10464 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

Because EPA is not taking comment

on this correction, it is therefore not

subject to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a major rule as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Ozone.

Dated: February 7, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

Accordingly, part 81, chapter I, title

40 of the Code of Federal Regulations is

amended as follows:

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 81.336 amended by

revising the entry for Montgomery

County in the table entitled ‘‘Ohio

Ozone’’ to read as follows:

§ 81.336 Ohio

* * * * *

OHIO—OZONE

Designated area

Designation Classification

Date Type Date Type

* * * * * * *

Dayton-Springfield Area:

* * * * *

Montgomery County ................................................................... July 5, 1995 .............. Attainment

* * * * *

* * * * * * *

[FR Doc. 97–5620 Filed 3–6–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5699–5]

Nevada: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Arizona has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has completed

its review of Arizona’s application and

has made a decision, subject to public

review and comment, that Arizona’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Thus,

EPA intends to approve Arizona’s

hazardous waste program revisions.

Arizona’s application for program

revision is available for public review

and comment.

DATES: Final authorization for Arizona

is effective May 6, 1997 unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Arizona’s

program revision application must be

received by the close of business April

7, 1997.

ADDRESSES: Copies of Arizona’s program

revision application are available during

the business hours of 9:00 a.m. to 5:00

p.m. at the following addresses for

inspection and copying:

Arizona Department of Environmental

Quality, 3033 N. Central Avenue,

Phoenix, AZ 85012, Contact: Russell

F. Rhoades, Director, Phone: 602/207–

4211 or 1–800–234–5677

U.S. EPA Region IX Library-Information

Center, 75 Hawthorne Street, San

Francisco, CA 94105 Phone: 415/744–

1510

Written comments should be sent to:

Lisa McClain-Vanderpool, U.S. EPA

Region IX (WST–3), 75 Hawthorne

Street, San Francisco, CA 94105,

Phone: 415/744–2086.

FOR FURTHER INFORMATION CONTACT: Lisa

McClain-Vanderpool , U.S. EPA Region

IX (WST–3), 75 Hawthorne Street, San

Francisco, CA 94105, Phone: 415/744–

2086.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6926(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. Revisions to

State hazardous waste programs are

necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 260–

266, 268, 124, 270 and 279.

B. Arizona

Arizona received final authorization

for the base program on November 20,

1985. Arizona has since received final

authorization for revisions to its

hazardous waste program, on August 6,

1991, July 13, 1992, and November 23,

1992, October 27, 1993 and June 12,

1995. These revisions include

substantially all the Federal RCRA

implementing regulations published in

the Federal Register through July 1,

1993. On September 30, 1996, Arizona

submitted an application for additional

revision approvals. Today, Arizona is

seeking approval of its program

revisions in accordance with 40 CFR

271.21(b)(3).

EPA has reviewed Arizona’s

application, and has made an immediate

final decision that Arizona’s hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to approve final

authorization for Arizona’s hazardous

waste program revisions. The public

may submit written comments on EPA’s

immediate final decision up until April

7, 1997. Copies of Arizona’s
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10465

applications for program revision are

available for inspection and copying at

the locations indicated in the

‘‘Addresses’’ section of this notice.

Approval of Arizona’s program

revisions is effective in 60 days unless

an adverse comment pertaining to the

State’s revisions discussed in this notice

is received by the end of the comment

period. If an adverse comment is

received, EPA will publish either (1) a

withdrawal of the immediate final

decision or (2) a notice containing a

response to the comment which either

affirms that the immediate final

decision takes effect or reverses the

decision.

Arizona is applying for authorization

for changes and additions to the Federal

RCRA implementing regulations that

occurred between July 1, 1993 and July

1, 1995, consisting of the following

Federal hazardous waste regulations:

Federal requirement State analog

Boilers and Industrial Furnaces: changes for Consistency with New Air Regulations (58 FR

38816, July 20, 1993).

Arizona Revised Statutes (ARS) 49–922.A&B;

Arizona Administrative Code (AAC)R18–8–

260.A,B&C and 266.A.

Testing and Monitoring Activities (58 FR 46040, August 31, 1993) ............................................... ARS 49–922.A&B; AAC R18–8–260.A,B,C &

G, 261.A&B, 264.A, 265.A, 268, 270.A.

