65314 Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Rules and Regulations 

Circuit: (i) When the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

This rule designating areas for the 

2006 24-hour PM2.5 NAAQS is 

‘‘nationally applicable’’ within the 

meaning of section 307(b)(1). This rule 

establishes designations for certain areas 

for the 2006 24-hour PM2.5 NAAQS. In 

addition, this action relates to the prior 

nationwide rulemakings in which the 

EPA promulgated designations for 

numerous other areas nationwide. At 

the core of this rulemaking is the EPA’s 

interpretation of the definition of 

nonattainment under section 107(d)(1) 

of the CAA, and its application of that 

interpretation to areas across the 

country. In determining which areas 

should be designated ‘‘nonattainment’’ 

(or conversely, should be designated 

attainment or unclassifiable), the EPA 

used an analytical approach that it 

applied consistently across the U.S. in 

this rulemaking, and in the prior related 

rulemakings. 

For the same reasons, the 

Administrator also is determining that 

the final designations are of nationwide 

scope and effect for the purposes of 

section 307(b)(1). In these 

circumstances, section 307(b)(1) calls 

for the Administrator to find the rule to 

be of ‘‘nationwide scope or effect’’ and 

for venue to be in the DC Circuit. Thus, 

any petitions for review of final 

designations must be filed in the Court 

of Appeals for the District of Columbia 

Circuit within 60 days from the date 

final action is published in the Federal 

Register. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: October 19, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 81, subpart C is 

amended as follows: 

PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. In § 81.303, the ‘‘Arizona—PM2.5

(24-hour NAAQS)’’ table is amended by: 

■ a. Revising the entry for ‘‘Maricopa 

County’’; and 

■ b. Revising entries for ‘‘Lands of the 

Gila River Indian Community in Pinal 

County’’ and ‘‘Lands of the Ak-Chin 

Indian Community’’. 

The revised text reads as follows. 

§ 81.303 Arizona. 

* * * * * 

ARIZONA—PM2.5 (24-HOUR NAAQS) 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 NAAQSa

Date 1 Type Date 2 Type 

*******

Maricopa County (remainder, 

excluding lands of the Gila 

River Indian Community).

Unclassifiable/Attainment ....... Unclassifiable/Attainment. 

* * * * * * * 

Lands of the Gila River Indian 

Community in Pinal County 

and Maricopa County.

Unclassifiable/Attainment ....... 11/26/2012 ............................. Unclassifiable/Attainment. 

Lands of the Ak-Chin Indian 

Community in Pinal County.

Unclassifiable/Attainment ....... 11/26/2012 ............................. Unclassifiable/Attainment. 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is 30 days after November 13, 2009, unless otherwise noted. 

[FR Doc. 2012–26405 Filed 10–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R07–RCRA–2012–0719; FRL–9744–4] 

Missouri: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize states to operate their 

hazardous waste management programs 

in lieu of the Federal program. Missouri 

has applied to EPA for final 

authorization of the changes to its 

hazardous waste program under RCRA. 

EPA has determined that these changes 

satisfy all requirements needed to 

qualify for final authorization and is 

authorizing the State’s changes through 

this immediate final action. 

DATES: This Final authorization will 

become effective on December 26, 2012 

unless EPA receives adverse written 

comment by November 26, 2012. 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 take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

RCRA–2012–0719, by one of the 

following methods: 


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1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: jackson-johnson.berla@

epa.gov. 

3. Mail or Hand Delivery: Berla 

Jackson-Johnson, Environmental 

Protection Agency, Waste Enforcement 

and Materials Management Branch, 

11201 Renner Blvd., Lenexa, Kansas 

66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–RCRA–2012– 

0719. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

whose disclosure is restricted by statute 

will not be publically available. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in hard copy form. Publicly available 

docket materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, RCRA Enforcement 

and State Programs Branch, 11201 

Renner Blvd., Lenexa, Kansas 66219. 

The Regional Office’s official hours of 

business are Monday through Friday, 

8:00 to 4:30 excluding Federal holidays. 

The interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Berla Jackson-Johnson, AWMD WEMM, 

RCRA Enforcement and State Programs 

Branch, U.S. EPA Region VII, 11201 

Renner Blvd., Lenexa, Kansas 66219, 

phone number (913) 551–7720; email 

address: Jackson-Johnson.Berla@

epamail.epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Why are revisions to state program 

necessary? 

B. What decisions has EPA made in this rule? 

C. What is the effect of today’s authorization 

decision? 

D. Why wasn’t there a proposed rule 

published before this rule? 

E. What happens if EPA receives comments 

that oppose this action? 

F. What has Missouri previously been 

authorized for? 

G. What revisions are we authorizing with 

this action? 

1. Program Revision Changes for Federal 

Rules 

H. Where are the revised missouri rules 

different from the federal rule? 

1. Rules for Which Missouri is not Seeking 

Authorization. 

2. More Stringent Missouri Rules. 

I. Who handles permits after the 

authorization takes effect? 

J. How does this action affect Indian country 

(18 U.S.S. 115) in Missouri? 

K. What is codification and is EPA codifying 

Missouri’s hazardous waste program as 

authorized in this rule? 

A. Why are revisions to state programs 

necessary? 

States that 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 that the Federal 

program. As the Federal program 

changes, a state must change its program 

accordingly 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, the state must 

change its program because of changes 

to EPA’s regulations in 40 Code of 

Federal Regulations parts 124, 260 

through 266, 268, 270, 273, and 279. 

B. What decisions has EPA made in this 

rule? 

EPA concludes that Missouri’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, EPA grants Missouri 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Missouri 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 Missouri, including 

issuing permits, until Missouri is 

granted authorization to do so. 

C. What is the effect of today’s 

authorization decision? 

This decision serves to authorize 

revisions to Missouri’s authorized 

hazardous waste program. This action 

does not impose additional 

requirements on the regulated 

community because the regulations for 

which Missouri is being authorized by 

this action are already effective and are 

not changed by this action. Missouri has 

enforcement responsibilities under its 

state hazardous waste program for 

violations of its program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Perform inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether Missouri has taken its own 

actions. 

D. Why wasn’t there a proposed rule 

published before this rule? 

EPA did not publish a proposal before 

today’s rule because EPA views this as 

a routine program change and we 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 Missouri’s 

program revisions. If EPA receives 

comments that oppose this 

authorization, that document will serve 

as a proposal to authorize the revisions 

to Missouri’s program that were the 

subject of adverse comment. 


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E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization, EPA 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 revisions on the 

proposal mentioned in the previous 

section. EPA 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 EPA receives comments that 

oppose the authorization of a particular 

revision to Missouri’s hazardous waste 

program, we will withdraw that part of 

this rule, but the authorization of the 

program revisions 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 Missouri previously been 

authorized for? 

Initially, Missouri received final 

authorization to implement its 

hazardous waste management program 

effective December 4, 1985 (50 FR 

47740). EPA granted authorization for 

revisions to Missouri’s regulatory 

program on February 27, 1989, effective 

April 28, 1989 (54 FR 8190); January 11, 

1993, effective March 12, 1993 (58 FR 

3497); and on May 30, 1997, effective 

July 30, 1997, (62 FR 29301) (document 

to correct the effective date of the rule 

to be consistent with section 801 and 

808 of the Congressional Review Act, 

enacted as part of the Small Business 

Regulatory Enforcement Fairness Act). 

Additionally, the State adopted and 

applied for interim authorization for the 

corrective action portion of the HSWA 

Codification Rule (July 15, 1985, 50 FR 

28702). For a full discussion of the 

HSWA Codification Rule, the reader is 

referred to the Federal Register cited 

above. The State was granted interim 

authorization for the corrective action 

on May 4, 1999, effective July 6, 1999 

(64 FR 23780). Missouri received 

authorization for further revisions to its 

program on February 28, 2000, effective 

April 28, 2000 (65 FR 10405; October 1, 

2011, effective November 30, 2001 (66 

FR 49841); and on April 28, 2006 (71 FR 

25079), effective June 27, 2006. 

G. What revisions are we authorizing 

with this action? 

