58520 Federal Register / Vol. 60, No. 228 / Tuesday November 28, 1995 / Rules and Regulations

(7) Prior to tending hawser; (8) Prior to transiting Point Pinellas Channel Light I in either direction.

(c) Each Navigational Advisory required by this section shall bemade inthe English language and will contain the following information:

(1)The words "Hello all vessels, a Navigational Advisory follows"

(2) Name ofvessel; (3) Ifengaged intowing, the nature of the tow-

(4) Direction ofMovement; (5)Present location; and, (6) The nature ofany hazardous conditions as defined by 33 CFR 160.203.

(d) Nothing in this section shall supersede either the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or theInland Navigation Rules, as applicable, or relieve the Master or person in charge of the vessel ofresponsibility for the safe navigation ofthe vessel.

Dated: October 19, 1995. Roger T. Rufe, Jr., Rear Admiral,U.S. CoastGuard,Commander, Seventh CoastGuardDistrict. [FR Doc. 95-29049 Filed 11-27-95; 8:45 am]

BILLING CODE 4910-14-M

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 271 [FRL-6334-7] Oregon: Affirmation ofImmediate Final Rule To Authorize State Hazardous Waste Program Revision AGENCY, Environmental Protection Agency (EPA). ACTION: Affirmation ofimmediate final rule and response to comments. SUMMARY: The Environmental Protection Agency (EPAor the Agency) today is responding to a significant adverse comment received inresponse to EPA's published decision inthe Federal Register atVol. 60, No. 195, FR 52629, October 10, 1995, to grant final authorization ofOregon's hazardous waste program revision under the Resource Conservation and Recovery Act, as amended (RCRA). After consideration of thecomment, EPA's decision that Oregon's hazardous waste program revision satisfies all ofthe requirements necessary to qualify for final authorization remains unchanged. Thus, EPA approves Oregon's hazardous waste program revision and authorization ofthe revised program shallbecome effective on December 7 1995. EFFECTIVE DATE: December 7 1995. FOR FURTHER INFORMATION CONTACT: Cheryl Williams. U.S. EPA, M/S HW105, 1200 Sixth Avenue, Seattle, Washington 98101, Phone (206) 553- 2137
SUPPLEMENTARY INFORMATION: A. Background

EPA published an Immediate Final Rule in the Federal Register Vol. 60, No. 195 on October 10, 1995, FR 52629, stating thatauthorization ofa revision to Oregon's hazardous waste program "shall become effective on December 7 1995, unless significant adverse comments on Oregon's program revision application are received by the close of business on November 8, 1995." One significant comment was received on November 8, 1995, by the Techmcal Staffofthe Confederated Tribes ofthe Umatilla Indian Reservation. EPA's Immediate Final Decision explained -thatifan adverse comment was received, EPA would publish either "(1) A withdrawal ofthe Immediate Final Decision or (2) a notice containing a response to comments which either affirms that the Immediate Final Decision takes effect orreverses the decision." EPA does not believe that the significant adverse comment made by the Technical Staff ofthe Confederated Tribes ofthe Umatilla Indian Reservation (Techmcal Staff ofCTUIR

orTechnical Staff)merits a withdrawal ofthe Immediate Final Decision. However, EPAbelieves that a response to the Technical Staff ofCTUIR is important to address the concerns raised and to affirm that the Immediate Final Decision will take effect as described.
B. Comments Regardingthe Immediate Final Decision

