Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations 32345

approved in this action, the State and

any affected local governments have

elected to adopt the program provided

for under Title I and sections 110, 172,

189, and 190 of the Clean Air Act. The

rules and commitments approved in this

action may bind state and local

governments to perform certain actions

and also may ultimately lead to the

private sector being required to perform

certain duties. To the extent that the

rules and commitments being approved

by this action will impose or lead to the

imposition of any mandate upon the

state or local governments either as the

owner or operator of a source or as a

regulator, or would impose or lead to

the imposition of any mandate upon the

private sector, EPA’s action will impose

no new requirements; such sources are

already subject to these requirements

under State law. Accordingly, no

additional costs to State or local

governments, or to the private sector,

result from this action. Therefore, EPA

has determined that this final action

does not include a mandate that may

result in estimated costs of $100 million

or more to the State or local

governments in the aggregate or to the

private sector.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: March 31, 1996.

Felicia Marcus,

Regional Administrator.

Subpart F of 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. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (226) and (228) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

* * * * *

(226) Air Quality Management Plan

for the following APCD was submitted

on September 11, 1991, by the

Governor’s designee.

(i) Incorporation by reference.

(A) Great Basin Unified Air Pollution

Control District.

(1) Air Quality Management Plan for

the Mammoth Lakes PM–10 Planning

Area adopted December 12, 1990.

* * * * *

(228) Air Quality Management Plans

for the following APCD were submitted

on January 9, 1992, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Great Basin Unified Air Pollution

Control District.

(1) Revisions to the Air Quality

Management Plan for Mammoth Lakes

PM–10 Planning Area adopted

November 6, 1991.

(i) Rule 431 adopted November 6,

1991.

(ii) Town of Mammoth Lakes

Municipal Code Chapter 8.30 dated

October 2, 1991.

[FR Doc. 96–15905 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5510–9]

Nevada: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The State of Nevada has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has completed

its review of Nevada’s application and

has made a decision, subject to public

review and comment, that Nevada’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Thus,

EPA intends to approve Nevada’s

hazardous waste program revisions.

Nevada’s application for program

revision is available for public review

and comment.

DATES: Final authorization for Nevada is

effective August 23, 1996. Unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Nevada’s

program revision application must be

received by the close of business July

24, 1996.

ADDRESSES: Copies of Nevada’s program

revision application is available during

the business hours of 9:00 a.m. to 5:00

p.m. at the following addresses for

inspection and copying:

Nevada Department of Conservation and

Natural Resources, Division of

Environmental Protection, 333 W.

Nye Lane, Carson City, NV 89710

Phone: 702/687–5872, Contact L. H.

Dodgion, Administrator

U.S. EPA Region IX Library-Information

Center, 75 Hawthorne Street, San

Francisco, CA 94105 Phone: 415/744–

1510.

Written comments should be sent to

Lisa McClain-Vanderpool, U.S. EPA

Region IX (H–4), 75 Hawthorne Street,

San Francisco, CA 94105 Phone: 415/

744–2086.

FOR FURTHER INFORMATION CONTACT: Lisa

McClain-Vanderpool , U.S. EPA Region

IX (H–4), 75 Hawthorne Street, San

Francisco, CA 94105 Phone: 415/744–

2086.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6929(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. Revisions to

State hazardous waste programs are

necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 260–

266, 268, 124, 270 and 279.

B. Nevada

Nevada initially received final

authorization for the base program on

November 1, 1985. On June 12, 1995,

Nevada received final authorization for

revisions to its hazardous waste

program, which included substantially

all the Federal RCRA implementing

regulations published in the Federal

Register through July 1, 1994. On March

28, 1996, Nevada submitted an

application for additional revision

approvals. Nevada is seeking approval

of its program revisions in accordance

with 40 CFR 271.21.

EPA has reviewed Nevada’s

application, and has made an immediate

final decision that Nevada’s hazardous
32346 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to approve final

authorization for Nevada’s hazardous

waste program revisions. The public

may submit written comments on EPA’s

immediate final decision up until July

24, 1996. Copies of Nevada’s

applications for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this notice.

Approval of Nevada’s program

revisions is effective in 60 days unless

an adverse comment pertaining to the

State’s revisions discussed in this notice

is received by the end of the comment

period. If an adverse comment is

received, EPA will publish either (1) a

withdrawal of the immediate final

decision or (2) a notice containing a

response to the comment which either

affirms that the immediate final

decision takes effect or reverses the

decision.

Nevada is applying for authorization

for changes and additions to the Federal

RCRA implementing regualtions that

occurred between July 1, 1994 and July

1, 1995, including the following Federal

hazardous waste regulations:

Federal requirement State analog

Recovered oil exclusion; (59 FR 38536, July 28, 1994) ................................................................................................ Nevada Revised Statutes

(NRS) 459.485 and

459.490; Nevada Administrative Code (NAC)

444.8632 through

444.8634 and regulations

included as Section 4 of

LCB File No. R027–95.

Removal of the conditional exemption for certain slag residues; (59 FR 43496, August 24, 1994) ............................. Same as above.

Universal treatment standards and treatment standards for organic toxicity characteristic wastes and newly listed

wastes; (59 FR 47982, September 19, 1994).

Same as above.

Organic air emission standards for tanks, surface impoundments, and containers; amendment; (59 FR 62896, December 6, 1994 and 60 FR 26828, May 19, 1995).Same as above.

Hazardous Waste Management System; Testing and monitoring activities amendment I; (60 FR 3089, January 13,

1995).

Same as above.

Carbamate production identification and listing of hazardous waste; (60 FR 7824, February 9, 1995) ....................... Same as above.

Hazardous Waste Management System; Testing and monitoring activities amendment II; (60 FR 17001, April 4,

1995).

Same as above.

Universal Waste Rule; (60 FR 25492, May 11, 1995) Removal of legally obsolete rules; (60 FR 33912, June 29,

1995).

Same as above.

NOTE: NRS 459.485 effective 1981, amended 1991; NRS 459.490 effective 1981, amended 1987. NAC 444.8632 adopts by reference 40 CFR

part 2, subpart A; part 124, subparts A and B; parts 260 through 270, inclusive; part 273 and part 279 as modified by NAC 444.8633, NAC

444.8634, 444.86325 and the regulations included as Section 4 of LCB file no. R027–95 (filed with the Secretary of State on November 9, 1995).

Nevada agrees to review all State

hazardous waste permits which have

been issued under State law prior to the

effective date of this authorization.

Nevada agrees to then modify or revoke

and reissue such permits as necessary to

require compliance with the amended

State program. The modifications or

revocation and reissuance will be

scheduled in the annual State Grant

Work Plan.

Nevada is not being authorized to

operate any portion of the hazardous

waste program on Indian lands.

C. Decision

I conclude that Nevada’s application

for program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Nevada is granted final authorization to

operate its hazardous waste program as

revised.

Nevada is now responsible for

permitting treatment, storage, and

disposal facilities within its borders and

carrying out 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 (Public Law

98–616, November 8, 1984) (‘‘HSWA’’).

Nevada also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

section 3007 of RCRA and to take

enforcement actions under section 3008,

3013 and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 USC

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Nevada’s

program, thereby eliminating

duplicative requirements for handlers of

hazardous waste in the State. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

Environmental Protection,

Administrative practice and procedure,

Confidential business information,

Hazardous materials transportation,

Hazardous waste, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice 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: May 20, 1996.

Felicia Marcus,

Regional Administrator.

[FR Doc. 96–13986 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P