On October 6, 2010, Missouri 

submitted a final complete program 

revision application, seeking 

authorization of additional revisions to 

its program in accordance with 40 CFR 

271.21. Missouri’s revision application 

includes regulations that are equivalent 

to, and no less stringent than revisions 

to the Federal hazardous waste program, 

as published in the Code of Federal 

Regulations as of July 1, 2006, and the 

final rule published July 28, 2006, (71 

FR 42928; effective January 29, 2007). 

We now make an immediate final 

decision, subject to receipt of written 

comments that oppose this action that 

Missouri’s hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, EPA grants 

Missouri’s authorization for the 

following program revisions: 

1. Program Revision Changes for Federal 

Rules 

Missouri seeks authority to administer 

the Federal requirements that are listed 

in Table 1. This Table lists the Missouri 

analogs that are being recognized as no 

less stringent than the analogous 

Federal requirements. Missouri’s 

regulatory references are to the Missouri 

Code of State Regulations, Title 10 

Division 25, effective June 30, 2009. 

The State’s statutory authority for the 

hazardous waste program for which it is 

seeking authorization is based on the 

following provisions from the Revised 

Statutes of Missouri (RSMo), as 

amended through the 2009 Supplement: 

Revised Statutes of Missouri, Chapter 

260, Section 260.003 and ‘‘Missouri 

Hazardous Waste Management Law’’ 

section 260.350 through 260.434. 

Missouri’s authority to incorporate the 

Federal program is found at RSMo 

536.031. 

TABLE 1—MISSOURI’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of Federal requirement (revision 

checklists 1) Federal Register Analogous Missouri authority 

RCRA Cluster XI 

NESHAPS: Final Standards for Hazardous Air 

Pollutants for Hazardous Waste Combustors, 

Revision Checklist 188.

65 FR 42292, 07/10/00; as amended 66 FR 

24270, 5/14/01; and 66 FR 35087, 7/03/01.

10 CSR 25–4.261(2)(D)4; 7.264(1). 

*10 CSR 25–7.7270(2)(D)6 is excluded from 

the authorization because Missouri only 

partially excludes 270.42(j) (see Section 

H.1.g for discussion). 

Chlorinated Aliphatics Listing and LDRs for 

Newly Identified Wastes, Revision Checklist 

189.

65 FR 67068, 11/8/00 ...................................... 10 CSR 25–4.261(1); 7.268(1). 

Land disposal Restrictions Phase IV—Deferral 

for PCBs in Soil, Revision Checklist 190.

65 FR 81373, 12/26/00 .................................... 10 CSR 25–7.268(1). 

Storage, treatment, Transportation and Disposal of Mixed Waste, Revision Checklist 

191.

66 FR 272218, 5/16/01 .................................... 10 CSR 25–7.266(1). 

Mixture and Derived—From Rules Revisions, 

Revision Checklist 192A.

66 FR 27266, 5/16/01 ...................................... 10 CSR 25–4.261(1). 

Land disposal Restrictions Correction, Revision 

Checklist 192B.

66 FR 27266, 5/16/01 ...................................... 10 CSR 25–7.268(1). 

Change of Official EPA Mailing Address, Revision Checklist 193.66 FR 34374, 6/28/01 ...................................... 10 CSR 25–3.260(1). 

RCRA Cluster XII 

Mixture and Derived From Rules Revision II, 

Revision Checklist 194.

66 FR 50332, 10/3/01; as amended 66 FR 

60153, 12/3/01.

10 CSR 25–4.261(1). 

Inorganic Chemical Manufacturing, revision 

Checklist 195.

66 FR 27266, 5/16/01 ...................................... 10 CSR 25–4.261(1). 


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TABLE 1—MISSOURI’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement (revision 

checklists 1) Federal Register Analogous Missouri authority 

CAMU Amendments, Revision Checklist 196 .... 67 FR 2962, 1/22/02 ........................................ 10 CSR 25–3.260(1). 

Hazardous Air Pollutant Standards for Combustors: Interim Standards, Revision checklist 

197.

67 FR 6792, 2/13/02 ........................................ 10 CSR 25–7.264(1); 7.265(1); 7.270(1)*. 

RCRA Cluster XIII 

National Treatment Variance for Radioactively 

Contaminated Batteries, Revision Checklist 

201.

