Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5751 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34) (g), of the Instruction, from further 

environmental documentation. Under 

figure 2–1, paragraph (34) (g), of the 

Instruction, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

Regulation 

■ For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. A temporary § 165.T05–901 is 

added to read as follows: § 165.T05–901 

Safety Zone: Trent River between New 

Bern and James City, North Carolina. 

(a) Regulated area: The following area 

is a safety zone: waters of the Trent 

River, from the Norfolk Southern 

Railroad Bridge and Union Point New 

Bern, NC to the U.S. Route 17 Highway 

Bridge at James City, NC, latitude 35°06′ 

N, longitude 77°02′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: Captain of the Port 

Representative any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port or a Captain of the 

Port Representative. All vessel 

movement within the safety zone is 

prohibited except as specifically 

authorized by the Captain of the Port or 

a Captain of the Port Representative. 

The general requirements of § 165.23 

also apply to this regulation. 

(2) Persons or vessels requiring entry 

into or passage through any portion of 

the safety zone must first request 

authorization from the Captain of the 

Port, or his Representative, unless the 

Captain of the Port previously 

announced via Marine Safety Radio 

Broadcast on VHF Marine Band Radio 

channel 22 (157.1 MHz) that this 

regulation will not be enforced in that 

portion of the safety zone. The Captain 

of the Port can be contacted at telephone 

number (252) 247–4570 or (252) 247–

4546, or by radio on VHF Marine Band 

Radio, channels 13 and 16. 

(d) The Captain of the Port will notify 

the public of changes in the status of 

this zone by Marine Safety Radio 

Broadcast on VHF Marine Band Radio, 

Channel 22 (157.1 MHz). 

(e) Enforcement period: This rule is 

effective from 10:00 a.m. to 2:00 p.m. 

each Tuesday, Wednesday, and 

Thursday from January 25, 2008 through 

February 28, 2008. 

Dated: January 23, 2008. 

J.E. Ryan, 

Commander, U.S. Coast Guard, Captain of 

the Port, North Carolina. 

[FR Doc. 08–448 Filed 1–29–08; 9:57 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R07–RCRA–2006–0878; FRL–8523–2] 

Adequacy of Nebraska Municipal Solid 

Waste Landfill Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action approves 

Nebraska’s Research, Development and 

Demonstration (RD&D) permit program 

and updates to the approved Municipal 

Solid Waste Landfill Permit (MSWLP) 

program. On March 22, 2004, the EPA 

issued final regulations allowing RD&D 

permits to be issued to certain 

municipal solid waste landfills by 

approved States. On September 27, 

2006, Nebraska submitted an 

application to the EPA seeking Federal 

approval of its RD&D requirements and 

to update Federal approval of its 

MSWLP Program. On November 16, 

2006, the EPA published direct final 

and proposed rules to approve the 

application on January 16, 2007, if 

adverse comment was not received. EPA 

received adverse comment and 

withdrew the direct final rule on 

January 16, 2007. This action addresses 

the comment and approves the Nebraska 

application. 

DATES: This final determination is 

effective January 31, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–RCRA–2006–0878. All 

documents in the docket are listed on 

the http://www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Solid Waste/Pollution 

Prevention Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:00 to 4:30 excluding Federal holidays. 

The interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Chilton McLaughlin, EPA Region 7, 

Solid Waste/Pollution Prevention 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101, telephone (913) 

551–7666, or by e-mail at 

mclaughlin.chilton@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On March 22, 2004, the EPA issued 

final regulations allowing RD&D permits 

to be issued at certain municipal solid 

waste landfills (69 FR 13242). This new 

provision may only be implemented by 

an approved State. While States are not 

required to seek approval for this new 

provision, those States that are 

interested in providing RD&D permits to 

municipal solid waste landfills must 

seek approval from EPA before issuing 

such permits. The current request is for 

approval to issue RD&D permits. 

Nebraska received partial approval for 

40 CFR part 258 provisions on October 

5, 1993 (58 FR 51819). The provision 

that it received partial approval for did 

not include requirements for 

groundwater monitoring at small, arid 

landfills as required by an opinion by 

the United States Court of Appeals on 

February 12, 1992, which instructed 


pwalker on PROD1PC71 with RULES
5752 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 

EPA to require groundwater monitoring 

at all landfills. The updated State rules 

impose groundwater monitoring at 

small, arid landfills. The current request 

also incorporates the August 7, 1995, 

rule (60 FR 40105) which modifies the 

financial assurance criteria; September 

25, 1996, rule (61 FR 50413) which 

relates to groundwater exemptions of 

small, arid, remote landfills; November 

27, 1996, rule (61 FR 60328 at 60337) 

which adds financial mechanisms for 

local governments; and April 10, 1998, 

rule (63 FR 17706 at 17729) which adds 

a financial test and corporate guarantee 

to financial assurance mechanisms. 

