13066 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 

7 ‘‘Indian country’’ is defined under 18 U.S.C. 

1151 as: (1) All land within the limits of any Indian 

reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of 

any patent, and including rights-of-way running 

through the reservation, (2) all dependent Indian 

communities within the borders of the United 

States, whether within the original or subsequently 

acquired territory thereof, and whether within or 

without the limits of a State, and (3) all Indian 

allotments, the Indian titles to which have not been 

extinguished, including rights-of-way running 

through the same. Under this definition, EPA treats 

as reservations trust lands validly set aside for the 

use of a Tribe even if the trust lands have not been 

formally designated as a reservation. In Idaho, 

Indian country includes, but is not limited to, the 

Coeur d’Alene Reservation, the Duck Valley 

Reservation, the Reservation of the Kootenai Tribe, 

the Fort Hall Indian Reservation, and the Nez Perce 

Reservation as described in the 1863 Nez Perce 

Treaty. 

58.01.01.175–181, Procedures and 

Requirements for Permits Establishing a 

Facility Emissions Cap 

58.01.01.861, Standards of Performance of 

Hospital/Medical/Infectious Waste 

Incinerators 

C. Scope of Proposed Action 

Idaho has not demonstrated authority 

to implement and enforce IDAPA 

Chapter 58 within ‘‘Indian Country’’ as 

defined in 18 U.S.C. 1151.7 Therefore, 

EPA proposes that this SIP approval not 

extend to ‘‘Indian Country’’ in Idaho. See 

CAA sections 110(a)(2)(A) (SIP shall 

include enforceable emission limits), 

110(a)(2)(E)(i) (State must have adequate 

authority under State law to carry out 

SIP), and 172(c)(6) (nonattainment SIPs 

shall include enforceable emission 

limits). This is consistent with EPA’s 

previous approval of Idaho’s PSD 

program, in which EPA specifically 

disapproved the program for sources 

within Indian Reservations in Idaho 

because the State had not shown it had 

authority to regulate such sources. See 

40 CFR 52.683(b). It is also consistent 

with EPA’s approval of Idaho’s title V 

air operating permits program. See 61 

FR 64622, 64623 (December 6, 1996) 

(interim approval does not extend to 

Indian Country); 66 FR 50574, 50575 

(October 4, 2001) (full approval does not 

extend to Indian Country). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 3, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–5965 Filed 3–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260, 261, 262, 263, 264, 

265, 266, 268, and 270 

[EPA–RCRA–2008–0678; FRL–9127–8] 

RIN 2050–AG52 

Hazardous Waste Technical 

Corrections and Clarifications Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing a number of technical 

changes that would correct or clarify 

several parts of the hazardous waste 

regulations that relate to hazardous 

waste identification, manifesting, the 

hazardous waste generator 

requirements, the standards for owners 

and operators of hazardous waste 

treatment, storage and disposal 

facilities, the standards for the 

management of specific types of 

hazardous waste and specific types of 

hazardous waste management facilities, 

the land disposal restrictions program 

and the hazardous waste permit 

program. 

DATES: Written comments must be 

received by May 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2008–0678, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

oleary.jim@epa.gov. Attention Docket ID 

No. EPA–HQ–RCRA–2008–0678. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. 

• Mail: RCRA Docket (2822T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. Please include a total of 2 copies. 

• Hand Delivery: EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 


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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 13067 

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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ–Docket Center, Docket ID No. 

EPA–HQ–RCRA–2008–0678, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the RCRA Docket is (202) 

566–0270. A reasonable fee may be 

charged for copying docket materials. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

contact Jim O’Leary, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery (MC:5304P), 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460, Phone: 703/ 

308–8827; or e-mail: 

oleary.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes a number of 

technical changes that would correct or 

clarify several parts of the hazardous 

waste regulations that relate to 

hazardous waste identification, 

manifesting, the hazardous waste 

generator requirements, the standards 

for owners and operators of hazardous 

waste treatment, storage and disposal 

facilities, the standards for the 

management of specific types of 

hazardous waste and specific types of 

hazardous waste management facilities, 

the land disposal restrictions program, 

and the hazardous waste permit 

program. In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA is 

making these technical changes as a 

Direct Final rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the Direct Final rule. If 

we receive no adverse comment on any 

of the individual technical changes we 

are promulgating today, we will not take 

further action on this proposed rule. If, 

however, we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that those paragraphs or amendments of 

the Direct Final rule for which the 

Agency received adverse comment will 

not take effect, and the reason for such 

withdrawals. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. 

