Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68915

that this action will not have a

substantial direct effect on 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, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that 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.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

V. Submission to Congress and the

Comptroller General

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 rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: October 27, 2000.

Donald R. Stubbs,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180— [AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

371.

§ 180.510 Pyriproxyfen; tolerances for

residues.

2. In § 180.510, amend the table in

paragraph (b) by revising the Expiration/

revocation date ‘‘8/31/00’’ to read ‘‘12/

31/02’’ for the commodity ‘‘Stone Fruits

(Crop Group 12).’’

[FR Doc. 00–28811 Filed 11–14–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6900–5]

Massachusetts: Interim Authorization

of State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Commonwealth of

Massachusetts has applied to EPA for

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 interim

authorization, and is authorizing the

State’s changes through this immediate

final action. The interim authorization

is for Massachusetts to assume the

responsibility under the Toxicity

Characteristics Rule (‘‘TC Rule’’) for

regulating Cathode Ray Tubes (‘‘CRTs’’).

Massachusetts already has been granted

final authorization to regulate all other

hazardous wastes under the TC Rule.

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 grant interim

authorization to Massachusetts for

changes to their hazardous waste

program will take effect. If we get

comments that oppose this action, we

will publish a document in the Federal

Register withdrawing this rule before it

takes effect and the separate document

in the proposed rules section of this

Federal Register will serve as the

proposal to authorize the changes.

DATES: This interim authorization will

become effective on January 16, 2001

and remain in effect until January 1,

2003 unless EPA receives adverse

written comment by December 15, 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 immediate

effect.

ADDRESSES: Send any written comments

to Robin Biscaia, EPA New England,

One Congress Street, Suite 1100 (CHW),

Boston, MA 02114–2023; telephone:

(617) 918–1642. Copies of the

Commonwealth of Massachusetts’

revision application and the materials

which EPA used in evaluating the

revision (the ‘‘Administrative Record’’)

are available for inspection and copying

during normal business hours at the

following locations: Massachusetts

Department of Environmental Protection

Library, One Winter Street—2nd Floor,

Boston, MA 02108, business hours: 9

a.m. to 5 p.m., telephone: (617) 292–

5802; or EPA New England Library, One

Congress Street—11th Floor, Boston,

MA 02114–2023, business hours: 9 a.m.

to 4 p.m., telephone: (617) 918–1990.

FOR FURTHER INFORMATION CONTACT:

Robin Biscaia, Hazardous Waste

Program Unit, Office of Ecosystems

Protection, EPA New England, One

Congress Street, Suite 1100 (CHW),

Boston, MA 02114–2023, telephone:

(617) 918–1642.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State

Programs Necessary?

States which have been authorized to

administer the Federal hazardous waste

program under RCRA section 3006(b),

42 U.S.C. 6926(b), have a continuing

obligation to update their programs to

meet revised Federal requirements. 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 revise 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. For

example, States must revise their

programs to regulate the additional

wastes determined to be hazardous as a

result of using the Toxicity

Characteristics Leaching Procedure

(‘‘TCLP’’) test adopted by the EPA on

March 29, 1990, in the TC Rule. 55 FR

11798. The EPA may grant final

68916 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations

authorization to a State revision if it is

equivalent to, consistent with, and no

less stringent than Federal RCRA

requirements.

In the alternative, as provided by

RCRA section 3006(g), 42 U.S.C.

6926(g), for updated Federal

requirements promulgated pursuant to

the Hazardous and Solid Waste

Amendments of 1984 (HSWA), such as

the TC Rule, the EPA still may grant

interim (i.e., temporary) authorization to

a State revision so long as it is

substantially equivalent to Federal

RCRA requirements. This interim

authorization may run until no later

than January 1, 2003. 40 CFR 271.24.

B. What Decisions Have We Made in

This Rule?

1. Background

The TC Rule grants authority over

wastes which first became classified as

hazardous as a result of using the

‘‘TCLP’’ test, such as many CRTs. See 55

FR 11798, 11847–11849 (March 29,

1990). CRTs are the glass picture tubes

found inside television and computer

monitors. Because of their high lead

content, CRTs generally fail the TCLP

test. Thus, under the EPA’s regulations,

CRTs generally become hazardous

wastes when they are discarded (e.g.,

when sent for disposal or reclamation

rather than being reused).