67 FR 62618, 10/07/02 .................................... 10 CSR 25–7.268(1). 

NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors—Corrections, Revision checklist 202.67 FR 77687, 12/19/02 .................................... 10 CSR 25–7.270(1).* 

*Missouri incorporates by reference the 

changes to Federal BIFs requirements for 

which Missouri is not authorized (see Section H.1.b for discussion). 

RCRA Cluster XIV 

NEXHAP: Surface Coating of Automobiles and 

Light Duty Trucks, Revision Checklist 205.

69 FR 22601, 4/26/04 ...................................... 10 CSR 25–7.264(1); 7.265(1). 

RCRA Cluster XV 

Nonwastewaters from Productions of Dyes, Pigments, and Food, Drug and cosmetic 

Colorants, Revision Checklist 206.

70 FR 9138, 2/24/05; as amended 70 FR 

35032, 6/16/05.

10 CSR 25–4.261(1); 7.268(1). 

Uniform Hazardous Waste Manifest final rules, 

Revision Checklist 207.

70 FR 10776; 3/04/05; as amended June 16, 

2005 at 70 FR 35034.

10 CSR 25–3.260(1); 4.261(1); 5.262(1)*; 

5.262(2)(B) except (2)(B)3**; 5.262(2)(C); 

5.262(2)(E); 5.262(2)(F); 6.263(1)*; 

6.263(2)(B1; 5.264(1)*; 7.264(2)(E)1; 

5.265(1).* 

*Missouri incorporates the Federal provisions 

by reference without taking into considerations that the state cannot assume authority for certain EPA functions; EPA will continue to implement these functions (see 

Section H.1.a for discussion). 

**10 CSR 25–5.262(2)(B)(3) is not being authorized because it is related to state waste 

codes for used oil; Missouri is not authorized for the used oil program (see Section 

H.1.c for discussion). 

Testing and Monitoring Activities: Methods Innovation Rule and SW–846 Update IIIB, Revision Checklist 208.70 FR 34538, 6/14/05; as amended 70 FR 

44150, 8/01/05.

10 CSR 25–3.260(1); 3.260(2)(c); 4.261(1); 

4.261(2)(D)4; 7.264(1); 7.265(1); 7.266(1)*; 

7.268(1); 7.270(1).* 

*Missouri has incorporated by reference the 

changes to Federal BIFs requirements for 

which Missouri is not authorized (see Section H.1.b. for discussion). 

** Missouri has incorporated by reference the 

changes to 40 CFR Part 279 as indicated 

on Revision Checklist 208 without modification. However, Missouri cannot be authorized for changes to the used oil requirements because the State is not authorized 

for the used oil program (see Section H.1.c 

for discussion). 

RCRA Cluster XVI 

Revision of Wastewater Treatment Exemptions 

for Hazardous Waste Mixtures, Revision 

Checklist 211.

70 FR 57769, 10/04/05 .................................... 10 CSR 25–4.261(1). 

National Emission Standards for Hazardous Air 

Pollutants: Final Standards for Hazardous Air 

Pollutants for Hazardous Waste Combustors, 

Revision Checklist 212.

70 FR 59401, 10/12/05 .................................... 10 CSR 25–3.260(1); 7.264(1); 7.266(1)*; 

7.266(2)(H)1; 7.270(1).* 

*Missouri has incorporated by reference the 

changes to Federal BIFs requirements for 

which Missouri is not authorized (see Section H.1.b for discussion). 


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TABLE 1—MISSOURI’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement (revision 

checklists 1) Federal Register Analogous Missouri authority 

**10 CSR 25–7.270(2)(D)6 is excluded from 

the authorization because Missouri only 

partially excludes 270.42(j)(see Section 

H.1.g for discussion). 

Burden Reduction Initiative, Revision Checklist 

213.

71 FR 16862, 4/04/06 ...................................... 10 CSR 25–3.260(1)**; 4.261(1); 

4.261(2)(D)4; 7.264(1)**; 7.264(2)(B)3; 

7.264(2)(E)2; 7.264(2)(W); 7.265(1)**; 

7.265(2)(B); 7.265(2)(W); 7.266(1)*; 

7.268(1); 7.270(1)**; 7.270(2)(D)7. 