II. Does This Action Apply to Me? 

Entities potentially affected by this 

action include facilities subject to the 

RCRA hazardous waste regulations and 

States implementing the RCRA 

hazardous waste regulations. 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all the 

administrative requirements applicable 

to this action, see the Direct Final rule 

in the Rules and Regulations section of 

this Federal Register. 

A. The Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administrations’ regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impact of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This action does not create any 

new regulatory requirements, but rather 

corrects typographical errors and 

incorrect citations, and makes 

conforming changes (where they have 

not been made previously) to all 

applicable parts of the hazardous waste 

regulations. 

Although this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 263 

Environmental protection, Hazardous 

materials transportation, Hazardous 

Waste, Reporting and recordkeeping 

requirements. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
13068 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules 

40 CFR Part 264 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds. 

40 CFR Part 265 

Environmental protection, Air 

pollution control, Hazardous waste, 

Insurance, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures, Surety 

bonds, Water supply. 

40 CFR Part 266 

Environmental protection, Energy, 

Hazardous waste, Recycling, Reporting 

and recordkeeping requirements. 

40 CFR Part 268 

Environmental protection, Hazardous 

waste, Reporting and recordkeeping 

requirements. 

40 CFR Part 270 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Reporting and 

recordkeeping requirements, Water 

pollution control, Water supply. 

Dated: March 10, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–5697 Filed 3–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R4-ES-2010-0011] 

[MO 92210-0-0008-B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition to List the Berry Cave 

Salamander as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce a 90–day 

finding on a petition to list the Berry 

Cave salamander (Gyrinophilus 

gulolineatus) as endangered under the 

Endangered Species Act of 1973, as 

amended. Based on our review, we find 

that the petition presents substantial 

scientific or commercial information 

indicating that listing this species may 

be warranted. Therefore, with the 

publication of this notice, we are 

initiating a review of the status of the 

species to determine if listing the Berry 

Cave salamander is warranted. To 

ensure that this status review is 

comprehensive, we are requesting 

scientific and commercial data and 

other information regarding this species. 

Based on the status review, we will 

issue a 12–month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before May 

17, 2010. After this date, you must 

submit information directly to the Field 

Office (see FOR FURTHER INFORMATION

CONTACT section below). Please note that 

we may not be able to address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

No. FWS-R4-ES-2010-0011 and follow 

the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R4- 

ES-2010-0011; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Information Requested section 

below for more details). 

FOR FURTHER INFORMATION CONTACT: 

Mary E. Jennings, Field Supervisor, 

Cookeville Ecological Services Field 

Office, 446 Neal Street, Cookeville, TN, 

38501; by telephone (931-528-6481); or 

by facsimile (931-528-7075). Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 800- 

877-8339. 

SUPPLEMENTARY INFORMATION: 

Information Requested 

When we make a finding that a 

petition presents substantial 

information indicating that listing a 

species may be warranted, we are 

required to promptly review the status 

of the species (status review). For the 

status review to be complete and based 

on the best available scientific and 

commercial information, we request 

information on the Berry Cave 

salamander from governmental 

agencies, Native American Tribes, the 

scientific community, industry, or any 

other interested parties. We seek 

information on: 

(1) The species’ biology, range, and 

population trends, including: 

(a) Habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns; 

(d) Historical and current population 

levels, and current and projected 

trends; and 

(e) Past and ongoing conservation 

measures for the species, its habitat, 

or both. 

(2) The factors that are the basis for 

making a listing determination for a 

species under section 4(a) of the 

Endangered Species Act of 1973, as 

amended (Act) (16 U.S.C. 1531 et 

seq.), which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(b) Overutilization for commercial, 

recreational, scientific, or 

educational purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence. 

(3) The potential effects of climate 

change on this species and its habitat. 

If, we determine that listing the Berry 

Cave salamander is warranted, it is our 

intent to propose critical habitat to the 

maximum extent prudent and 

determinable at the time we propose to 

list the species. Therefore, with regard 

to areas within the geographical range 

currently occupied by the Berry Cave 

salamander, we also request data and 

information on what may constitute 

physical or biological features essential 

to the conservation of the species, where 

these features are currently found, and 

whether any of these features may 

require special management 

considerations or protection. 

In addition, we request data and 

information regarding whether there are 

areas outside the geographical area 

occupied by the species that are 

essential for the conservation of the 

species. Please provide specific 

comments and information as to what, 

if any, critical habitat you think we 

should propose for designation if the 

species is proposed for listing, and why 

such habitat meets the requirements of 

the Act. 

Please include sufficient information 

with your submission (such as scientific 

journal articles, other supporting 

publications, or data) to allow us to 


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