Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Proposed Rules 33881

9, 1996, EPA Region 10 advised that any

analysis of whether the monitor was

properly sited would need to be

conducted in the context of 40 CFR part

58, Appendix E, which provides

specific criteria for the placement of CO

monitors, including consideration of the

placement of such monitors vis-a-vis

street canyons and traffic corridors. In

addition, the State of Washington

Department of Ecology provided EPA

with copies of four audit reports from

1995 which indicate that that CO

monitor met the Part 58 siting criteria

and that the monitor was reporting

accurately with the acceptance criteria.

This information was provided to the

City of Spokane in a letter dated May

28, 1996.

EPA believes that the 1995

exceedances are valid for use in

determining the attainment status of the

Spokane area. EPA is therefore

proposing to find, based on the 1995 CO

violations discussed above, that the area

did not attain the CO NAAQS by

December 31, 1995.

III. Executive Order (EO) 12866

Under E.O. 12866, 58 FR 51735

(October 4, 1993), EPA is required to

determine whether regulatory actions

are significant and therefore should be

subject to OMB review, economic

analysis, and the requirements of the

Executive Order. The Executive Order

defines a ‘‘significant regulatory action’’

as one that is likely to result in a rule

that may meet at least one of the four

criteria identified in section 3(f),

including, under paragraph (1), that the

rule may ‘‘have an annual effect on the

economy of $100 million or more or

adversely affect, in a material way, the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities.’’ The Agency has

determined that the finding of failure to

attain proposed today would result in

none of the effects identified in section

3(f). Under section 186(b)(2) of the CAA,

findings of failure to attain and

reclassification of nonattainment areas

are based upon air quality

considerations and must occur by

operation of law in light of certain air

quality conditions. They do not, in and

of themselves, impose any new

requirements on any sectors of the

economy. In addition, because the

statutory requirements are clearly

defined with respect to the differently

classified areas, and because those

requirements are automatically triggered

by classifications that, in turn, are

triggered by air quality values, findings

of failure to attain and reclassification

cannot be said to impose a materially

adverse impact on State, local, or tribal

governments or communities.

IV. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000. As

discussed in section III of this notice,

findings of failure to attain and

reclassification of nonattainment areas

under section 186(b)(2) of the CAA do

not in and of themselves create any new

requirements. Therefore, I certify that

today’s proposed action does not have a

significant impact on small entities.

V. Unfunded Mandates

Under sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (Unfunded Mandates Act), signed

into law on March 22, 1995, EPA must

assess whether various actions

undertaken in association with

proposed or final regulations include a

Federal mandate that may result in

estimated costs of $100 million or more

to the private sector, or to State, local or

tribal governments in the aggregate. EPA

believes, as discussed above, that the

proposed finding of failure to attain and

reclassification of the Spokane

nonattainment area are factual

determinations based upon air quality

considerations and must occur by

operation of law and, hence, do not

impose any Federal intergovernmental

mandate, as defined in section 101 of

the Unfunded Mandates Act.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Intergovernmental

relations, Carbon monoxide.

Authority: 42 U.S.C. 7401–7671q.

Dated: June 17, 1996.

Chuck Clarke,

Regional Administrator.

[FR Doc. 96–16670 Filed 6–28–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 260, 261, 262, 264, 268,

269 and 271

[FRL–5528–9]

Requirements for Management of

Hazardous Contaminated Media

(HWIR-media); Proposed Rule—Notice

of Extension of Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule: notice of

extension of comment period.

SUMMARY: Since publication of the

proposed rule for Requirements for

Management of Hazardous

Contaminated Media (HWIR-media) (61

FR 18780 (April 29, 1996)), EPA has

received several requests to extend the

comment period. Today, the Agency is

extending the comment period 30 days

to August 28, 1996.

DATES: The comment period on the

proposed rule for Requirements for

Management of Hazardous

Contaminated Media (61 FR 18780) is

extended from July 29, 1996 to August

28, 1996.

ADDRESSES: Commenters on the HWIRmedia proposal must send an original

and two copies of their comments

referencing Docket Number F–96–

MHWP–FFFFF to: (1) If using regular

US Postal Service mail: RCRA Docket

Information Center, Office of Solid

Waste (5305W), U.S. Environmental

Protection Agency Headquarters (EPA,

HQ), 401 M Street, SW., Washington,

DC 20460, or (2) if using special

delivery, such as overnight express

service : RCRA Docket Information

Center (RIC), Crystal Gateway One, 1235

Jefferson Davis Highway, First Floor,

Arlington, VA 22202. For other

information regarding submitting

comments electronically or viewing the

comments received and supporting

information, please refer to the

proposed rule (61 FR 17870 (April 29,

1996)). The RCRA Information Center is

located at Crystal Gateway One, 1235

Jefferson Davis Highway, First Floor,

Arlington Virginia and is open for

public inspection and copying of

supporting information for RCRA rules

from 9 am to 4 pm Monday through

Friday, except for Federal holidays. The

public must make an appointment to

view docket materials by calling (703)

603–9230. The public may copy a

maximum of 100 pages from any

regulatory document at no cost.