*Missouri has incorporated by reference the 

changes to Federal BIFs requirements for 

which Missouri is not authorized (see Section H.1.b for discussion). 

** Missouri is not being authorized for the definition of ‘‘Performance Track member facility’’, or the changes made by this final rule 

relative to the terminated Performance track 

program at 40 CFR 270.42, Appendix I, 

Item O (see section H.1.e for discussion). 

RCRA Cluster XVII 

Cathode Ray Tubes Rule, Revision Checklist 

215.

71 FR 42928, 7/28/06 ...................................... 10 CSR 25–3.260(1); 4.261(1)*; 4.261(2)(d)4; 

4.261(2)(E)1. 

*Missouri incorporates the Federal provisions 

by reference without taking into consideration that the State cannot assume authority for 40 CFR 261.39(a)(5), which addresses the notification requirements and other 

EPA functions relative to the exports of 

CRTs (see Section H.1.a for discussion). 

1A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules 

published in the Federal Register. EPA develops these checklists as tools to assist states in developing their authorization applications and in 

documenting specific state analogs to the Federal Regulations. For more information see EPA’s RCRA State Authorization Web page at http://

www.epa.gov/osw/laws-regs/state/index.htm. 

H. Where are the revised Missouri rules 

different from the Federal rules? 

1. Rules for Which Missouri is Not 

Seeking Authorization 

Missouri is not being authorized for 

the following RCRA revisions that are 

found in 40 CFR as of July 1, 2006: 

(a) Missouri is not seeking 

authorization for, and has appropriately 

left authority with EPA, for the majority 

of the non-delegable Federal rules that 

address specific functions for which 

EPA must retain authority, including 

treatment standards variances at 40 CFR 

268.44(a)–(g) and hazardous waste 

imports and exports (40 CFR part 262, 

subparts E and H and other related 

requirements). However, Missouri has 

not left authority to EPA for the nondelegable provisions at: 40 CFR 

261.39(a)(5)(exports of cathode ray 

tubes); 40 CFR 262.21 (Manifest 

Registry); 40 CFR 262.60(c), (d) and (e) 

(40 CFR part 262, subpart F export 

requirements); and 40 CFR 263.20(g)(4), 

264.71(a)(3), and 265.71(a)(3)(Manifest 

copies for imports and exports of 

hazardous waste). EPA will continue to 

implement these requirements as 

appropriate. 

(b) Missouri has adopted but has 

sought formal authorization and is not 

being authorized for the portions of the 

Federal program addressing the Burning 

of Hazardous Waste in Boilers and 

Industrial Furnaces (BIFs) that were 

introduced into the Federal code by a 

February 21, 1991 final rule (56 FR 

7134; Revision Checklist 85) and 

subsequently amended by the following 

Federal rules: July 17, 1991 (56 FR 

32688; revision Checklist 94); August 

27, 1991 (56 FR 42504; Revision 

Checklist 96); September 5, 1991 (56 FR 

43874; Revision Checklist 98); August 

25, 1992 (57 FR 38558; Revision 

Checklist 111); September 30, 1992 (57 

FR 44999; Revision Checklist 114); 

November 9, 1993 (58 FR 59598; 

Revision Checklist 127); and April 15, 

1998 (63 FR 18504; Revision Checklist 

164). As noted in the table in Section G, 

several of the final rules for which 

Missouri is receiving authorization 

address hazardous waste combustors 

and affect provisions from 40 CFR part 

266, subpart H, 270.22 and 270.66 that 

apply to the requirements for boilers 

and industrial furnaces. Missouri is not 

receiving authorization for these BIF 

provisions as part of this authorization. 