The Technical Staffraised five issues concerning the Agency's decision to authorize Oregon's hazardous waste program revision. The heart ofthe comments go to the Technical Staff's

concern over disposal of chemical weapons at the Umatilla Army Depot. To address theunderlying concern, EPA reaffirms its role inenvironmental protection in this country. EPA is firmly committed to protection ofhuman health and the environment and to ensuring that hazardous wastes are managed in an environmentally sound

manner. After authonzing a state for a revision to its hazardous waste program, EPA functions in an oversight capacity with a strong mandate to see that the goals ofRCRA are met. Based on its decision to authorize arevision to Oregon's hazardous waste program, EPA believes that Oregon can meet its delegated obligation to carry out a hazardous waste program equivalent to the federal RCRA program. EPA does not abdicate its central role in protection ofthis nation's human health and the environment when it delegates

aprogram to astate. EPA continues to monitor and assess a delegated program and, when necessary calls upon the Agency's own enforcement authorities to fulfill the goals ofRCRA. This core commitment is central to RCRA and no delegation alters the Agency's firm stance onupholding its obligation to protect the environment.

The specific concerns raised by the Technical Staff can be addressed one by

one. The first issue is a concern that Tribal staffhad neither initiated nor completed an independent Tribal evaluation ofOregon's authority compared to the federal requirements. EPA appreciates the difficulty in evaluating a state's application for revision to its authorized program. This complex task is detailed and resource intensive. To assist interested parties who wish to review a state application, EPA makes the state application available forreview and designates staff tobe available to respond to concerns. EPA believes that these measures, combined with publication in two ofthe largest newspapers inthe state and in the Federal Register as well asthe provision ofan opportunity to comment

on an authorization decision, are adequate. The Agency makes the decision to authonze a state program based on its findings that a state program is equivalent to the federal program, consistent on anational basis and provides adequate enforcement.

The second issue raised by the Technical Staff is a concern with proposed incinerators on ceded lands. If hazardous waste incinerators are built and permitted under RCRA, Oregon will have primary responsibility for enforcing corrective action requirements for these units. EPA will continue to
oversee and assess the delegated program and anticipates working closely with Oregon as Oregon initiates its authorized corrective action program. Through the Memorandum of Agreement (MOA)between Oregon and EPA, the integrity ofthe delegated program will be maintained. EPAwill

use the Agency's enforcement authorities where necessary to ensure that human health and the environment

are protected. Additionally where EPA has trust obligations on ceded lands, EPA will act to fulfill those obligations.

The third issue raised is a concern that Oregon lacks abaseline environmental and human health monitonng system to predict, identify or

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mitigate operational oraccidental impacts. This concern raises abasic authorization issue about the delegated program currently in Oregon. EPA has not identified a similar concern in Oregon's delegated programbut appreciates the comment. Although this

concern does not effect the immediate decision to authorize thisrevision to Oregon's program, EPA will assess this

concern in light ofthe existing delegated program.

The fourth issue raises a concern that the Confederated Tribes have interests, such as Natural Resource Trustee authority under CERCLA and Local Reuse ofdisposal ofexcess federal property landissues, that are directly impacted by the increased permitting authority available to Oregon upon authorization for this program revision. EPA and Oregon will work closely as Oregon undertakes thisnew delegation ofauthority in its hazardous waste program. In its evaluation ofOregon's revision to its delegated program, EPA has no reason to believe that these Tribal interests will not be addressed.

The final issue raises a concern related to emergency preparedness should proposed hazardous waste incinerators be sited as proposed on ceded landsnear the Umatilla Reservation. EPA believes that emergency preparedness andplanning is very important atall hazardous waste management sites. All appropriate parties should beincluded as part ofthe emergency planmng coordination process. EPA will encourage Oregon to include all such appropriate parties in thisprocess.

After consideration of these issues, EPA affirms its Immediate Final Decision to grant final authorization for Oregon's hazardous waste program revision.
C. Decision

Iconclude that the immediate final decision, as noticed inthe Federal RegisterVol. 60, No. 195, on October 10, 1995, will take effect on December 7 1995 asd3scribed. Accordingly, Oregon is granted final authorization to operate its hazardous waste program, as revised. Compliance WithEkecutive Order 12866

The Office ofmanagement and Budget has exempted thisrule from the requirements ofsection 6 ofExecutive Order 12866.
Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of4 U.S.C. 605(b), Ihereby certifythat this authorization willnothave a significant economic impact on a substantial number ofsmall entities. It does not impose any new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis.