Additional copies cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For

general information, call the RCRA

Hotline at 1–800–424–9346 or TDD 1–

800–553–7672 (hearing impaired).
33882 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Proposed Rules

Callers within the Washington

Metropolitan Area must dial 703–412–

9810 or TDD 703–412–3323 (hearing

impaired). The RCRA Hotline is open

Monday-Friday, 9 a.m. to 6 p.m.,

Eastern Standard Time. For more

detailed information on specific aspects

of the HWIR-media rulemaking, contact

Carolyn L. Hoskinson, Office of Solid

Waste (5303W), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, phone (703)

308–8626.

SUPPLEMENTARY INFORMATION: On April

29, 1996, EPA proposed Requirements

for Management of Hazardous

Contaminated Media (HWIR-media). See

61 FR 17870. The Agency established a

90-day comment period and indicated

that comments on the proposal would

be accepted until July 29, 1996.

EPA has received written requests to

extend the comment period for HWIRmedia from the Commonwealth of

Massachusetts, WMX Technologies,

Inc., American Petroleum Institute, and

the American Industrial Health Council.

The additional time requested was for

60 days.

As justification for a time extension,

stakeholders noted: (1) the significant

impact on state superfund and

hazardous waste programs, (2) the need

to coordinate comments with other

organizations, (3) the complexity of the

rulemaking, (4) the overlap of this

comment period with the comment

period for the Advanced Notice of

Proposed Rulemaking (ANPR) for

Corrective Action for releases from

Solid Waste Management Units at

Hazardous Waste Management Facilities

(61 FR 19432 (May 1, 1996)) which ends

July 30, 1996, and (5) the need to gather

and evaluate data.

The Agency has decided to grant an

additional 30 days beyond the proposed

90-day comment period to allow

stakeholders enough time to review the

provisions of the rulemaking and to

formulate comments and

recommendations for the Agency’s

consideration in developing the final

rule. The Agency believes that 120 days

allows for sufficient time for

commenters to evaluate the proposal,

coordinate comments with others, and

gather and evaluate data. This 30 day

extension will stagger the comment

deadlines for this proposed rule and the

corrective action ANPR (61 FR 19432)

mentioned above.

The Agency does not believe that the

60 day extension requested is necessary.

The Agency has extensively involved

stakeholders during the preparation of

the proposed rulemaking, beginning in

January 1993. EPA announced public

meetings of the HWIR Federal Advisory

Committee in the Federal Register and

the public was invited to attend and

participate in the discussions between

January 1993 and September 1994.

Stakeholders were aware of the types of

issues that would be discussed in the

proposed rule, and therefore have had

adequate time to prepare to present

comments and data to the Agency on

the general issues. As for the specific

requirements proposed in the April 29,

1996 proposal, 120 days provides

sufficient time to respond. There is

broad agreement that reform of the

RCRA Subtitle C management

requirements for remediation wastes is

needed. The Agency wishes to move

forward with this important reform, and

believes that the requested 60 day

extension would cause unnecessary

delay. Accordingly, the Agency is

extending the comment period 30 days

to August 28, 1996 to provide for a 120-

day comment period.

The Agency also received requests to

extend the comment period for 60

additional days for the RCRA corrective

action Advance Notice of Proposed

Rulemaking (‘‘ANPR’’) (61 FR 19432)

from American Petroleum Institute and

the American Industrial Health Council.

As justification for a time extension,

stakeholders noted: (1) The need for

adequate time for public review, and (2)

limited expert resources to comment on

both the HWIR-media (61 FR 18780)

proposal and the corrective action

ANPR (61 FR 19432) at the same time.

The Agency has decided to retain the

current 90 day comment period for the

ANPR; comments on the ANPR are due

by July 30, 1996. Although the ANPR

requests comment on a range of

corrective action issues, it does not

propose any specific changes to the

program, and is primarily soliciting

views of interested parties rather than

detailed technical analysis. Therefore,

the Agency believes that a 90 day public

comment period is adequate time. The

Agency intends to move expeditiously

forward with its plans to identify and

implement improvements to the

corrective action program. Any newly

proposed or reproposed corrective

action regulations which follow the

ANPR will undergo appropriate public

involvement and review as part of the

rulemaking process. In addition, the

Agency is providing relief from

commenting on HWIR-media and the

corrective action ANPR at the same time

by extending the comment period for

the HWIR-media proposal.

One of the requests for an extension

asked that the Agency specifically

identify those portions of the 1990

corrective action proposal (55 FR 30798

(July 27, 1990)) which EPA plans to

promulgate as final. EPA has not

determined what, if any, portions of the

1990 proposal are appropriate for

finalizing, but rather solicited comment

on this issue. EPA provided opportunity

for notice and comment on the 1990

proposal at the time of that proposal.

Comments submitted during the 1990

comment period, as well as comments

on this ANPR, will be considered before

the Agency takes final action on any

part of the 1990 proposal. In the May 1,

1996 ANPR (61 FR 19432) EPA requests

that commenters identify specific

elements of the 1990 proposal which

could be promulgated without

additional public review and the

advantages and disadvantages of

immediately promulgating such

provisions. Please see the May 1, 1996

ANPR (61 FR 19432, 19456) for

additional discussion of this issue.

Dated: June 20, 1996.

Elliott Laws,

Assistant Administrator for the Office of Solid

Waste and Emergency Response.

[FR Doc. 96–16669 Filed 6–28–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7184]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each