In order to encourage recycling, the

EPA allows States to reduce RCRA

regulatory requirements for certain

widely-generated hazardous wastes

under the Universal Waste Rule. 60 FR

25492 (May 11, 1995). In August 1998,

however, the Massachusetts Department

of Environmental Protection (‘‘DEP’’)

instead amended its regulations to

completely exempt intact CRTs from all

hazardous waste requirements. At the

time, the DEP had pending before the

EPA an application for final

authorization of the TC Rule. Because

the DEP’s exemption of intact CRTs

resulted in a State program that was not

equivalent to or as stringent as Federal

RCRA requirements, the EPA proposed

to limit its approval of the

Massachusetts TC Rule to all wastes

other than CRTs. 64 FR 9110 (February

24, 1999). EPA granted final

authorization to Massachusetts to

administer the TC Rule for all wastes

other than CRTs on October 12, 1999. 64

FR 55153.

2. Recent State Action

On August 4, 2000, Massachusetts

adopted regulations which revised its

regulatory program as it relates to CRTs.

The State replaced its exemption of

intact CRTs with a three-part approach:

(1) Intact CRTs being disposed will be

subject to full hazardous waste

requirements (along with crushed or

ground up CRTs); (2) intact CRTs that

may still be reused (without

reclamation) generally will be exempt

from hazardous waste requirements;

and, finally, (3) intact CRTs which will

not be reused, but which instead will be

crushed and recycled (i.e., as spent

materials being reclaimed), will be

subject to reduced requirements which

substantially track the EPA’s universal

waste requirements.

Documentation relating to the State’s

new approach may be found in EPA’s

Administrative Record. The documents

include Massachusetts’ revised

Hazardous Waste Regulations and Solid

Waste Regulations, as adopted on

August 4, 2000, a Q & A Guidance

document (which will serve as the

Program Description as required by 40

CFR 271.24 and 271.21 for revisions to

State programs), and an Attorney

General’s Statement.

3. The Decision

As further explained in a legal

memorandum contained in the

Administrative Record, dated January

21, 2000 entitled ‘‘Massachusetts’’

Regulation of CRTs,’’ the EPA believes

that the State program is ‘‘substantially

equivalent’’ to Federal RCRA

requirements. Therefore, we are granting

Massachusetts interim authorization to

regulate CRTs under the TC Rule as

described in the authorization

application. Pursuant to 40 CFR 271.24,

this interim authorization will expire on

January 1, 2003, at which time the

authority to regulate the CRTs will

revert to the EPA unless final

authorization for this waste has been

granted or unless EPA’s regulations are

amended to extend the January 1, 2003

deadline for interim authorization (in

which case today’s interim

authorization may be extended).

Massachusetts 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 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 Massachusetts,

including issuing permits, until the

State is granted authorization to do so.

The State’s new three-part approach

regarding CRTs is substantially

equivalent to Federal requirements.

With respect to intact CRTs being

disposed, as well as crushed and

ground-up CRTs, the State is now

tracking the full Federal hazardous

waste requirements. With respect to

intact CRTs that may still be reused, the

State has formulated an exemption

which makes sense for this unusual

waste stream. As explained in the EPA’s

January 21 legal memorandum, the

State’s exemption is at least

substantially equivalent to Federal

exemptions for products and materials

used or reused as effective substitutes

for products.

With respect to intact CRTs heading

to reclamation, the State’s program

differs from the Universal Waste Rule in

that these CRTs will be regulated as

non-hazardous solid wastes under State

law rather than as universal wastes. In

addition, the State’s regulations will not

be as detailed or comprehensive as the

universal waste requirements. While the

State’s differing approach would be

problematic if the State was now

seeking final authorization, the EPA

believes that the State program

nevertheless is ‘‘substantially

equivalent’’ to Federal hazardous waste

requirements. The State regulations

track key provisions of the universal

waste regulations. In addition, the DEP

has submitted these regulations to be

authorized as part of the Federally

enforceable hazardous waste program.

Thus, at the Federal level, these

regulations will be fully enforceable as

part of the hazardous waste program.

These regulations also will be fully

enforceable under State law, utilizing

enforcement authority covering the

State’s solid waste programs.