Boilers and Industrial Furnaces; Administrative Stay and Interim Standards for Bevill Residues

(58 FR 59598, November 9, 1993).

ARS 49–922.A&B; AAC R18–8–266.A.

Wastes from the use of Chlorophenolic Formulations in Wood Surface Protection (59 FR 458,

January 4, 1994).

ARS 49–922.A&B; AAC R18–8–260.A,B&C,

261.A&B.

Revision of Conditional Exemption for Small Scale Treatability Studies (59 FR 8362, February

18, 1994).

ARS 49–922.A&B; AAC R18–8–261.A,B&E.

Recordkeeping Instructions; Technical Amendment (59 FR 13891, March 24, 1994) .................. ARS 49–922.A&B; AAC R18–8–264.A, 265.A.

Wood Surface Protection; Correction (59 FR 28484, June 2, 1994) ............................................. ARS 49–922.A&B; AAC R18–8–260.A,B&C.

Letter of Credit Revision (59 FR 29958, June 10, 1994) ............................................................... ARS 49–922.A&B; AAC R18–8–264.A&L.

Correction of Beryllium Powder (59 FR 31551, June 20, 1994) .................................................... ARS 49–922.A&B; AAC R18–8–261.A&B, 268.

Recovered Oil Exclusion (59 FR 38536, July 28, 1994) ................................................................ ARS 49–922.A&B; AAC R18–8–261.A&B,

266.A&B.

Removal of the Conditional Exemption for Certain Slag Residues (59 FR 43496, August 24,

1994).

ARS 49–922.A&B; AAC R18–8–266.A and

268.

Universal Treatment Standards and Treatment Standards for Organic Toxicity Characteristics

Wastes and Newly Listed Wastes (59 FR 47982, September 19, 1994)

ARS 49–922.A&B; AAC R18–8–261.A&B,

264.A, 265.A, 266.A and 268.

Organic Air Emissions Standards for Tanks, Surface Impoundments and Containers (59 FR

62896, December, 6, 1994).

ARS 49–922.A&B; AAC R18–2–901; R18–8–

260.A,B&C, 262.A,B&E, 264.A, 265.A and

270.A.

Testing and Monitoring Activities Amendment I (60 FR 3089, January 13, 1995) ........................ ARS 49–922.A&B; AAC R18–8–260.A,B&C.

Carbamate Production*, Identification and Listing of Hazardous Waste (60 FR 7824, February

9, 1995).

ARS 49–922.A&B; AAC R18–8–261.A,B&L.

Testing and Monitoring Activities Amendment II (60 FR 17001, April 4, 1995) ............................. ARS 49–922.A&B; AAC R18–8–260.A,B&C.

Universal Waste Rule (60 FR 25492, May 11, 1995) ..................................................................... ARS 49–922.A&B; AAC R18–8–

260.A,B,C,E&F, 261.A,B&G, 262.A&B,

264.A, 265.A, 266.A, 268, 270.A, 273.

Organic Emission Standards for Tanks, Surface Impoundments and Containers: Amendment

(60 FR 26828, May 19, 1995).

ARS 49–922.A&B; AAC R18–8–264.A, 265.A

and 270.A.

Removal of Legally Obsolete Rules (60 FR 33912, June 29, 1995) .............................................. ARS 49–922.A&B; AAC R18–8–261.A&B,

266.A, 270.A,C,E&F.

*Pursuant to the November 1, 1996 decision of the U.S. Court of Appeals for the District of Columbia Circuit in Dithiocarbamate Task Force v.

EPA (No. 95–1249), EPA’s waste listing decisions for the following waste numbers in the Carbamate Production and Listing of Hazardous Waste

Rule (February, 1995) have been vacated and therefore are not presently part of the Federally authorized program in Arizona approved in this

FEDERAL REGISTER notice: (1) 24 challenged U wastes (U277, U365, U366, U375, U377, U376, U378, U379, U381, U382, U383, U384, U385,

U386, U390, U391, U392, U393, U396, U400, U401, U402, U403, U407), (2) K160 waste, and (3) K wastes K156, K157 and K158 to the extent

they apply to the product IPBC.

