Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18997 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 26, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: March 2, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding and reserving paragraph (c)(359) 

and by adding paragraph (c)(360) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(359) [Reserved] 

(360) New and amended regulations 

were submitted on May 20, 2008 by the 

Governor’s designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality 

Management District 

(1) Rule 1110.2, ‘‘Gaseous- and 

Liquid-Fueled Internal Combustion 

Engines, adopted on August 3, 1990 and 

amended February 1, 2008. 

[FR Doc. E9–9436 Filed 4–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2009–0212; FRL–8895–7] 

Montana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate 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. Montana 

has applied to EPA for Final 

authorization of the changes to its 

hazardous waste program under the 

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 June 26, 2009 

unless EPA receives adverse written 

comment by May 27, 2009. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the immediate 

final rule in the Federal Register 

informing the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments, 

identified by EPA–R08–RCRA–2009– 

0212, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: cosentini.christina@epa.gov. 

• Fax: (303) 312–6341. 

• Mail, Hand Delivery or Courier: 

Deliver your comments to Christina 

Cosentini, Solid and Hazardous Waste 

Program, EPA Region 8, Mailcode 8P– 

HW, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Courier or hand 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The public is advised to call 

in advance to verify the business hours. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2009– 

0212. EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 information that you 

consider to be CBI or otherwise 

protected from disclosure through 

http://www.regulations.gov, or e-mail. 

The federal Web site http:// 

www.regulations.gov 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 

may not be 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 through http:// 

www.regulations.gov or in hard copy 

from 9 a.m. to 4 p.m., at: EPA Region 

8, 1595 Wynkoop Street, Denver, 

Colorado, contact: Christina Cosentini, 

phone number (303) 312–6231, or the 

Montana Department of Environmental 

Quality, from 9 a.m. to 4 p.m., Metcalf 

Building, 1520 East Sixth Avenue, 

Helena, Montana 59620, contact: Robert 

Martin, phone number (406) 444–4194. 

The public is advised to call in advance 

to verify business hours. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, 303–312–6231, 

cosentini.christina@epa.gov or Robert 

Martin, 406–444–4194, rmartin@mt.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States that have received final 

authorization from EPA under RCRA 


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18998 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

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 than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when the federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

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

B. What Decisions Have We Made in 

This Rule? 

We conclude that the State of 

Montana’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

grant Montana final authorization to 

operate its hazardous waste program 

with the changes described in the 

authorization application. Montana has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders, (except in Indian 

country), and for implementing 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 Montana including 

issuing permits, until Montana is 

authorized to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

The effect of this decision is that a 

facility in Montana subject to RCRA will 

now have to comply with the authorized 

State requirements instead of the 

equivalent Federal requirements in 

order to comply with RCRA. The State 

of Montana has enforcement 

responsibilities under its State 

hazardous waste program for violations 

of such program, but EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include, 

among others, authority to: 

• Conduct inspections, and require 

monitoring, tests, analyses, or reports; 

and 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether Montana has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Montana is being 

authorized by this action are already 

effective under State law, and are not 

changed by this action. 

D. Why Wasn’t There a Proposed Rule 

Before This Rule? 

EPA did not publish a proposal before 

this rule because we view this as a 

routine program change. We are 

providing an opportunity for public 

comment at this time. 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 the State program 

changes. 

E. What Happens if EPA Receives 

Comments Opposing This Action? 

If EPA receives comments that oppose 

this authorization, we 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 changes on the 

proposal mentioned in the previous 

paragraph. We 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 we receive comments that oppose 

only the authorization of a particular 

change to the Montana hazardous waste 

program, we will withdraw only that 

part of this rule, but the authorization of 

the program changes 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. For What Has Montana Previously 

Been Authorized? 

Montana initially received final 

authorization on July 11, 1984, effective 

July 25, 1984 (49 FR 28245) to 

implement the RCRA hazardous waste 

management program. We granted 

authorization for changes to their 

program on July 11, 1984, effective 

September 25, 1985 (49 FR 28245), 

January 19, 1994, effective March 21, 

1994 (59 FR 02752); December 26, 2000, 

effective December 26, 2000(65 FR 

81381) and September 30, 2005, 

effective November 29, 2005 (70 FR 

57153). 

G. What Changes Are We Approving 

With Today’s Action? 

Montana submitted a complete 

program revision application on January 

31, 2008, seeking authorization of their 

changes in accordance with 40 CFR 

271.21. We now make an immediate 

final decision subject to receipt of 

written comments that oppose this 

action that Montana’s hazardous waste 

program revision satisfies all of the 

requirements necessary to qualify for 

final authorization. Therefore, we grant 

Montana final authorization for its 

entire Hazardous Waste Program, 

excluding the broader-in-scope 

provisions as found at Administrative 

Rules of Montana (ARM), Title 17, 

Chapter 53, effective December 22, 

2006, which incorporated 40 CFR parts 

124, and 260 through 268, 270, 272, and 

279, effective July 1, 2006. The State of 

Montana has revised its program using 

a method that incorporates the Federal 

Program by reference. The State’s laws 

and regulations, as amended by these 

provisions, provide authority which 

remains equivalent to and no less 

stringent than the Federal laws and 

regulations. The State also excluded 

Federal provisions from the 

incorporation by reference that are not 

delegated to the State’s program. The 

State of Montana revisions consist of 

regulations which specifically govern 

Federal Hazardous Waste revisions 

promulgated from July 1, 2003 through 

July 1, 2006, (RCRA Clusters XIV–XVI). 

Montana requirements are included in a 

chart with this document. 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority) Analogous state authority 

1. Recycled Used Oil Management Standards; 

Clarification. (Checklist 203).

68 FR 44659–44665 July 30, 2003 ................. Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.501, 17.53.1401, as amended 

and effective December 22, 2006. 


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Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page (and/or 

RCRA statutory authority) Analogous state authority 

2. Performance Track. (Checklist 204) .............. 69 FR 21737–21754 April 22, 2004 ................ Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.601, as amended and effective 

December 22, 2006. 

3. NESHAP: Surface Coating of Automobiles 

and Light-Duty Trucks. (Checklist 205).

69 FR 22601–22661 April 26, 2004 ................ Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.801, as amended and effective 

December 22, 2006. 

4. Nonwastewaters from Dyes and Pigments. 

(Checklist 206).

70 FR 9138–9180 February 24, 2005 ............. Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.501, and 17.53.1101, as amended and effective December 22, 2006. 

5. Uniform Hazardous Waste Manifest Rule. 

(Checklist 207).

70 FR 10776–10825 March 4, 2005 ............... Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.301, 17.53.501, 17.53.601, 

17.53,701, 17.53.801, and 17.53.901, as 

amended effective December 22, 2006. 

6. Methods Innovation Rule and SW–846 Final 

Update IIIB. (Checklist 208).

70 FR 34538–34592 June 14, 2005 ................ Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.501,17.53.801, 17.53.901, 

17.53.1001, 17.53.1101, 17.53.1102 (5), 

17.53.1201, and 17.53.1401, as amended 

effective December 22, 2006. The State did 

not adopt Federal rules at 40 CFR parts 

260.11, 260.21(d) and 260.22(d)(1)(i) because the rules are optional federal provisions. 

7. Universal Waste Rule: Specific Provisions for 

Mercury Containing Equipment. (Checklist 

209).

70 FR 45508–45522 August 5, 2005 .............. Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.301, 17.53.501, 17.53.501, 

17.53.601, 17.53.1101, 17.53.1201, and 

17.53.1301, as amended effective December 22, 2006. 

8. Standardized Permits for RCRA Hazardous 

Waste Management Facilities. (Checklist 

210).

70 FR 53420–53478 September 8, 2005 ........ Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.1201, 17.53.301, and 17.53.501, 

as amended effective December 22, 2006. 

9. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 

(‘‘Headworks exemptions’’). Checklist 211).

70 FR 57769–57785 October 4, 2005 ............. Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.501, as amended effective December 22, 2006. 

10. NESHAP: Final Standards for Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II). (Checklist 

212).

70 FR 59402–59579 October 12, 2005 ........... Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.801, 17.53.1001, and 17.53.1201, 

as amended effective December 22, 2006. 

The State did not adopt Federal rules 40 

CFR parts 260.11(a) and 260.11(c)(1) because the rules are optional Federal provisions. 

11. Burden Reduction Initiative. (Checklist 213) 71 FR 16862–16915 April 4, 2006 .................. Montana Code Annotated (MCA) effective 

2007, Title 75–10–404 and 405; Administrative of Montana (ARM), Title 17, Chapter 

53, 17.53.301, 17.53.402, 17.53.501, 

17.53.801, 17.53.802 (9), 17.53.802 (11), 

17.53.901, 17.53.902 (9), 17.53.902 (11), 

17.53.1001, 17.53.1101, 17.53.1102 (4), 

and 17.53.1201, as amended effective December 22, 2006. 


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H. Where Are the Revised State Rules 

Different From the Federal Rules? 

The Montana hazardous waste 

program is equivalent to the Federal 

program in all areas, except Montana 

has not adopted the following Federal 

rules: 40 CFR 260.11, 260.20, 260.21, 

260.22, 260.21(d), 260.22(d)(1)(i), 

260.11(a), 260.11(c)(1), and 260.23. (See 

ARM 17.53.401). These cited regulations 

do not make the State more stringent; 

the regulated community must apply to 

the EPA Regional office and comply 

with the Federal requirements for 

petitions, including delisting petitions, 

addressed by these regulations. The 

State did not adopt any provision 

related to underground injection; 

instead the responsibility for this part of 

the program is left with EPA (see 

17.53.102(3), 17.53.802(2), 

17.53.902(18), 17.53.1202(16), and 

17.53.1202(18). The State also has not 

adopted the permit by rule requirements 

for ocean disposal barges, because the 

State is landlocked and accordingly, the 

provisions do not apply. 

Montana’s more stringent regulations 

found at Administrative Rules of 

Montana, Title 17: 17.53.502(2), 

17.53.602(2), 17.53.602(3), 17.53.603, 

17.53.802(5), 17.53.803, 17.53.902(6), 

17.53.903 and 17.53.1202(11) require 

annual rather than biennial reports; 

17.53.803(1)(f)(iii) requires the most 

recent corrective action cost estimate to 

be submitted in the annual report; 

17.53.702(2) through (4), 17.53.704 and 

17.53.706 through 708 contain 

additional requirements for transfer 

facilities; 17.53.602(7) and (8) require 

the primary exporter to also file a report 

with the Montana Department of 

Environmental Quality; 17.53.602(9) 

gives both EPA and the State the 

authority to extend the record retention 

period; 17.53.1002(1), 17.53.1002(6) and 

17.53.1003 prohibit certain waste, 

including the dioxin wastes, from being 

burned in a Boiler and Industrial 

Furnace (BIF); 17.53.1002(2) and 

17.53.1004 require that BIFs also 

perform background and periodic 

testing of soils and water in addition to 

the 40 CFR 266.102 requirements; 

17.53.1002(4) does not allow the 40 CFR 

266.102(e)(3)(ii) exemption from the 

particulate standards for BIFs and adds 

a provision that gives the Montana 

Department of Environmental Quality 

the discretion to require a BIF owner/ 

operator submit, in conjunction with the 

permit application, a plan that will 

require cessation of hazardous waste 

burning during prolonged inversion 

conditions; 17.53.1002(5) requires 

annual stack emissions in addition to 40 

CFR 266.102(e)(8)(i)(C); 17.53.1002(7) 

does not allow the 40 CFR 266.105(b) 

waiver from the BIF particulate matter 

standards; and 17.53.1002(6) and 

17.53.1002(8) do not allow the 40 CFR 

266.109 low risk exemption and the 

266.110 waiver of the DRE trial burn for 

boilers; 17.53.1202(10) does not allow 

the submission of data in lieu of a trial 

burn as per 40 CFR 270.22(a)(1)(ii) and 

270.22(a)(6); 17.53.1202(14) and (15) 

require that the term of a Boiler and 

Industrial Furnace permit be only five 

years and the permit may be modified 

to assure that the facility is in 

compliance with the current applicable 

requirements. The State does not allow 

interim status for BIFs; thus, does not 

adopt 40 CFR 266.103 and the language 

associated with it in 40 CFR part 266 

(see 17.53.1002(3), as well as 40 CFR 

270.66(g)), (see 17.53.1202(19)). 

Montana’s hazardous waste 

regulations are broader-in-scope than 

the Federal rules at: 17.53.111(2), 

17.53.112, 17.53.113, and 

17.53.1202(5)(1) and (17), because the 

State requires permit application fees, as 

well as registration fees; 17.53.703 is 

also broader-in-scope because it requires 

that transporters obtain a registration 

from the State. Broader-in-scope 

requirements are not part of the 

authorized program, and EPA cannot 

enforce them. Although a facility must 

comply with these requirements in 

accordance with State law, they are not 

RCRA requirements. 

EPA cannot delegate the Federal 

requirements at 40 CFR 262, Subparts E 

and H, 268.5, 268.6, 268.42(b), and 

268.44(a) through (g). Therefore, EPA 

will continue to implement these 

requirements. Additionally, the State 

has chosen not to adopt 40 CFR 

268.44(h) through (m) so the 

responsibility for these requirements 

also remains with EPA. 

I. Who Administers Permits After the 

Authorization Takes Effect? 

Montana will issue and administer 

permits for all the provisions for which 

it is authorized. EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits that were 

issued prior to the effective date of this 

authorization. EPA will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table above after the effective date of 

this authorization. EPA and Montana 

have agreed to joint permitting and 

enforcement for those HSWA 

requirements for which Montana is not 

yet authorized. 

J. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 1151) in 

Montana? 

Montana is not authorized to carry out 

its hazardous waste program in Indian 

country, as defined in 18 U.S.C. 1151. 

This includes, but is not limited to: 

A. All lands within the exterior 

boundaries of the following Indian 

Reservations located within or abutting 

the State of Montana: 

a. Blackfeet Indian Reservation. 

b. Crow Indian Reservation. 

c. Flathead Reservation. 

d. Fort Peck Reservation. 

e. Fort Belknap Indian Reservation. 

f. Northern Cheyenne Indian 

Reservation. 

g. Rocky Boy’s Reservation. 

B. Any land held in trust by the U.S. 

for an Indian tribe, and 

C. Any other land, whether on or off 

a reservation that qualifies as Indian 

country within the meaning of 18 U.S.C. 

1151. 

Therefore, this program revision does 

not extend to Indian country where EPA 

will continue to implement and 

administer the RCRA program in these 

lands. 

K. What Is Codification and Is EPA 

Codifying Montana’s Hazardous Waste 

Program as Authorized in This Rule? 

Codification is the process of placing 

the State’s authorized hazardous waste 

program statutes and regulations into 

the CFR. EPA does this by referencing 

the authorized State rules in 40 CFR 

part 272. EPA reserves the amendment 

of 40 CFR part 272, subpart BB for this 

authorization of Montana’s program 

changes until a later date. In this 

authorization application EPA is not 

codifying the rules documented in this 

Federal Register. 

L. 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). 

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 

preexisting requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 


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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 also does 

not significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 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. 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 

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. 

272 note) 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 15, 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 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 action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action will be effective June 26, 2009. 

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 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

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

Dated: April 8, 2009. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–9544 Filed 4–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[TRI–2009–0216; FRL–8897–4] 

RIN 2025–AA25 

Toxics Release Inventory Form A 

Eligibility Revisions Implementing the 

2009 Omnibus Appropriations Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending its 

regulations on the eligibility criteria for 

submitting a Form A Certification 

Statement in lieu of the more detailed 

Form R submitted by facilities subject to 

TRI reporting under section 313 of the 

Emergency Planning and Community 

Right-to-Know Act of 1986 (EPCRA) and 

section 6607 of the Pollution Prevention 

Act of 1990 (PPA). This action is being 

taken to comply with the ‘‘Omnibus 

Appropriations Act of 2009’’ enacted on 

March 11, 2009. As this action is being 

taken to conform the regulations to a 

Congressional legislative mandate, 

notice and comment rulemaking is 

unnecessary, and this rule is effective 

immediately. Upon publication to the 

Federal Register, the provisions of the 

Toxics Release Inventory Burden 

Reduction Final Rule will be removed 

and the regulations in place prior to its 

implementation will be restored as 

described below. 

DATES: This final rule is effective on 

April 27, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. TRI–2009–0216. All documents in 

the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy at the OEI 

Docket, EPA/DC, EPA West, Room 

B102, 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 OEI Docket is 202–566–1752. 

FOR FURTHER INFORMATION CONTACT: Cory 

J. Wagner, Toxics Release Inventory 

Program Division, Office of Information 

Analysis and Access (2844T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–566– 

1555; fax number: 202–566–0741; email: wagner.cory@epa.gov, for specific 

information on this proposed rule, or for 

more information on EPCRA section 

313, the Emergency Planning and 

Community Right-to-Know Hotline, 

Environmental Protection Agency, Mail 

Code 5101, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, Toll free: 

1–800–424–9346, in Virginia and 

Alaska: 703–412–9810 or Toll free TDD: 

1–800–553–7672. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me ? 

This action applies to facilities that 

submit annual reports under section 313 


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