(c) Missouri has adopted but has not 

sought formal authorization and is not 

being authorized for the Universal 

Waste and Oil programs (40 CFR parts 

273 and 279) as addressed by the 

following final rules: Used Oil— 

September 10, 1992 (57 FR 41566; 

Revision Checklist 112); May 13, 1993 

as amended on June 17, 1993 (58 FR 

26420 and 58 FR 33341; Revision 

Checklist 122); March 4, 1994 (59 FR 

10550; Revision Checklist 130); May 6, 

1998 as amended on July 14, 1998 (63 

FR 24963 and 63 FR 37780; Revision 

Checklist 166); and July 30, 2003 (68 FR 

44659; Revision Checklist 203); and 

Universal Waste—May 11, 1995 (60 FR 

25492; Revision Checklist 142A– E); 

December 24, 1998 (63 FR 71225 

Revision Checklist 176); July 6, 1999 (64 

FR 36466; Revision Checklist 181); and 

August 5, 2005 (70 FR 45508; Revision 

Checklist 209). 

(d) Missouri has adopted but has not 

sought formal authorization and is not 

being authorized for the RCRA 

Expanded Public Participation 


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requirements introduced by the final 

rule published on December 11, 1995 

(60 FR 63417; Revision Checklist 148). 

(e) Missouri is not seeking 

authorization for the National 

Environmental Performance Track 

Program (April 22, 2004, 69 FR 21737; 

as amended October 25, 2004, 69 FR 

62217; Revision Checklist 204). On May 

14, 2009, EPA terminated the National 

Performance Track Program. In 

addition, Missouri has adopted but is 

not being authorized for the April 4, 

2006 (71 FR 16862; revision Checklist 

213) changes relative to the Performance 

Track program. 

(f) Missouri has chosen not to adopt 

nor seek authorization for the final rules 

that make up the Wood Preserving 

Listings; however, in its incorporation 

by reference of 40 CFR part 261 at 10 

CSR 25–4.261(1), Missouri has not 

excluded the changes addressed by the 

following Wood Preserving Listings 

final rules: July 1, 1991 (56 FR 30192; 

Revision Checklist 92), December 24, 

1992 (57 FR 61492; Revision Checklist 

120) and May 26, 1998 (63 FR 28556; 

Revision Checklist 167F). Similarly, 

Missouri has not excluded the final rule 

addressed by Revision Checklist 92 from 

its incorporation by reference of 40 CFR 

part 262 at 10 CSR 25–5.262(1). 

(g) At 10 CSR 25–7.270(2)(D)6., 

Missouri excludes 40 CFR 270.42(j)(1) 

and (j)(2) from the incorporation by 

reference of 40 CFR part 270. To be 

consistent with the Federal program, 

Missouri needs to amend the language 

at 10 CSR 25–7.270(2)(D)6 to exclude 

the entire 270.42(j). Due to this error the 

Missouri provision is being excluded 

from the authorization of the final rules 

addressed by Revision Checklists 188 

and 212. 

2. More Stringent Missouri Rules 

The Missouri hazardous waste 

program contains some provisions that 

are more stringent than is required by 

the RCRA program as codified in the 

July 1, 2006 edition of title 40 of the 

Code of Federal Regulations. These 

more stringent provisions are being 

recognized as a part of the Federallyauthorized program. The specific more 

stringent provisions are also noted in 

Missouri’s authorization application. 

They include, but are not limited to, the 

following: 

(a) At 10 CSR 25–5.262(2)(B) 1 and 2, 

Missouri is more stringent because the 

State requires generators to list the 

Missouri-specific acute hazardous waste 

code MH01 or MH02, as applicable, for 

wastes that are not regulated as acute 

hazardous wastes under the Federal 

program. 

(b) At 10 CSR 25–5.262(2)(E), 

Missouri is more stringent in that the 

State requires that all documents sent to 

EPA in compliance with 40 CFR 

262.54(c) and (e), also be sent to the 

Missouri Department of Natural 

Resources. 

(c) At 10 CSR 25–5.262(2)(F), 

Missouri is more stringent because it 

includes several state-specific 

requirements with which United States 

importers must also comply including 

registering as a Missouri generator and 

additional recordkeeping requirements. 

(d) At 10 CSR 25–6.263(2)(B)1, 

Missouri has adopted language in lieu of 

the Federal provisions at 40 CFR 

263.20(a) that is more stringent than the 

Federal language including 

requirements related to the licensing of 

transporters and recordkeeping 

requirements for conditionally exempt 

small quantity generator waste. 

(e) At 10 CSR 25–7.264(2)(E)1 and 2, 

in addition to the Federal requirements 

incorporated by reference at 10 CSR 25– 

7.264(1), Missouri is more stringent in 

that the state requires additional 

recordkeeping requirements for 

Treatment Storage and Disposal 

Facilities including the requirement to 

submit copies of manifests to the State. 

I. Who handles permits after the 

authorization takes effect? 

After authorization, Missouri will 

issue permits for all the provisions for 

which it is authorized and will 

administer the permits issues. EPA will 

continue to administer any RCRA 

hazardous waste permits or portions of 

permits that we issued prior to the 

effective date of this authorization. Until 

such time as formal transfer of EPA 

permit responsibility to Missouri occurs 

and EPA terminates its permit, EPA and 

Missouri 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 

Section G after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Missouri is not 

yet authorized. 

J. How does this action affect Indian 

country (18 U.S.S. 115) in Missouri? 

Missouri is not seeking authorization 

to operate the program on Indian lands, 

since there are no Federally-recognized 

Indian lands in Missouri. 

K. What is codification and is EPA 

Codifying Missouri’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. EPA does this by 

referencing the authorized State rules in 

40 CFR part 272. EPA reserves the 

amendment of 40 CFR 272, subpart AA 

for this authorization of Missouri’s 

program changes until a later date. 

Statutory and Executive Order Reviews 

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 (Pub. L. 104–4). For 

the same reason, this action would not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). In any 

case, Executive Order 13175 does not 

apply to this rule since there are no 

Federally-recognized tribes in the State 

of Missouri. 

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 that may 

disproportionately affect children. This 

rule is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001) because it is not a significant 


emcdonald on DSK67QTVN1PROD with RULES
65320 Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Rules and Regulations 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

state’s application for authorization as 

long as the state meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

authorization application to require the 

use of any particular voluntary 

consensus standard, in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

3701, et seq.) 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 18, 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. 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 is not a ‘‘major 

rule’’ as defined by U.S.C. 804(2); this 

action will be effective December 26, 

2012. 

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 202(a), 3006 and 7004(b) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: October 11, 2012. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2012–26430 Filed 10–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 11–116 and 09–158; CC 

Docket No. 98–170; FCC 12–42] 

Empowering Consumers To Prevent 

and Detect Billing for Unauthorized 

Charges (‘‘Cramming’’); Consumer 

Information and Disclosure; Truth-inBilling Format 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s document 

Empowering Consumers to Prevent and 

Detect Billing for Unauthorized Charges 

(‘‘Cramming’’); Consumer Information 

and Disclosure; Truth-in-Billing Format. 

This notice is consistent with the Report 

and Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective dates of those sections. 

DATES: The amendments to 47 CFR 

64.2401(a)(3) published at 77 FR 30915, 

May 24, 2012, is effective December 26, 

2012, to 47 CFR 64.2401(f), published at 

77 FR 30915, May 24, 2012, is effective 

November 13, 2012 with respect to 

disclosures at points of sale and on 

carriers’ Web sites, and is effective 

December 26, 2012 with respect to 

disclosures on each telephone bill. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Conway, Melissa.Conway@fcc.

gov or (202) 418–2887, of the Consumer 

and Governmental Affairs Bureau. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on October 

15, 2012, OMB approved, for a period of 

three years, the information collection 

requirements contained in the 

Commission’s Report and Order, FCC 

12–42, published at 77 FR 30915, May 

24, 2012. The OMB Control Number is 

3060–0854. The Commission publishes 

this notice as an announcement of the 

effective dates of those modified 

sections. If you have any comments on 

the burden estimates listed below, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0854, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to PRA@fcc.

gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

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

the FCC is notifying the public that it 

received OMB approval on October 15, 

2012, for the information collection 

requirements contained in the 

Commission’s modified rules at 47 CFR 

64.2401(a)(3) and (f). 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0854. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0854. 

OMB Approval Date: October 15, 

2012. 

OMB Expiration Date: October 31, 

2015. 

Title: Section 64.2401, Truth-inBilling Format, CC Docket No. 98–170 

and CG Docket No. 04–208. 

Form Number: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 


emcdonald on DSK67QTVN1PROD with RULES