Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations 28399

States may use State waiver authorities

to relax authorized State rules to the

extent those rules are more stringent

than analogous Federal rules (See, for

example, 63 FR 65874 at 65925

(November 30, 1998)).

In addition, if a State authorized to

implement the RCRA program has a

permit waiver authority that is

analogous to EPA’s authority under

section 121(e) of the Comprehensive

Environmental Response, Compensation

and Liability Act (CERCLA) or RCRA

section 7003, it may use this authority

to waive the requirement to obtain a

RCRA permit with respect to on-site

response actions. As explained in EPA

guidance, the two preconditions to

allowing the use of this authority are

that: ‘‘(1) The State has the authority

under its own statutes or regulations to

grant permit waivers; and (2) the State

waiver authority is used in no less

stringent a manner than allowed under

Federal permit waiver authority, for

example, section 7003 of RCRA or

section 121(e) of CERCLA.’’ (See the

Memorandum, ‘‘RCRA Permit

Requirements for State Superfund

Actions’’, from J. Winston Porter to

Regional Administrators, Region I–X

(Nov. 16, 1987) (OSWER Dir. No.

9522.00–2).) Nothing in this

clarification document changes or

affects this policy in any way.

4. Summary

The references in 40 CFR 272.2501

and appendix A to part 272 to sections

144.64(3) and 291.31 of the Wisconsin

Statutes and sections NR 181.55(10) and

680.50 of the Wisconsin Administrative

Code provide notice that the State, as

part of the authorized program, may use

this authority only: (1) to grant

variances from the surface

impoundment double liner

requirements of RCRA in those cases

wherein the facility meets all of the

requirements of RCRA section 3005(j);

(2) to grant variances from more

stringent authorized requirements that

impose instead the same standards as

the less stringent federal requirement;

and (3) in the manner consistent with

sections 7003 of RCRA or 121(e) of

CERCLA, as described in applicable

EPA guidance. Use of the State hardship

variance authority with respect to any

other authorized RCRA requirements is

not part of the RCRA approved State

program. Of course, States retain

authority to waive or vary those State

requirements that are broader in scope

than, and therefore not part of, the

Federal RCRA program. Therefore, with

certain limited exceptions discussed

herein, a State hardship variance cannot

excuse compliance with RCRA program

requirements. Persons who fail to

comply with RCRA program

requirements are subject to Federal

enforcement under sections 3008, 3013,

and 7003 of RCRA.

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).

David A. Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 01–12894 Filed 5–22–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1221, MM Docket No. 01–45, RM–

9997]

Digital Television Broadcast Service;

Mountain View, AR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Arkansas Educational

Television Commission, licensee of

noncommercial educational station

KEMB(TV), substitutes DTV channel

*13 for DTV channel *35 at Mountain

View, Arkansas. See 66 FR 12748,

February 28, 2001. DTV channel *13

can be allotted to Mountain View in

compliance with the principle

community coverage requirements of

section 73.625(a) at reference

coordinates (35–48–47 N. and 92–17–24

W.) with a power of 20.0, HAAT of 425

meters and with a DTV service

population of 337 thousand. With this

action, this proceeding is terminated.

DATES: Effective July 2, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–45,

adopted May 16, 2001, and released

May 18, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR Part 73—[Amended]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Arkansas, is amended by removing DTV

channel *35 and adding DTV channel

*13 at Mountain View.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–12991 Filed 5–22–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1222, MM Docket No. 01–29, RM–

10044]

Digital Television Broadcast Service;

Butte, MT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Eagle Communications, Inc.,

licensee of station KTVM(TV),

substitutes DTV channel 33 for DTV

channel 2 at Butte, Montana. See 66 FR

9062, February 6, 2001. DTV channel 33

can be allotted to Butte in compliance

with the principle community coverage

requirements of section 73.625(a) at

reference coordinates (46–00–27 N. and

112–26–30 W.) with a power of 1000,

HAAT of 576 meters and with a DTV

service population of 122 thousand.

Since Butte is located within 400

kilometers of the U.S.-Canadian border,

concurrence by the Canadian

government has been obtained for this

allotment.

With this action, this proceeding is

terminated.

DATES: Effective July 2, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–29,