Authority: This notice is issued under the authority ofSection 2002(a), 3006 and 7004(b)ofthe solidWaste Disposal Actas amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: November 14, 1995. ChuckClarke, RegionalAdministrator. [FR Doc. 95-29036 Filed 11-27-95; 8:45am]

BILLING CODE 6560-60-P



### DEPARTMENT OFTHE INTERIOR
Bureau of Land Management
43 CFR PublicLand Order 7174

[MT-930-1430-01; SDM 79849]


### Withdrawal of National Forest System Landsforthe Pactola Visitor Information Center, Pactola Marina North,and Pactola Marina South; South Dakota

AGENCY: Bureau ofLand Management, Interior. ACTION: Public land order. SUMMARY, This order withdraws 35 acres ofNational Forest System lands from location and entry under the United States mining laws for a period of20 years for theDepartment ofAgriculture, Forest Service to protect the Pactola Visitor Information Center, Pactola Marina North, and Pactola Manna South. The landshave been and remain open to such forms ofdisposition as may by lawbe made ofNational Forest System lands and to mineral leasing. EFFECTIVE DATE: November 28, 1995. FOR FURTHER INFORMATION CONTACT: Sandra Ward, BLM Montana State Office, P.O. Box 36800, Billings, Montana 59107 406-255-2949.

By virtue ofthe authority vested in the Secretary ofthe Interior by Section 204 ofthe Federal Land Policyand Management Act of 1976, 43 U.S.C. 1714 (1988), it is ordered as follows:

1. Subject to valid exising rights, the following described National Forest System lands are hereby withdrawn from location and entry under the United States mining laws (30 U.S.C. Ch. 2 (1988)), butnot from leasing under the mineral leasing laws, to protect three Forest Service recreation areas: BlackHills Meridian Black Hills National Forest

PactolaVisitor InformationCenter T. 1N., R. 5E.,

Sec. 2, W/2SW/4SW/4SE1/4. The area described contains 5acres. PactolaMarina South T. 1N., R.5E.,

Sec. 10, SW'/4 oflot4, and

NWIANE/SE/ 4 . The areadescribed contains 20 acres. Pactola Marina North T. 2N., R. 5E.,

Sec. 34, SE'/4SWI4SE/a. The area described contains 10acres. The total areas described above aggregate 35 acres in Pennington County.

2. The withdrawal made by this order does not alter the applicability ofthose public land laws governing the use of the National Forest System lands under lease, license, orpermit, orgoverning the disposal oftheir mineral or vegetative resources other than under themining laws.

3. This withdrawal will expire 20 years from the effective date ofthis orderunless, as a result of areview conducted before the expiration date pursuant to section 204(f) ofthe Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (1988), the Secretary determines that the withdrawal shall be extended.

Dated: November 8,1995. Bob Armstrong, AssistantSecretaryoftheInterior. [FRDoc. 95-28914 Filed 11-27-95; 8:45 am]

BILLING CODE 4310-ON-P

43 CFR Public Land Order 7175 [NM-010-1430-01; NMNM 90118
Withdrawal of Public Land and Federal Minerals to Allow Sale of Humate; New Mexico

AGENCY' Bureau ofLandManagement, Interior. ACTION: Public land order.

SUMMARY' This order withdraws 120

acres ofpublic land from surface entry and mining, and 680 acres offederally reserved mineral interests underlying private surface estate from mining, for a period of20 years, for the Bureau of Land Management to protect an area havinghigh potential for development ofhumate (a carbonaceous shale) from encumbrances due to mining claim location. The land has been and will remain open to mineral leasing. EFFECTIVE DATE: November 28, 1995. FOR FURTHER INFORMATION CONTACT: Margie Martinez, BLM, Rio Puerco Resource Area Office, 435 Montano

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