disposal Restrictions Treatment

Standards for Listed hazardous Waste from Carbamate Production,

63 FR 47410, September 4, 1998 (HSWA) (Checklist 171).

Land Disposal Restrictions Phase IV—Extension of Compliance Date

for Characteristics Slags, September 9, 1998 (HSWA) (Checklist

172).

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64371

H. Where Are the Revised State Rules

Different From the Federal Rules?

Arizona has adopted in whole the

Federal revisions cited above. There are

no significant differences between the

Federal rules and the revised State rules

being authorized today.

I. Who Handles Permits After the

Authorization Takes Effect?

Arizona will issue permits for all the

provisions for which it is authorized

and will administer the permits it

issues. ADEQ and EPA have agreed to

a joint permitting process for RCRA

permits for those provisions of HSWA

for which ADEQ does not have

authorization. As ADEQ receives

authorization for additional provision of

HSWA, EPA will suspend issuance of

Federal permits in the state related to

those provisions.

Whenever EPA adopts standards

under HSWA for activities or wastes not

currently covered by the authorized

program, EPA may process RCRA

permits in the State for the new or

revised HSWA processes until ADEQ

has received final authorization for the

new or revised HSWA standards. At the

time the ADEQ program is authorized

for the new or revised HSWA standards,

EPA will suspend any permitting

activities in those areas. EPA will also

transfer any pending permit

applications, completed permits or

pertinent file information to ADEQ

within thirty days of the authorization

of new or revised elements of the ADEQ

program.

J. How Does Today’s Action Affect

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

Arizona?

Arizona is not authorized to carry out

its hazardous waste program in Indian

Country within the State, which

includes the Ak Chin Indian

Community of Papago Indians, Cocopah

Tribe of Arizona, Fort McDowell

Mohave-Apache Indian Community,

Gila River Pima-Maricopa Indian

Community, Havasupai Tribe, Hopi

Tribe of Arizona, Hualapai Indian Tribe,

Kaibab Band of Paiute Indians, Pascua

Yaqui Tribe of Arizona, Salt River PimaMaricopa Indian Community, San

Carlos Apache Tribe, San Juan Southern

Paiute Tribe, Tohono O’odham Nation,

Tonto Apache Tribe, White Mountain

Apache Tribe of Fort Apache

Reservation, Yavapai-Apache Nation of

Camp Verde Reservation, YavapaiPrescott Tribe, Colorado River Indian

Tribes, Navajo Nation and Fort Mojave

Indian Tribe. Therefore, this action has

no effect on Indian Country. EPA will

continue to implement and administer

the RCRA program in these lands.

K. What Is Codification and Is EPA

Codifying Arizona’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

D for authorization of Arizona’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 section 3006 and imposes no

additional requirements beyond those

imposed by state law. Accordingly, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Because this action

authorizes pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4). For the same reason,

this action also does not significantly or

uniquely affect the communities of

tribal governments, as specified by

Executive Order 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 section 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 will be effective December 26,

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).

64372 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

Dated: September 27, 2000.

Felicia Marcus,

Regional Administrator, Region 9.

[FR Doc. 00–27142 Filed 10–26–00; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–2

[FPMR Amendment A–56]

RIN 3090–AH32

Payments to GSA for Supplies and

Services Furnished Government

Agencies

AGENCY: Office of Governmentwide

Policy.

ACTION: Final rule.

SUMMARY: The General Services

Administration (GSA) is removing

Federal Property Management

Regulations (FPMR) coverage on

Payments to GSA for Supplies and

Services Furnished Government

Agencies. Adequate coverage exists in

the Department of Treasury’s

regulations. This action eliminates

unnecessary coverage in the FPMR.

EFFECTIVE DATE: This final rule is

effective October 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Michael Kosar, 202–501–2029. E-mail:

mike.kosar@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

In an effort to improve GSA’s external

directives system, GSA has undertaken

a review of the Federal Property

Management Regulations (FPMR). The

FPMR prescribes Governmentwide

regulations for real property, personal

property, and other programs and

activities within GSA’s regulatory

authority. As part of this review, GSA is

removing FPMR 101–2 because it is

procedural rather than regulatory.

Current guidance issued by the

Department of Treasury may be found in

the Treasury Financial Manual (TFM)

Vol. 1, Part 6, Chapter 4000.

B. Executive Order 12866

The General Services Administration

has determined that this final rule is not

a significant regulatory action for the

purposes of Executive Order 12866.

C. Regulatory Flexibility Act

A regulatory flexibility analysis is not

required under the Regulatory

Flexibility Act, 4 U.S.C. 601, et seq.,

because there is no requirement that the

rule be published in the Federal

Register for notice and comment.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not impose recordkeeping or

information collection requirements, or

the collection of information from

offerors, contractors, or members of the

public which require the approval of the

Office of Management and Budget under

44 U.S.C. 501 et seq.

E. Small Business Regulatory

Enforcement Fairness Act

This final rule is also exempt from

congressional review prescribed under 5

U.S.C. 801 since it relates solely to

agency management and personnel.

List of Subjects in 41 CFR Part 101–2

Government property management.

PART 101–2—[REMOVED]

Accordingly, under the authority of

Sec. 205(c), 63 Stat. 390 (40 U.S.C.

496(c)), amend 41 CFR Chapter 101 by

removing part 101–2.

Dated: October 23, 2000.

David J. Barram,

Administrator of General Services.

[FR Doc. 00–27653 Filed 10–26–00; 8:45 am]

BILLING CODE 6820–34–U

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–B–7400]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

Base (1-percent-annual-chance) Flood

Elevations is appropriate because of

new scientific or technical data. New

flood insurance premium rates will be

calculated from the modified Base Flood

Elevations for new buildings and their

contents.

DATES: These modified Base Flood

Elevations are currently in effect on the

dates listed in the table below and

revise the Flood Insurance Rate Maps in

effect prior to this determination for

each listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Associate Director for Mitigation

reconsider the changes. The modified

elevations may be changed during the

90-day period.

ADDRESSES: The modified Base Flood

Elevations 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:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

modified Base Flood Elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified Base

Flood Elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based on knowledge of changed

conditions or new scientific or technical

data.

The modifications are made pursuant

to Section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR Part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified Base Flood Elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program

(NFIP).

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

The changes in Base Flood Elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No