Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 31637 

exposed to the WTC dust cloud on the 

day the towers collapsed. Petitioners 

also criticize much of the data collected 

on WTC dust samples (both settled dust 

and worker breathing-zone samples) 

that were evaluated to understand 

exposures and insist that other testing of 

samples was or should have been 

conducted. They argue that many of the 

studies of WTC dust were inappropriate 

or invalid because they did not use test 

methods petitioners believe to be more 

appropriate and hypothesize about the 

likely results of testing using their 

preferred protocols. However, these 

arguments are speculative, and the 

Agency cannot rely on the petitioners’ 

conjectures and speculations as the 

basis for a regulation. While more 

systematic collection of human 

exposure and other data concerning the 

WTC disaster and its aftermath may 

have provided a better basis for 

evaluating WTC exposures, the Agency 

must rely on the data that do exist. 

Petitioners also fail to connect any 

particular WTC exposures to waste 

management activities. That is, not all 

WTC worker and other exposures were 

exposures to waste, but petitioners do 

not identify particular exposures as 

resulting from waste or waste 

management, and distinguish them from 

exposures unrelated to waste 

management activities (such as 

exposure to the dust cloud on the day 

the towers collapsed). Identifying 

exposures resulting from waste 

management is a necessary part of 

petitioner arguments to revise the 

corrosivity regulation, as RCRA gives 

the Agency authority only to control 

waste and waste management and its 

resulting hazards. The Agency’s 

conclusion after examining the existing 

data related to this issue is that based on 

available data, it is not possible to 

identify WTC exposures that may be 

related to waste management as distinct 

from activities and exposures unrelated 

to waste management. Absent a 

connection to waste management 

activities, RCRA does not apply. The 

petitioners have also not explained their 

assertion that more stringent RCRA 

corrosivity regulation would have 

reduced WTC worker exposures and 

hazards, nor how their requested 

revision of the RCRA corrosivity 

regulation now would reduce risks in a 

future event. 

Other exposures cited by the 

petitioners as supporting the need for 

revision of the corrosivity regulations 

(exposure to CKD and building 

demolition dust) similarly have also not 

been found to cause corrosive injury. 

Petitioners also identify a Superfund 

site not considered in developing the 

tentative denial, where caustic soda 

(sodium hydroxide) and hydrofluoric 

acid were found to be mishandled but 

were removed from the site and 

disposed before NPL listing, although 

some residual material was found. 

However, the lack of pH testing or other 

detailed reporting of this material makes 

it difficult to evaluate its relevance to 

the petitioners’ requests. No off-site 

contamination, ecological damage or 

injuries were identified. 

In consideration of the information 

and arguments submitted to the Agency 

in response to its tentative denial of the 

petitioners’ rulemaking request, and the 

Agency’s evaluation and other relevant 

information identified by the Agency, as 

described above and in the Response to 

Comments document accompanying 

today’s Notice, the Agency has 

determined that because changes to the 

existing RCRA corrosivity characteristic 

regulation are not supported by the 

available information, such changes are 

unwarranted. Consequently, the Agency 

denies the PEER/Jenkins Rulemaking 

petition to revise the RCRA corrosivity 

regulation in its entirety. 

List of Subjects in 40 CFR Part 261 

Environmental protection, Hazardous 

waste, Incorporation by reference, 

Recycling, Reporting and recordkeeping 

requirements, Recycling. 

Barry Breen, 

Acting Assistant Administrator, Office of 

Land and Emergency Management. 

[FR Doc. 2021–12327 Filed 6–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2021–0047; FRL–10024– 

12-Region 9] 

Nevada: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting Nevada final 

authorization for changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The Agency published a 

Proposed Rule on April 5, 2021, and 

sought public comment. No comments 

were received on the proposed 

revisions. No further opportunity for 

comment will be provided. 

DATES: This final authorization is 

effective June 15, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–RCRA–2021–0047. All 

documents in the docket are listed on 

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

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

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 electronically 

through http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sorcha Vaughan, Vaughan.Sorcha@

epa.gov, 415–947–4217. 

SUPPLEMENTARY INFORMATION: 

A. What changes to Nevada’s 

hazardous waste program is the EPA 

authorizing with this action? 

On January 8, 2021, Nevada submitted 

a complete program revision application 

seeking authorization of changes to its 

hazardous waste program in accordance 

with 40 CFR 271.21. The EPA now 

makes a final decision that Nevada’s 

hazardous waste program revisions that 

are being authorized are equivalent to, 

consistent with, and no less stringent 

than the Federal program, and therefore 

satisfy all of the requirements necessary 

to qualify for final authorization. For a 

list of State rules being authorized with 

this Final Authorization, please see the 

Proposed Rule published in the April 5, 

2021, Federal Register at 86 FR 17572. 

B. What is codification and is the EPA 

codifying the Nevada’s hazardous 

waste program as authorized in this 

rule? 

Codification is the process of placing 

citations and references to a state’s 

statutes and regulations that comprise a 

state’s authorized hazardous waste 

program into the Code of Federal 

Regulations. The EPA does this by 

adding those citations and references to 

the authorized State rules in 40 CFR 

part 272. The EPA is not codifying the 

authorization of Nevada’s revisions at 

this time. However, the EPA reserves 

the ability to amend 40 CFR part 272, 

subpart DD for the authorization of 

Nevada’s program changes. 