The DEP’s classification of intact

CRTs heading for reclamation as solid

waste will not change their status when

sent to foreign countries since the DEP’s

proposed solid waste regulations specify

that hazardous waste requirements must

then be followed. See 310 CMR

16.05(3)(f)(3). The DEP’s classification

will not bind other States, since when

there is interstate transportation, the

requirements of States to and through

which the wastes are shipped will

apply. See Program Description, item

14; See also 64 FR 36466, 36482–36483

(July 6, 1999).

CRTs are different from most

hazardous wastes. For example, a large

percentage of them come from

households. Effective management of

CRTs involves encouraging charitable

organizations, households and small

businesses to participate in the

collection, reuse and recycling effort.

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68917

The DEP has put together a program to

encourage CRT recycling, which

includes banning the disposal of even

household CRTs in Massachusetts solid

waste facilities. All of this counsels in

favor of flexibly applying RCRA by

approving the State’s program on an

interim basis. Interim approval will

enable the State to start-up its program

without needing to address the

additional requirements applicable to

final authorization. However,

acceptance of the DEP’s unusual

approach for CRTs, on an interim basis,

should not be regarded as a precedent

for other types of situations or wastes.

It also should be emphasized that the

DEP’s proposed reduced regulations

will apply only to intact CRTs. While

the DEP plans to allow incidental

numbers of unintentionally broken

CRTs to be handled under the reduced

regulations, intentionally broken CRTs

or multiple CRTs broken due to poor

housekeeping will be subject to full

hazardous waste requirements. Also,

full hazardous waste requirements will

apply to disposal of CRTs, whether

intact or broken, thus prohibiting such

things as abandoning CRTs in

warehouses or ‘‘midnight dumping.’’

4. Prior Comments Received Regarding

EPA’s Proposed Rule To Authorize

Massachusetts for the UWR and TC Rule

Except for CRTs

The EPA has received various

comments to its proposed rule of

February 24, 1999 (64 FR 9110)

regarding whether or not Massachusetts

should have been granted final

authorization to regulate CRTs

notwithstanding the DEP’s prior

exemption of intact CRTs from all

hazardous waste requirements. The EPA

does not plan to respond to these

comments because the EPA and DEP

have instead agreed upon the new

approach described above. The issue

now before the EPA is whether to grant

an interim authorization for the

regulation of CRTs in light of the State’s

new approach.

C. What Is the Effect of Today’s

Authorization Decision?

The effect of this decision is that for

CRTs regulated under the TC Rule, a

facility in Massachusetts subject to

RCRA will have to comply with the

newly authorized State requirements

instead of the Federal requirements in

order to comply with RCRA. The

Commonwealth of Massachusetts has

enforcement responsibilities under its

State hazardous and solid waste

programs for violations of such

programs, but EPA also retains its full

authority under RCRA sections 3007,

3008, 3013, and 7003.

This action does not impose

additional requirements on the

regulated community because the state

regulations for which interim

authorization to Massachusetts is being

granted by today’s action are already in

effect 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 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

this authorization, you must do so at

this time.

F. What Has Massachusetts Previously

Been Authorized for?

Massachusetts initially received Final

Authorization on January 24, 1985,

effective February 7, 1985 (50 FR 3344)

to implement its base hazardous waste

management program. We granted

authorization for changes to their

program on September 30, 1998,

effective November 30, 1998 (63 FR

52180) and October 12, 1999, effective

that date (64 FR 55153).

G. What Changes Are We Authorizing

in Today’s Action

On October 11, 2000 Massachusetts

submitted a complete program revision

application seeking authorization of

their changes in accordance with 40

CFR 271.24. We now make an

immediate final decision, subject to

receipt of written comments that oppose

this action, that Massachusetts’

hazardous waste program revision

satisfies all of the requirements

necessary to qualify for interim

authorization.

The specific RCRA program revisions

for which the EPA grants interim

authorization to Massachusetts are

listed in the table below. The Federal

requirements in the table are identified

by their checklist numbers and rule

descriptions. The following

abbreviations are used in defining

substantially equivalent state authority:

MGL = Massachusetts General Laws;

CMR = Code of Massachusetts

Regulations.

68918 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations

Description of Federal requirement and checklist reference No. Analogous state authority1

Consolidated Checklist for the Toxicity Characteristic Revisions as of

June 30, 1994.