Approval procedures for new provisions 

of 40 CFR part 258 are outlined in 40 

CFR 239.12. 

On September 27, 2006, Nebraska 

submitted an application to the EPA 

seeking Federal approval of its RD&D 

requirements and to update Federal 

approval of its MSWLP Program. On 

November 16, 2006, the EPA published 

direct final and proposed rules (71 FR 

66686 and 71 FR 66722, respectively) to 

approve the application on January 16, 

2007, if adverse comment was not 

received. EPA received adverse 

comment and withdrew the direct final 

rule on January 16, 2007 (72 FR 1670). 

B. Response to Comment 

The comment was from the 

GrassRoots Recycling Network (GRRN). 

The GRRN objected to Nebraska’s effort 

to implement an RD&D permit program 

alleging that the underlying RD&D 

violates the Resource Conservation and 

Recovery Act (RCRA) and the National 

Environmental Policy Act (NEPA). The 

commenter objected to what it claims 

are inadequacies in the underlying 

RD&D rule, namely, an allegedly 

unlimited number of permits and an 

allegedly unlimited program duration. 

EPA is proceeding with its approval 

of the Nebraska program. First, it should 

be noted that the timeframe within 

which challenges to the Federal 

underlying RD&D rule may be filed has 

expired. (See 42 U.S.C. 6976, petitions 

challenging a RCRA regulation must be 

filed within 90 days of promulgation.) 

The GRRN has challenged the rule 

before the U.S. Court of Appeals for the 

D.C. Circuit, which found that GRRN 

did not have standing to challenge the 

rule (GrassRoots Recycling Network v. 

EPA, No. 04–1196 (D.C. Cir.)). 

Moreover, EPA does not intend to 

reopen the underlying RD&D rule in its 

approval of state programs. The issue 

before the Agency in this action is 

whether Nebraska’s submitted RD&D 

program is adequate under RCRA and 

EPA’s Subtitle D regulations, but the 

comment is addressed to the underlying 

Federal program. Thus, the comment 

does not change EPA’s decision to 

approve Nebraska’s submitted RD&D 

program. 

C. Decision 

After a thorough review, EPA Region 

7 determined that Nebraska’s RD&D 

provisions and the updated rules for its 

Municipal Solid Waste Landfill Permit 

Program (the August 7, 1995, rule (60 

FR 40105) which modifies the financial 

assurance criteria; September 25, 1996, 

rule (61 FR 50413) which relates to 

groundwater exemptions of small, arid, 

remote landfills; November 27, 1996, 

rule (61 FR 60328, at 60337) which adds 

financial mechanisms for local 

governments; and April 10, 1998, rule 

(63 FR 17706, at 17729) which adds a 

financial test and corporate guarantee to 

financial assurance mechanisms) as 

defined under Nebraska Title 132—

Integrated Solid Waste effective March 

7, 2006, are adequate to ensure 

compliance with the Federal criteria as 

defined at 40 CFR 258.1, 258.4, 258.70, 

258.74, and 258.75. 

D. Statutory and Executive Order 

Reviews 

This action approves State solid waste 

requirements pursuant to Resource 

Conservation and Recovery Act (RCRA) 

Section 4005 and imposes no Federal 

requirements. Therefore, this rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866: Regulatory 

Planning Review—The Office of 

Management and Budget has exempted 

this action from its review under 

Executive Order (EO) 12866; 

2. Paperwork Reduction Act—This 

action does not impose an information 

collection burden under the Paperwork 

Reduction Act; 

3. Regulatory Flexibility Act—After 

considering the economic impacts of 

today’s action on small entities under 

the Regulatory Flexibility Act, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities; 

4. Unfunded Mandates Reform Act—

Because this action approves preexisting requirements under State law 

and does not impose any additional 

enforceable duty beyond that required 

by State law, this action does not 

contain any unfunded mandate, or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Act; 

5. Executive Order 13132: 

Federalism—EO 13132 does not apply 

to this action because this action will 

not have federalism implications (i.e., 

there are no substantial direct effects on 

States, on the relationship between the 

national government and States, or on 

the distribution of power and 

responsibilities between Federal and 

State governments); 

6. Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments—EO 13175 

does not apply to this action because it 

will not have tribal implications (i.e., 

there are no substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes); 

7. Executive Order 13045: Protection 

of Children from Environmental Health 

and Safety Risks—This action is not 

subject to EO 13045 because it is not 

economically significant and is not 

based on health or safety risks; 

8. Executive Order 13211: Actions 

that Significantly Affect Energy Supply, 

Distribution, or Use—This action is not 

subject to EO 13211 because it is not a 

significant regulatory action as defined 

in EO 12866; 

9. National Technology Transfer 

Advancement Act—EPA approves State 

programs so long as the State programs 

meet the criteria delineated in RCRA. It 

would be inconsistent with applicable 

law for EPA, in its review of a State 

program, to require the use of any 

particular voluntary consensus standard 

in place of another standard that meets 

RCRA requirements. Thus, section 12(d) 

of the National Technology Transfer and 

Advancement Act does not apply to this 

action; 

10. Congressional Review Act—EPA 

will submit a report containing this 

action and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) 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. 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 258 

Reporting and recordkeeping 

requirements, Waste treatment disposal, 

Water pollution control. 

Authority: This action is issued under the 

authority of section 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912, 6945 and 6949(a). 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5753 

Dated: January 18, 2008. 

John B. Askew, 

Regional Administrator, Region 7. 

[FR Doc. E8–1786 Filed 1–30–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–2007–1171; FRL–8521–8] 

Massachusetts: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Commonwealth of 

Massachusetts has applied to EPA for 

final authorization of certain changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization 

and is authorizing the State’s changes 

through this immediate final action. 

DATES: This final authorization will 

become effective on March 31, 2008 

unless EPA receives adverse written 

comment by March 3, 2008. If EPA 

receives 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 immediate effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01–

RCRA–2007–1171, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• E-mail: biscaia.robin@epa.gov. 

• Fax: (617) 918–0642, to the 

attention of Robin Biscaia. 

• Mail: Robin Biscaia, Hazardous 

Waste Unit, EPA New England—Region 

1, One Congress Street, Suite 1100 

(CHW), Boston, MA 02114–2023. 

• Hand Delivery or Courier: Deliver 

your comments to: Robin Biscaia, 

Hazardous Waste Unit, Office of 

Ecosystem Protection, EPA New 

England—Region 1, One Congress 

Street, 11th Floor, (CHW), Boston, MA 

02114–2023. Such deliveries are only 

accepted during the Office’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Identify your comments 

as relating to Docket ID No. EPA–R01–

RCRA–2007–1171. EPA’s policy is that 

all comments received will be included 

in the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or claimed to be other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or e-mail. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means 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 comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket 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, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–R01–RCRA–2007–1171. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although it may be listed in the index, 

some information might not be publicly 

available, e.g., CBI 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 either electronically through 

www.regulations.gov or in hard copy at 

the following two locations: (i) 

Massachusetts Department of 

Environmental Protection, Business 

Compliance Division, One Winter 

Street—8th Floor, Boston, MA 02108, 

business hours Monday through Friday 

9 a.m. to 5 p.m., tel: (617) 556–1096; 

and (ii) EPA Region I Library, One 

Congress Street—11th Floor, Boston, 

MA 02114–2023, by appointment only, 

(617) 918–1990. 

FOR FURTHER INFORMATION CONTACT: 

Robin Biscaia, Hazardous Waste Unit, 

EPA New England—Region 1, One 

Congress Street, Suite 1100 (CHW), 

Boston, MA 02114–2023; telephone 

number: (617) 918–1642; fax number: 

(617) 918–0642, e-mail address: 

biscaia.robin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which 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. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273 and 279. 

B. What Decisions Have We Made in 

This Rule? 

We have concluded that 

Massachusetts’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

grant Massachusetts final authorization 

to operate its hazardous waste program 

with the changes described in the 

authorization application. The 

Massachusetts Department of 

Environmental Protection (MassDEP) 

has responsibility for permitting 

Treatment, Storage, and Disposal 

Facilities (TSDFs) within its borders and 

for carrying out the aspects of the RCRA 

program covered by its revised program 

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 any such requirements and 

prohibitions in Massachusetts, 

including issuing permits, until the 

State is granted authorization to do so. 

C. What Is the Effect of This 

Authorization Decision? 

The effect of this decision is that a 

facility in Massachusetts subject to 

RCRA will now have to comply with the 

authorized State requirements instead of 


pwalker on PROD1PC71 with RULES