C. Statutory and Executive Order 

Reviews 

This final authorization revises 

Nevada’s authorized hazardous waste 

management program pursuant to 

Section 3006 of RCRA and imposes no 


khammond on DSKJM1Z7X2PROD with RULES
31638 Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations 

1See Coronavirus Aid, Relief, and Economic 

Security Act, Public Law 116–136, 134 Stat. 281 

(Mar. 27, 2020). 

requirements other than those currently 

imposed by State law. For further 

information on how this authorization 

complies with applicable executive 

orders and statutory provisions, please 

see the Proposed Rule published in the 

April 5, 2021, Federal Register at 86 FR 

17572. 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. The 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 final action will 

be effective June 15, 2021. 

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, and 

6974(b). 

Dated: June 1, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–12458 Filed 6–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 302 

[Docket No. 210608–0124] 

RIN 0660–AA36 

Connecting Minority Communities 

Pilot Program 

AGENCY: National Telecommunications 

and Information Administration (NTIA), 

Department of Commerce (DOC). 

ACTION: Final rule. 

SUMMARY: The Consolidated 

Appropriations Act of 2021 (the ‘‘Act’’) 

appropriated $285 million to the 

National Telecommunications and 

Information Administration (NTIA) to 

establish the Connecting Minority 

Communities (CMC) Pilot Program. The 

CMC Pilot Program will provide grants 

to eligible historically Black colleges or 

universities (HBCUs); Tribal Colleges or 

Universities (TCUs); and Minorityserving institutions (MSIs) in anchor 

communities for broadband internet 

access service, equipment, or to hire 

information technology personnel to 

facilitate educational instruction 

including remote instruction, and to 

lend or provide equipment to eligible 

students or patrons. This final rule 

describes NTIA’s programmatic scope, 

eligibility criteria, and general 

guidelines for the CMC Pilot Program as 

authorized by the Act. NTIA will 

subsequently publish a Notice of 

Funding Opportunity (NOFO) on 

www.grants.gov that will provide more 

details regarding the CMC eligibility 

guidelines, application instructions, and 

program requirements. 

DATES: This final rule is effective on 

June 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Scott Woods, Senior Broadband 

Program Specialist, telephone: (202) 

306–3096, email: SWoods@ntia.gov; or 

Francine Alkisswani, 

Telecommunications Policy Analyst, 

telephone: (202) 482–5560, email: 

FAlkisswani@ntia.gov, Office of 

Telecommunications and Information 

Applications, National 

Telecommunications and Information 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Room 4878, Washington, DC 

20230. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Statutory Requirements 

III. Regulatory Analyses & Notices 

I. Background 

NTIA, the Executive Branch agency 

principally responsible for advising the 

President on telecommunications and 

information policy issues, launched its 

Minority Broadband Initiative (MBI) in 

November 2019 as an integral part of 

NTIA’s mission and commitment to 

expanding broadband internet access 

and adoption in America. With the MBI, 

NTIA took the lead on minority 

stakeholder engagement on broadband 

deployment in unserved and 

underserved areas of the country 

through initially partnering with HBCUs 

and TCUs. The Consolidated 

Appropriations Act, 2021, Division N, 

Title IX, Section 902, Public Law 116– 

260, 134 Stat. 1182 (Dec. 27, 2020), 

codifies the work of the MBI by 

directing NTIA to establish the Office of 

Minority Broadband Initiatives, 

expanding the Agency’s reach to engage 

MSIs, and to promulgate rules 

establishing the CMC Pilot Program. The 

purpose of the Act is to realize the 

potential of HBCU, TCU, and MSI 

institutions that will aid in America’s 

economic development, growth of social 

capital and increased productivity. 

NTIA will build and expand upon its 

relationships with HBCU, TCU and MSI 

institutions to both fulfill the duties of 

the Office of Minority Broadband 

Initiatives and to implement the CMC 

Pilot Program. 

Moreover, NTIA’s mission is to foster 

robust broadband access, connectivity 

and adoption as these are essential 

elements to support the nation’s 

economic growth and social 

advancement. NTIA believes that 

broadband is a conduit for economic 

development and social opportunities 

for U.S. households and a gateway to 

increased productivity, growth and 

market access for businesses of all sizes. 

Yet, many American communities, 

households and critical anchor 

institutions lack sufficient broadband 

connectivity and experience significant 

challenges with digital inclusion, 

adoption, access and equity, specifically 

within vulnerable communities, 

communities of color, and with students 

at HBCUs, TCUs and MSIs. The COVID– 

19 pandemic has exacerbated these 

inequities for students, faculty and staff 

at HBCUs, TCUs and MSIs. 

To address these critical issues, 

Congress passed the Act to enhance and 

expand certain provisions of the 

Coronavirus Aid, Relief, and Economic 

Security Act (the ‘‘CARES Act’’).1 In the 

Act, Congress directed NTIA to provide 

grants to eligible recipients in anchor 

communities for the purchase of 

broadband internet access service or any 

eligible equipment, or to hire and train 

information technology personnel: (1) 

To facilitate educational instruction and 

learning, including through remote 

instruction; or (2) to operate a minority 

business enterprise; or (3) to operate a 

tax-exempt organization described in 

section 501(c)(3) of the Internal Revenue 

Code of 1986, as amended. Through this 

CMC Pilot Program, NTIA will directly 

address the lack of broadband access, 

connectivity, adoption and equity at our 


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