The State is responsible for issuing,

denying, modifying, reissuing and

terminating permits for all hazardous

waste treatment, storage and disposal

facilities in a manner consistent with all

Federal requirements for which Arizona

is authorized. Arizona is not being

authorized to operate any portion of the

hazardous waste program on Indian

lands.

C. Decision

I conclude that Arizona’s application

for program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Arizona is granted final authorization to

operate its hazardous waste program as

revised.

Arizona is now responsible for

permitting treatment, storage, and

disposal facilities within its borders and

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 (Pub. L. 98–

616, November 8, 1984) (‘‘HSWA’’).

Arizona also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

section 3007 of RCRA and to take

enforcement actions under sections

3008, 3013 and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

authorization will not have a significant

economic impact on a substantial

number of small entities. Such small

entities which are hazardous waste

generators, transporters, or which own

and/or operate TSDFs are already

subject to the regulatory requirements

under existing State law which are
10466 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

being authorized by EPA. EPA’s

authorization does not impose any

additional burdens on these small

entities. This is because EPA’s

authorization would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on these small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 U.S.C. 605(b), I hereby certify that

this authorization will not have a

significant economic impact on a

substantial number of small entities.

This authorization approves regulatory

requirements under existing State law to

which small entities are already subject.

It does not impose any new burdens on

small entities. This rule, therefore, does

not require a regulatory flexibility

analysis.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under sections 202 and

205 of the UMRA, EPA generally must

prepare a written statement of economic

and regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, that

may result in expenditures to State,

local, and tribal governments, in the

aggregate, or to the private sector, of

$100 million or more in any one year.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because the requirements of the Arizona

program are already imposed by the

State and subject to State law. Second,

the Act also generally excludes from the

definition of a ‘‘Federal mandate’’ duties

that arise from participation in a

voluntary Federal program. Arizona’s

participation in an authorized

hazardous waste program is voluntary.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to State, local

and/or tribal governments already exist

under the Arizona’s program, and

today’s action does not impose any

additional obligations on regulated

entities. In fact, EPA’s approval of state

programs generally may reduce, not

increase, compliance costs for the

private sector.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, section 203 of the UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may be hazardous waste

generators, transporters, or own and/or

operate TSDFs, they are already subject

to the regulatory requirements under

existing state law which are being

authorized by EPA, and, thus, are not

subject to any additional significant or

unique requirements by virtue of this

program approval.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous materials transportation,

Hazardous waste, Indian lands,

Intergovernmental relations, Penalties,

Reporting and Record keeping

requirements, Water pollution control,

Water supply.

Authority: This notice 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, and

6974(b).

Dated: February 17, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–5622 Filed 3–6– 97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[ET Docket No. 94–45; FCC 97–31]

Marketing and Equipment

Authorizations

AGENCY: Federal Communications

Commission

ACTION: Final rule

SUMMARY: By this Report and Order, the

Commission amends its regulations to

consolidate and harmonize the

marketing rules, as proposed in the

Notice of Proposed Rule Making in this

proceeding. This amendment permits

radio frequency devices, prior to

authorization or a determination of

compliance with the technical

standards, to be announced, advertised,

displayed, and operated for compliance

testing, demonstrated at trade shows, or

evaluated at the manufacturer’s

facilities. In addition, non-consumer

devices that have not been tested or

authorized can be offered for

conditional sale or supplied to the user

for evaluation or compliance testing.

The equipment authorizations

regulations are also amended to provide

clarification, to resolve inconsistencies,

to remove unnecessary restrictions and

obsolete regulations, and to incorporate

several interpretations. These

amendments will stimulate economic

growth by permitting products to be

developed on a cooperative basis by

manufacturers and retailers, and by

potentially decreasing the time for a

product to reach the marketplace.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT: John

A. Reed, Office of Engineering and

Technology, (202) 418–2455.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in ET Docket No. 94–45,

adopted February 3, 1997, and released

February 12, 1997.

The complete text of this Report and

Order is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, N.W., Washington,

D.C., and also may be purchased from

the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, D.C. 20037.

Summary of the Report and Order

1. In the Report and Order, the

Commission amended Part 2 of its rules

regarding the marketing and operation

of radio frequency (RF) devices.