Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations 19453 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 15, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

Transportation Conformity 

Requirements at the end of the table to 

read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e)(1)* * * 

EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL

Name of non-regulatory 

SIP revision 

Applicable geographic 

area 

State submittal 

date EPA approval date Additional explanation 

* * * * * * * 

Transportation Conformity Requirements.Entire State .................. 5/29/08 4/29/09 [Insert page 

number where the 

document begins].

Memoranda of Understanding between EPA, 

FHWA, FTA, Pennsylvania, Virginia, and 

eighteen Metropolitan and Rural Planning Organizations. 

* * * * * 

[FR Doc. E9–9846 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2009–0916; FRL–8898–7] 

Pennsylvania: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Pennsylvania has applied to 

EPA for final authorization of revisions 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these revisions satisfy 

all requirements needed to qualify for 

final authorization and is authorizing 

Pennsylvania’s revisions through this 

immediate final action. EPA is 

publishing this rule to authorize the 

revisions without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Pennsylvania’s revisions to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action we will publish a 

document in the Federal Register 

withdrawing the relevant portions of 

this rule, before they take effect, and a 

separate document in the proposed 

rules section of this Federal Register 

will serve as a proposal to authorize 

revisions to Pennsylvania’s program that 

were the subject of adverse comments. 

Today’s document also corrects errors 

made in the authorization history that 

was published in the January 20, 2004 

Federal Register authorization 

document for Pennsylvania. 

DATES: This final authorization will 

become effective on June 29, 2009, 

unless EPA receives adverse written 

comments by May 29, 2009. If EPA 

receives any such comment, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect as 

scheduled. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2009–0916, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: 

bentley.pete@epamail.epa.gov 

3. Mail: Charles Bentley, Mailcode 

3LC50, Office of State Programs, U.S. 

EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may inspect and copy 

Pennsylvania’s application from 8 a.m. 

to 4:00 p.m., Monday through Friday at 

the following locations: Pennsylvania 

Department of Environmental 

Protection, Environmental Education 

and Information Center, 1st Floor, 

Rachel Carson State Office Building, 400 

Market St., Harrisburg, PA 17105, Phone 

number (717) 772–1828; Pennsylvania 

Department of Environmental 

Protection, Southwest Regional Office, 

400 Waterfront Drive, Pittsburgh, PA 

15222, Phone number: (412) 442–4097; 

and EPA Region III, Library, 2nd Floor, 

1650 Arch Street, Philadelphia, PA 

19103, Phone number: (215) 814–5254. 

Persons with a disability may use the 

AT&T Relay Service to contact 

Pennsylvania Department of 

Environmental Protection by calling 

(800) 654–5984 (TDD users), or (800) 

654–5988 (voice users). 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–RCRA–2009– 

0916. EPA’s policy is that all comments 

received will be included in the public 

file without change and may be made 

available on line at http:// 

www.regulations.gov, 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 through http:// 

www.regulations.gov or e-mail. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system 

which means that 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 


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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 file 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 and any 

form of encryption, and be free of any 

defects or viruses. 

FOR FURTHER INFORMATION CONTACT: 

Charles Bentley, Mailcode 3LC50, Office 

of State Programs, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103–2029, Phone number: (215) 814– 

3379. 

SUPPLEMENTARY INFORMATION: 

I. Corrections to January 20, 2004 (69 

FR 2674) Authorization Document 

The January 20, 2004 authorization 

document for Pennsylvania (69 FR 2674, 

column 2) contains an erroneous 

paragraph at Section F. The existing 

paragraph should be replaced with the 

following language: 

‘‘Initially, Pennsylvania received final 

authorization to implement its 

hazardous waste management program 

effective January 30, 1986 (51 FR 1791). 

EPA granted authorization for changes 

to Pennsylvania’s regulatory program on 

September 26, 2000, effective November 

27, 2000 (65 FR 57734). ’’ 

II. Authorization of Revisions to 

Pennsylvania’s Hazardous Waste 

Program 

A. Why Are Revisions to State Programs 

Necessary 

States that have received final 

authorization from EPA under RCRA 

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. Authorization of revisions to 

State programs may be necessary when 

Federal or State statutory or regulatory 

authority is modified or when certain 

other revisions occur. Most commonly, 

States must revise their programs 

because of revisions to EPA’s 

regulations in 40 Code of Federal 

Regulations (CFR) parts 124, 260 

through 268, 270, 273 and 279. 

B. What Decisions Have We Made in 

This Rule 

EPA concludes that Pennsylvania’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant 

Pennsylvania final authorization to 

operate its hazardous waste program 

with revisions described in its 

application for program revisions, 

subject to the procedures described in 

section E, below. Pennsylvania has 

responsibility for permitting treatment, 

storage, and disposal facilities (TSDFs) 

within its borders and for carrying out 

the aspects of the RCRA program 

described in its 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 HSWA 

requirements and prohibitions for 

which Pennsylvania has not been 

authorized, including issuing HSWA 

permits, until the State is granted 

authorization to do so. 

C. What Is the Effect of This 

Authorization Decision 

This decision serves to authorize 

revisions to Pennsylvania’s authorized 

hazardous waste program. This action 

does not impose additional 

requirements on the regulated 

community because the regulations for 

which Pennsylvania is being authorized 

by today’s action are already effective 

and are not changed by today’s action. 

Pennsylvania has enforcement 

responsibilities under its state 

hazardous waste program for violations 

of its program, but EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include, 

among others, authority to: 

• Perform inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether Pennsylvania has taken its 

own actions. 

D. Why Wasn’t There a Proposed Rule 

Before This Rule 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. 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 

Pennsylvania’s program revisions. If 

EPA receives comments that oppose this 

authorization, or portions thereof, that 

document will serve as a proposal to 

authorize the revisions to 

Pennsylvania’s program that were the 

subject of adverse comment. 

E. What Happens if EPA Receives 

Comments That Oppose This Action 

If EPA receives comments that oppose 

this authorization, or portions thereof, 

we will withdraw this rule, or portions 

thereof, by publishing a document in 

the Federal Register before the rule 

would become effective. EPA will base 

any further decision on the 

authorization of Pennsylvania’s program 

revisions on the proposal mentioned in 

the previous section. 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 the authorization 

of a particular revision to the 

Commonwealth’s hazardous waste 

program, we will withdraw that part of 

this rule, but the authorization of the 

program revisions 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. What Has Pennsylvania Previously 

Been Authorized for 

Initially, Pennsylvania received final 

authorization to implement its 

hazardous waste management program 

effective January 30, 1986 (51 FR 1791). 

EPA granted authorization for revisions 

to Pennsylvania’s regulatory program on 

September 26, 2000, effective November 

27, 2000 (65 FR 57734); and on January 

20, 2004, effective March 22, 2004 (69 

FR 2674). 

G. What Revisions Are We Authorizing 

With This Action 

On May 31, 2007, Pennsylvania 

submitted an initial program revision 

application, seeking authorization of 

additional revisions to its program in 

accordance with 40 CFR 271.21. 

Subsequently, on January 2, 2009, the 

Commonwealth submitted a revised 

program revision application. 

Pennsylvania’s revision application 

includes various regulations that are 

equivalent to, and no less stringent than, 

revisions to the Federal hazardous waste 

program, as published in the Federal 


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1 In its revision application Pennsylvania also 

sought authorization for the National 

Environmental Performance Track Program. On 

March 16, 2009, EPA announced its intention to 

halt and review the National Performance Track 

Program. Therefore, EPA is not granting 

Pennsylvania final authorization for ‘‘The National 

Environmental Performance Track Program (4/22/ 

04, 69 FR21737; as amended 10/25/04, 69 FR 

62217; Revision Checklist 204).’’ 

Register on September 30, 1999, 

November 19, 1999, July 10, 2000, May 

14, 2001 and from June 29, 2001 

through October 12, 2005, as well as 

miscellaneous changes to its previously 

authorized program. We now make an 

immediate final decision, subject to 

receipt of written comments that oppose 

this action, that Pennsylvania’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, EPA grants 

Pennsylvania’s final authorization for 

the following program revisions: 

1. Program Revision Changes for Federal 

Rules 

Pennsylvania seeks authority to 

administer the Federal requirements 

that are listed in Table 1. This Table 

lists the Commonwealth analogs that are 

being recognized as no less stringent 

than the analogous Federal 

requirements.1 Unless otherwise stated, 

the Commonwealth’s regulatory 

references are to Title 25, Pennsylvania 

Code (25 Pa. Code), Chapters 260a 

through 266a, 266b, 268a, and 270a, 

effective May 1, 1999, as amended 

December 14, 2002. Pennsylvania’s 

authority to incorporate subsequent 

changes to the Federal program is found 

at Pa. Code Section 260a.3(e). The 

Commonwealth’s statutory authority has 

not changed since August 10, 2000. For 

additional information on the 

Commonwealth’s statutory authority 

please consult the Commonwealth’s 

authorization revision Federal Register 

document (65 FR 57734) published on 

September 26, 2000. 

TABLE 1—PENNSYLVANIA’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of federal requirement and Federal 

Register reference (revision checklists 2) Federal requirement Analogous Pennsylvania authority 

NESHAPS: Final Standards for Hazardous Air 

Pollutants for Hazardous Waste Combustors 

(MACT Rule) (09/30/99, 64 FR 52828; as 

amended 11/19/99, 64 FR 63209; Revision 

Checklist 182).

40 CFR 260.10 ‘‘dioxins and furans (D/F)’’; 

260.10 ‘‘TEQ’’; 261.38/Table 1; 264.340(b)– 

(e); 264.601 introductory paragraph; 

265.340(b) & (c); 266.100(b)–(h); 

266.101(c) introductory paragraph & (c)(1); 

266.105(c) & (d); 266.112(b)(1) introductory 

paragraph; 266.112(b)(2)(i) and Note; 266, 

Appendix VIII; 270.19 introductory paragraph; 270.19(e); 270.22 introductory paragraph; 270.42, Appendix I; 270.62 introductory paragraph; and 270.66 introductory 

paragraph.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code Sections 

260a.1(a), 261a.1, 264a.1(a), 265a.1(a), 

266a.20 (as modified at 266a.100), 

270a.1(a), and 270a.41(6). 

NESHAPS: Final Standards for Hazardous Air 

Pollutants for Hazardous Waste Combustors 

(07/10/00, 65 FR 42292; as amended 05/14/ 

01, 66 FR 24270 and 07/03/01, 66 FR 

35087; Revision Checklist 188).

40 CFR 261.38(c)(2)(iv); 264.340(b)(1) & (3); 

and 270.42(j)(2).

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

261a.1, 264a.1(a), and 270a.1(a). 

Mixture and Derived From Rules Revision II 

(10/3/01, 66 FR 50332; as amended 12/3/01, 

66 FR 60153; Revision Checklist 194).

40 CFR 261.3(a)(2)(iv); and 261.3(g)(4) .......... 25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Section 

261a.1. 

Inorganic Chemical Manufacturing (11/20/01, 

66 FR 58258; as amended 04/09/02, 67 FR 

17119; Revision Checklist 195).

40 CFR 261.4(b)(15); 261.32; 261, Appendix 

VII; 268.36(a)–(c); and 268.40, Table.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

261a.1 and 268a.1(a). 

CAMU Amendments (01/22/02, 67 FR 2962; 

Revision Checklist 196).

40 CFR 260.10; 264.550(a) & (b); 264.551(a) 

introductory paragraph; 265.552; 

264.554(a); and 264.555.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

260a.1(a) and 264a.1(a). 

Hazardous Air Pollutant Standards for Combustors: Interim Standards (02/13/02, 67 FR 

6792; Revision Checklist 197).

40 CFR 264.340(b)(1); 264.340(b)(4); 

265.340(b)(1); 265.340(b)(3); 

266.100(b)(2)(i)–(v); 270.19(e); 270.22 introductory paragraph; 270.62 introductory 

paragraph; 270.66 introductory paragraph; 

and 270.235.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

264a.1(a), 265a.1(a), 266a.20 and 

270a.1(a). 

Hazardous Air Pollutant Standards for Combustors: Corrections (02/14/02, 67 FR 6968; 

Revision Checklist 198).

40 CFR 266.100(a); 266.100(b)(1); 

266.100(d)(1)(i) (B); 266.100(d)(2); 

266.100(d)(3) introductory paragraph; 

266.100(d)(3)(i) introductory paragraph; 

266.100(d)(3)(i) (D); and 270.42(j)(1).

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

266a.20 (as modified at 266a.100) and 

270a.1(a). 

Vacatur of Mineral Processing Spent Materials 

Being Reclaimed as Solid Wastes and TCLP 

Use with MGP Waste (03/13/02, 67 FR 

11251; Revision Checklist 199).

40 CFR 261.2(c)(3); 261.4(a)(17); and 

261.24(a).

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Section 

261a.1. 

Zinc Fertilizers Made from Recycled Hazardous Secondary Materials (07/24/02, 67 

FR 48393; Revision Checklist 200).

40 CFR 261.4(a)(20); 261.4(a)(21); 266.20(b); 

266.20(d); and 268.40.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

261a.1, 266a.20 and 268a.1(a). 

National Treatment Variance for Radioactively 

Contaminated Batteries (10/0702, 67 FR 

62618; Revision Checklist 201).

40 CFR 268.40/Table ....................................... 25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Section 

268a.1(a). 


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2A Revision Checklist is a document that 

addresses the specific revisions made to the Federal 

regulations by one or more related final rules 

published in the Federal Register. EPA develops 

these checklists as tools to assist States in 

developing their authorization applications and in 

documenting specific State analogs to the Federal 

Regulations. For more information see EPA’s RCRA 

State Authorization Web page at http:// 

www.epa.gov/osw/laws-regs/state/index.htm. 

TABLE 1—PENNSYLVANIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of federal requirement and Federal 

Register reference (revision checklists 2) Federal requirement Analogous Pennsylvania authority 

NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors— 

Corrections (12/19/02, 67 FR 77687; Revision Checklist 202).

40 CFR 270.19(e); 270.22 introductory paragraph; 270.62 introductory paragraph and 

270.66 introductory paragraph.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Section 

270a.1(a). 

NESHAP: Surface Coating of Automobiles and 

Light-Duty Trucks (04/26/04, 69 FR 22602; 

Revision Checklist 205).

40 CFR 264.1050(h); and 265.1050(g) ............ 25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

264a.1(a) and 265a.1(a). 

Nonwastewaters from Productions of Dyes, 

Pigments, and Food, Drug, and Cosmetic 

Colorants (02/24/05, 70 FR 9138, as amended 06/16/05, 70 FR 35032; Revision Checklist 206).

40 CFR 261.4(b)(15); 261.32(a); 261.32, 

Table; 261.32(b) through (d); 261, Appendix 

VII; 261, Appendix VIII; 268.20; 268.21 

through 268.29; 268.40 Table; and 

268.48(a) Table.

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

261a.1 and 268a.1(a). 

Testing and Monitoring Activities: Methods Innovation Rule and SW–846 Update IIIB (06/ 

14/05, 70 FR 34538; as amended 08/01/05, 

70 FR 44150; Revision Checklist 208).

40 CFR 260.11; 260,21(d); 260.22(d)(1)(i); 

261.3(a)(2)(v) introductory paragraph; 

261.21(a)(1); 261.22(a)(1) & (a)(2); 

261.35(b)(2)(iii)(A) & (B); 261.38(c)(7) introductory paragraph; 261, Appendices I, II 

and III; 264.190(a); 264.314(c); 

264.1034(c)(1)(ii), (c)(1)(iv), (d)(1)(iii) and 

(f); 264.1063(d)(2); 264, Appendix IX; 

265.190(a); 265.314(d); 265.1034(c)(1)(ii), 

(c)(1)(iv), (d)(1)(iii) and (f); 265.1063(d)(2); 

265.1081 ‘‘Waste stabilization process’’; 

265.1084(a)(3)(ii)(C), (a)(3)(iii), (b)(3)(ii)(C), 

(b)(3)(iii) and (c)(3)(i); 266.100(d)(1)(ii) and 

(g)(2); 266.102(b)(1); 266.106(a); 

266.112(b)(1) introductory paragraph and 

(b)(2)(i); 266, Appendix IX; 268.40(b); 

268.40 Table; 268.48 Table; 268, Appendix 

IX; 270.19(c)(1)(iii) and (iv); 

270.22(a)(2)(ii)(B); 270.62(b)(2)(i)(C), 

(b)(2)(i)(D), (c)(2)(i) and (c)(2)(ii).

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

260a.1(a), 261a.1, 264a.1(a), 265a.1(a), 

266a.20, 268a.1(a) and 270a.1(a). 

Project XL Site-Specific Rulemaking for the 

Ortho-McNeil Pharmaceutical, Inc. Facility in 

Spring House, PA Involving On-Site Treatment of Mixed Waste (06/27/05, 70 FR 

36850).

40 CFR 261.4(b)(17) ........................................ 25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Section 

261a.1. 

Revision of Wastewater Treatment Exemptions 

for Hazardous Waste Mixtures (10/04/05, 70 

FR 57769; Revision Checklist 211).

40 CFR 261.3(a)(2)(iv)(A), (a)(2)(iv)(B), 

(a)(2)(iv)(D), (a)(2)(iv)(F) and (a)(2)(iv)(G).

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Section 

261a.1. 

National Emission Standards for Hazardous Air 

Pollutants: Final Standards for Hazardous Air 

Pollutants for Hazardous Waste Combustors 

(10/12/05, 70 FR 59401; Revision Checklist 

212).

40 CFR 260.11(a) first sentence and (c)(1); 

264.340(b)(1) first sentence and (b)(5); 

265.340(b)(1) first sentence; 266.100(b)(1) 

first sentence, (b)(3) and (b)(4); 270.6; 

270.10(l); 270.19(e) ; 270.22 introductory 

paragraph; 270.24(d)(3); 270.25(e)(3); 

270.32(b)(3); 270.42(j)(1), (j)(2), (j)(3) and 

(k); 270.42 Appendix I, Section L; 270.62 introductory paragraph; 270.66 introductory 

paragraph; 270.235 section heading, (a)(1) 

introductory paragraph, (a)(2) introductory 

paragraph, (b)(1) introductory paragraph, 

(b)(2) and (c).

25 Pa. Code, Section 260a.3(e); Incorporated 

by reference at 25 Pa. Code, Sections 

260a.1(a), 264a.1(a), 265a.1(a), 266a.20 

and 270a.1(a). 

The Commonwealth is not seeking 

authorization for the following RCRA 

revisions that occurred between July 30, 

2003 and October 12, 2005, which 

address changes to the Federal recycled 

used oil, manifest, mercury-containing 

equipment and standardized permit 

regulations and the Project XL 

requirements for New York State Public 

Utilities. 

Federal requirement Regulatory explanation 

68 FR 44659, 07/30/03 (Revision Checklist 203) .................................... Hazardous Waste Management System; Identification and Listing of 

Hazardous Waste; Recycled Used Oil Management Standards. 


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Federal requirement Regulatory explanation 

70 FR 10776, 03/04/05, as amended on June 16, 2005 (70 FR 35034) 

(Revision Checklist 207).

Modification of the Hazardous Waste Manifest System. 

70 FR 29909, 05/24/05 ............................................................................ Project XL Rulemaking Extension for New York State Public Utilities 

70 FR 45508, 08/05/05 (Revision Checklist 209) .................................... Mercury-Containing Equipment. 

70 FR 53419, 09/08/05 (Revision Checklist 210) .................................... Standardized Permit for RCRA Hazardous Waste Management Facilities. 

2. Miscellaneous Changes 

In addition to adopting the Federal 

program revisions discussed in Section 

G.1, Pennsylvania has made various 

regulatory revisions to its authorized 

program. Pennsylvania is seeking 

authorization for these miscellaneous 

changes. These changes are categorized 

as follows: (a) Redesignations and 

Corrections of Typographical Errors; (b) 

Clarification of Ambiguous 

Requirements; (c) Changes to Manifest 

Requirements; and (d) New Provisions 

Added for Clarification. Regulatory 

citations annotated with an asterisk are 

deemed to be more stringent than the 

Federal program. A further discussion of 

Pennsylvania’s miscellaneous regulatory 

changes is found in the following 

application document for Pennsylvania: 

‘‘Pennsylvania Third Supplemental 

Legal Statement for Final 

Authorization.’’ 

(a) Redesignations and Corrections of 

Typographical Errors 

The Commonwealth provisions listed 

below were amended to correct 

typographical errors or were merely 

redesignated. All of these changes were 

made without affecting the stringency of 

the Commonwealth’s currently 

authorized program. EPA has evaluated 

the changes described and has 

determined that they are consistent with 

and no less stringent than the 

corresponding Federal regulations. 

Title 25, Pennsylvania Code (25 Pa. 

Code), §§ 261a.3(a), 261a.5(b), 

262a.12(b) introductory paragraph 

through 262a.12(b)(1)(iv)*, 262a.21(a), 

263a.20(a), 263a.20(b) introductory 

paragraph, 263.20(b)(1), 265a.13(1) 

introductory paragraph, 270a.42(b), 

270a.60(a) introductory paragraph, 

270a.60(a)(2), 270a.60(b)(1)(iv)*, 

270a.60(b)(5), 270a.62, 270a.66 and 

270a.81(b)(5). 

(b) Clarification of Ambiguous 

Requirements 

The Commonwealth has amended the 

following provisions in order to clarify 

ambiguities identified through the 

implementation of the regulations. 

Some of these amendments remove 

more stringent requirements or leave 

previously more stringent provisions 

equivalent to the federal program. 

25 Pa. Code, §§ 260a.10 ‘‘Treatment’’, 

262a.50, 264a.97(1)*, 264a.173(2)*, 

265a.173(2)*, 265a.175 (Reserved), 

270a.42(c)*, 270a.60(a)(1)*, 

270a.83(a)(4), 270a.51(a), 

270a.60(b)(2)(ii)*, 270a.60(b)(3)(ii)*, 

270a.60(b)(4)(ii)* and 270a.60(b)(5)(ii)*. 

(c) Changes to the Commonwealth’s 

Manifest Requirements 

The Commonwealth provisions listed 

below contain new and amended 

provisions that address the 

administration of the Pennsylvania 

hazardous waste manifest program. 

Some of these new provisions are 

additional requirements not found in 

the federal regulations and are therefore 

more stringent. 

25 Pa. Code, §§ 262a.20 introductory 

paragraph, 262a.20(1), 262a.21(b), 

262a.23(a)(1), 262a.23(a)(2)*, 

262a.23(a)(3), 262a.23(a)(4), 263a.12(3)*, 

263a.20(b)(2), 263a.20(b)(3), 263a.21(2), 

263a.21(3)*, 264a.71(1), 264a.71(3)*, 

264a.71(4), 265a.71(1), 265a.71(3)* and 

265a.71(4). 

(d) New Provisions Added for 

Clarification 

The following provisions are new 

provisions that the Commonwealth 

added to provide clarity on how the 

hazardous waste program operates or to 

provide guidance on proper compliance 

methods. Some of these new provisions 

increase the stringency of the hazardous 

waste program. 25 Pa. Code, 

§§ 261a.3(b)*, 262a.11, 

262a.12(b)(1)(v)*, 262a.34*, 262a.43 and 

270a.51(b)–(d). 

H. Where Are the Revised Pennsylvania 

Rules Different From the Federal Rules 

1. Pennsylvania Requirements That Are 

Broader in Scope Than the Federal 

Program 

The Pennsylvania hazardous waste 

program contains certain provisions that 

are beyond the scope of the Federal 

program. The following provisions from 

the December 20, 2002 amendments to 

the Commonwealth’s regulations are 

new and amended provisions that are 

broader in scope than the federal 

hazardous waste program. 

25 Pa. Code, §§ 263a.12(1) & (2), 

263a.13, 263a.24(b), 263a.26(c), 270a.3, 

and 262a.12(b)(2). 

These broader in scope provisions are 

not part of the program being authorized 

by today’s action. EPA cannot enforce 

requirements that are broader in scope, 

although compliance with such 

provisions is required by Pennsylvania 

law. A further discussion of 

Pennsylvania’s broader in scope 

provisions is found in the following 

application document for Pennsylvania: 

‘‘Pennsylvania Third Supplemental 

Legal Statement for Final 

Authorization.’’ 

2. Pennsylvania Requirements That Are 

More Stringent Than the Federal 

Program 

The Pennsylvania hazardous waste 

program contains some provisions that 

are more stringent than is required by 

the RCRA program as codified in the 

July 1, 2004 edition of title 40 of the 

Code of Federal Regulations (CFR), as 

amended through October 12, 2005. 

These more stringent provisions are 

being recognized as a part of the 

Federally authorized program. The 

specific more stringent provisions are 

noted in Section G.2. 

I. Who Handles Permits After This 

Authorization Takes Effect? 

After authorization, Pennsylvania will 

issue permits for all the provisions for 

which it is authorized and will 

administer the permits it issues. EPA 

will continue to administer any RCRA 

hazardous waste permits or portions of 

permits that we issued prior to the 

effective date of this authorization. Until 

such time as formal transfer of EPA 

permit responsibility to Pennsylvania 

occurs and EPA terminates its permit, 

EPA and Pennsylvania agree to 

coordinate the administration of permits 

in order to maintain consistency. We 

will not issue any more new permits or 

new portions of permits for the 

provisions listed in Section G after the 

effective date of this authorization. EPA 

will continue to implement and issue 

permits for HSWA requirements for 

which Pennsylvania is not yet 

authorized. 

J. How Does This Action Affect Indian 

Country (18 U.S.C. 115) in Pennsylvania 

Pennsylvania is not seeking 

authorization to operate the program on 


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Indian lands, since there are no 

Federally recognized Indian lands in 

Pennsylvania. 

K. What Is Codification and Is EPA 

Codifying Pennsylvania’s Hazardous 

Waste Program as Authorized in This 

Rule 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. We do this by 

referencing the authorized State rules in 

40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

NN, for this authorization of 

Pennsylvania’s program revisions until 

a later date. 

L. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

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 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it 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). For 

the same reason, this action would not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). In any 

case, Executive Order 13175 does not 

apply to this rule since there are no 

Federally recognized tribes in the 

Commonwealth of Pennsylvania. 

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 that may 

disproportionately affect children. 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. 

3701, et seq.) 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 18, 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 29, 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 9, 2009. 

William C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. E9–9792 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0809251266–81485–02] 

RIN 0648–XO65 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfers 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason quota 

transfers. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2009 commercial summer 

flounder quota to the Commonwealth of 

Virginia. In addition, the 

Commonwealth of Virginia is 

transferring a portion of its 2009 

commercial summer flounder quota to 

the State of New Jersey. By this action, 

NMFS adjusts the quotas and announces 

the revised commercial quota for each 

state involved. 

DATES: Effective April 24, 2009 through 

December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244, FAX (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from North Carolina through Maine. The 

process to set the annual commercial 


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