(74) Toxicity Characteristic Revisions: 55 FR 11798, 3/29/90 as

amended on 6/29/90, 55 FR 26986; (80) Hydrocarbon Recovery Operations: 55 FR 40834, 10/5/90 as amended on 2/1/91, 56 FR 3978

as amended on 4/2/91, 56 FR 13406, optional rule (MA is not seeking authorization for this provision): (84) Chlorofluoro Refrigerants: 56

FR 5910, 2/13/91, optional rule, (MA is not seeking authorization for

this provision); (108) Toxicity Characteristics Revision; Technical

Correction: 57 FR 30657, 7/10/92; (117B) Toxicity Characteristic Revision: 57 FR 23062, 6/1/92, (correction not applicable; MA is not

seeking authorization for this provision); (119) Toxicity Characteristic

Revision, TCLP: 57 FR 55114, 11/24/92, optional rule (MA is not

seeking authorization for this provision)..

MGL c 21C §§ 4 and 6, enacted 11/9/79; 310 CMR 30.099(25) adopted

11/9/90, 30.104(13) adopted 10/17/97, 30.105 adopted 11/17/95,

30.125B adopted 11/9/90, 30.130 adopted 11/9/90 and 30.155B

adopted 11/9/90 and amended 10/17/97.

310 CFR 30.010 (definitions of ‘‘CRT’’ and ‘‘Non-commodity CRT’’) and

310 CMR 30.104(21), as amended through 8/4/000.

310 CMR 16.02, 16.05(2)(e), 16.05(3)(f), 16.05(5)(f) and 16.05(11), as

amended through 8/4/00.

310 CMR 19.017(3)(a), (c) and Table 310 CMR 19.017(3) (as to nonhousehold CRTs), and 19.043(5)(k), as amended through 8/4/00.

310 CMR 11.03, as amended through 8/4/00.

MGL c. 21A, § 13 and MGL c. 111, § 150A, as amended through 8/4/

00.

(The Massachusetts regulatory citations above are approved as they

relate to CRTs.)

1The Commonwealth of Massachusetts’ provisions are from the Code of Massachusetts Regulations, 310 CMR 11.00, 16.00 and 310 CMR

19.00, Solid Waste Regulations as adopted through August 4, 2000 and 310 CMR 30.000, Hazardous Waste Regulations as adopted through

August 4, 2000.

H. Where Are the Revised State Rules

Different From the Federal Rules?

The differences between the State and

Federal regulations with respect to CRTs

are discussed in section B above.

Notwithstanding these differences, the

EPA believes that the State regulations

are substantially equivalent to the

Federal regulations and, thus, the State

qualifies to receive interim

authorization. During the interim

authorization period, for CRTs regulated

under the TC Rule, these state

regulations will operate in lieu of the

Federal hazardous waste regulations.

The State hazardous and solid waste

regulations listed in the chart above in

section E will be enforceable under both

Federal and state law. The one

exception is that the State’s ban on the

disposal of even household CRTs at

Massachusetts solid waste facilities goes

beyond the scope of the Federal

hazardous waste program and will be

enforceable only under State law.

I. Who Handles Permits After This

Authorization Takes Effect?

Massachusetts will issue permits for

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. EPA will continue to

implement and issue permits for HSWA

requirements for which Massachusetts

is not yet authorized.

J. How Does Today’s Action Affect

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

Massachusetts?

Massachusetts is not authorized to

carry out its hazardous waste program

in Indian country within the State.

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 Massachusetts’ 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 are today

authorizing, but not codifying the

enumerated revisions to the

Massachusetts program. We reserve the

amendment of 40 CFR part 272, subpart

W for the codification of Massachusetts’

program 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

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68919

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

(sixty) days after publication pursuant

to the procedures governing immediate

final rules.

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: November 2, 2000.

Mindy S. Lubber,

Regional Administrator, EPA New England.

[FR Doc. 00–29059 Filed 11–14–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–B–7328]

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% 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 Map(s)

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 following table.

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 upon 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

environmental impact assessment has

been prepared.

Regulatory Flexibility Act. The

Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because modified base

flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4105, and are required to

maintain community eligibility in the

NFIP. No regulatory flexibility analysis

has been prepared.

Regulatory Classification. This

interim 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 12612, Federalism.

This rule involves no policies that have

federalism implications under Executive

Order 12612, Federalism, dated October

26, 1987.

Executive Order 12778, Civil Justice

Reform. This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR Part 65 is

amended to read as follows: