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[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Proposed Rules]               
[Page 43478-43479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy10-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2010-0561; FRL-9179-6]

 
Rhode Island: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The State of Rhode Island has applied to EPA for final 
authorization of changes to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). EPA proposes to grant 
final authorization to Rhode Island. EPA has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization, and is authorizing the State's changes through an 
immediate final action.

DATES: Comments must be received on or before August 25, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2010-0561, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: biscaia.robin@epa.gov.
     Fax: (617) 918-0642, to the attention of Robin Biscaia.
     Mail: Robin Biscaia, RCRA Waste Management Section, Office 
of Site Remediation and Restoration (OSRR 07-1), EPA New England--
Region I, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
     Hand Delivery or Courier: Deliver your comments to: Robin 
Biscaia, RCRA Waste Management Section, Office of Site Restoration and 
Remediation (OSRR 07-1), EPA New England--Region I, 5 Post Office 
Square, Suite 100, Boston, MA 02109-3912. Such deliveries are only 
accepted during the Office's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    For further information on how to submit comments, please see 
today's immediate final rule published in the ``Rules and Regulations'' 
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, RCRA Waste Management 
Section, Office of Site Remediation and Restoration (OSRR 07-1), EPA 
New England--Region I, 5 Post Office Square, Suite 100, Boston, MA 
02109-3912, telephone number: (617) 918-1642; fax number: (617) 918-
0642, e-mail address: biscaia.robin@epa.gov.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of 
this Federal Register, EPA is authorizing the changes by an immediate 
final rule (except with respect to the zinc fertilizer rule). EPA did 
not make a proposal prior to the immediate final rule because we 
believe this action is not controversial and do not expect adverse 
comments that oppose it. We have explained the reasons for this 
authorization in the preamble to the immediate final rule. Unless we 
get written adverse comments which oppose this authorization during the 
comment period, the immediate final rule will become effective on the 
date it establishes, and we will not take further action on this 
proposal. If we get comments that oppose this action, we will withdraw 
the immediate final rule and it will not take immediate effect. We will 
then respond to public comments in a later final rule based on this 
proposal. You may not have another opportunity for comment. If you want 
to comment on this action, you should do so at this time.
    With respect to the zinc fertilizer rule (checklist 200), we think 
that there may be adverse comments that oppose the Federal 
authorization of the State for this rule. Thus, we are not including 
the authorization of the zinc fertilizer rule within the immediate 
final rule. Rather, we are proposing to authorize Rhode Island for the 
zinc fertilizer rule in this proposed rule. Any approval of Rhode 
Island to implement the zinc fertilizer rule will occur only through a 
later separate final rule, which will be issued only after considering 
any public comments. Anyone wishing to comment on our proposal to 
authorize Rhode Island for the zinc fertilizer rule must also do so at 
this time.
    We are proposing to authorize Rhode Island for the zinc fertilizer 
rule because, through Rules 2.2 C and 2.2 H, Rhode Island has 
incorporated by reference the Federal zinc fertilizer rule exactly. 
When a State incorporates by reference Federal requirements exactly, 
the State is being equivalent to and consistent with the Federal rule. 
Any commenter opposed to EPA's adoption of the zinc fertilizer rule 
should have addressed his or her comments to the EPA prior to the 
Federal adoption of the rule. Any commenter opposed to Rhode Island's 
adoption of the rule should have addressed his or her comment to Rhode 
Island before the State adopted the rule. While Rhode Island has the 
right to be more stringent and not adopt the rule, Rhode Island also 
has the right not to be more stringent and to adopt the Rule. 
Commenters wishing a State to be more stringent should make sure to

[[Page 43479]]

submit their comments to the State, rather than waiting to ask EPA not 
to authorize the State for the rule.

    Dated: July 7, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2010-18234 Filed 7-23-10; 8:45 am]
BILLING CODE 6560-50-P
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