30228 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

Regulatory Flexibility Act 

The initial and final regulatory 

flexibility analyses requirements of 

sections 603 and 604 of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, are 

not applicable to this rule, because a 

notice of proposed rulemaking is not 

required for this rule. Even so, the 

Secretary of Veterans Affairs hereby 

certifies that this regulatory amendment 

will not have a significant economic 

impact on a substantial number of small 

entities as they are defined in the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612. Individuals eligible for FMP 

benefits are widely dispersed 

geographically and any effect on a small 

entity from the provisions of this rule 

will be miniscule. Therefore, this final 

rule is also exempt pursuant to 5 U.S.C. 

605(b) from the initial and final 

regulatory flexibility analyses 

requirements of section 603 and 604. 

Paperwork Reduction Act of 1995 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This rule will have no such effect 

on State, local, and tribal governments, 

or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB) 

unless OMB waives such review, if it is 

a regulatory action that is likely to result 

in a rule that may: (1) 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; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

Catalog of Federal Domestic Assistance 

The program that this rule affects has 

the following Catalog of Federal 

Domestic Assistance number and title: 

64.009, Veterans Medical Care Benefits. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs-health, Grant 

programs-veterans, Health care, Health 

facilities, Health professions, Health 

records, Homeless, Medical and dental 

schools, Medical devices, Medical 

research, Mental health programs, 

Nursing homes, Philippines, Reporting 

and recordkeeping requirements, 

Scholarships and fellowships, Travel 

and transportation expenses, Veterans. 

Approved: June 10, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

■ For the reasons stated in the preamble, 

VA amends 38 CFR part 17 as follows: 

PART 17—MEDICAL 

■ 1. Revise the authority citation for part 

17 to read as follows: 

Authority: 38 U.S.C. 501, 1721, and as 

noted in specific sections. 

§ 17.35 [Amended] 

■ 2. Amend § 17.35(b) by removing ‘‘38 

CFR 17.48(j)(2)’’ and adding in its place 

‘‘§ 17.47(i)(2)’’. 

§ 17.125 [Amended] 

■ 3. Amend § 17.125 by: 

■ a. In paragraph (a), removing ‘‘, and’’ 

at the end of the paragraph and adding 

in its place ‘‘.’’. 

■ b. In paragraph (b), removing ‘‘, and’’ 

at the end of the paragraph and adding 

in its place ‘‘.’’. 

■ c. Removing paragraph (c) and 

redesignating paragraphs (d) and (e) as 

paragraphs (c) and (d), respectively. 

■ d. In newly-redesignated paragraph 

(c), removing ‘‘P.O. Box 65023, Denver, 

CO 80206–3023’’ and adding in its place 

‘‘P.O. Box 469063, Denver, CO 80246– 

9063’’. 

§ 17.141 [Amended] 

■ 4. Amend § 17.141 by removing 

‘‘Canada which will be referred to the 

VA Medical Center in White River 

Junction, VT, and’’. 

[FR Doc. E9–14966 Filed 6–24–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 1, 40, 63, 260, 261, 262, 

266, 271, 750 and 761 

[FRL 8911–7] 

Reorganization and Name Change for 

the Office of Solid Waste (OSW) Within 

the Office of Solid Waste and 

Emergency Response 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On January 18, 2009, the 

Office of Solid Waste (OSW) was 

reorganized and changed its name to the 

Office of Resource Conservation and 

Recovery (ORCR). The name change 

reflects the breadth of the 

responsibilities/authorities that 

Congress provided to EPA under the 

Resource Conservation and Recovery 

Act (RCRA), the primary authorizing 

statute. ORCR has three divisions, 

which consolidate the operations of the 

six divisions under the OSW structure. 

This reorganization will create a more 

efficient structure, consistent with 

current program priorities and resource 

levels, and will enable EPA to better 

serve the needs of the public and its key 

stakeholders over the next 5–10 years. 

EPA has increased focus on resource 

conservation and materials 

management; it is expected that focus 

on this important aspect of the RCRA 

program will continue, while 

maintaining a strong waste management 

regulatory and implementation program. 

EPA is taking final action to amend the 

Code of Federal Regulations (CFR) to 

reflect the reorganization and name 

change of the Office of Solid Waste. 

DATES: This rule is effective on June 25, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Bruneske, Office of Resource 

Conservation and Recovery (ORCR), 

U.S. Environmental Protection Agency, 

Ariel Rios Building, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460– 

0002; telephone (703) 308–0096; fax 


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number (703) 308–7904; e-mail address 

Bruneske.kathy@epa.gov. For more 

information regarding this rule, please 

visit http://www.epa.gov/epawaste/ 

basicinfo.htm. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

This action is directed to the public 

in general, and has particular 

applicability to anyone who wants to 

communicate with the new Office of 

Resource Conservation and Recovery, or 

to submit information to the Office. 

Because this action may apply to 

everyone, the Agency has not attempted 

to describe all the specific entities that 

may be affected by this action. If you 

have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Additional 

Information, Including Copies of This 

Document or Other Related Documents? 

To obtain electronic copies of this 

document, and certain other related 

documents that are available 

electronically, please visit http:// 

www.epa.gov/epawaste/basicinfo.htm. 

II. Background 

A. What Action Is the Agency Taking? 

In recent years, EPA has been 

increasing its focus on resource 

conservation and materials 

management. It is expected that this will 

continue; thus, the new organization 

increases emphasis on this important 

aspect of the RCRA program, while 

maintaining a strong waste management 

regulatory and implementation program. 

The reorganization consolidates 

operations from six to three divisions 

and adds a program management staff to 

the Immediate Office. The 

reorganization creates a more efficient 

structure, consistent with current Office 

priorities. 

The reorganization consolidates 

complementary functions in order to 

achieve efficiencies in operations. The 

reorganization: 

—Consolidates the four major areas of 

the Resource Conservation Challenge 

(RCC) under one division; 

—Combines data collection and data 

analysis activities thus streamlining 

operations to better coordinate efforts 

to analyze and present the benefits of 

the RCRA program; and 

—Consolidates waste-to-energy 

activities in one division and branch. 

The three divisions in the new 

organization are: The Materials 

Recovery and Waste Management 

Division; the Resource Conservation and 

Sustainability Division; and, the 

Program Implementation and 

Information Division. 

In addition to announcing the 

reorganization, EPA is amending the 

Code of Federal Regulations to reflect 

the new name of the Office of Solid 

Waste. 

B. What Is the Agency’s Authority for 

Taking This Action? 

EPA is issuing this document under 

its general rulemaking authority, 

Reorganization Plan No. 3 of 1970 (5 

U.S.C. app.). 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(A), provides that ‘‘rules of 

agency organization, procedure, or 

practice’’ are exempt from notice and 

comment requirements. Accordingly, 

EPA is not taking comment on this 

action. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this action is not subject to 

notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

to the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) or Sections 202 and 

205 of the Unfunded Mandates Reform 

Act of 1999 (UMRA) (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments. This action does not 

create new binding legal requirements 

that substantially and directly affect 

Tribes under Executive Order 13175 (63 

FR 67249, November 9, 2000). This 

action does not have significant 

Federalism implications under 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). The Congressional 

Review Act, 5 U.S.C. 801 et seq., 

generally provides that before certain 

actions may take effect, the agency 

promulgating the action must submit a 

report, which includes a copy of the 

action, to each House of the Congress 

and to the Comptroller General of the 

United States. Because this final action 

does not contain legally binding 

requirements, it is not subject to the 

Congressional Review Act. 

List of Subjects 

40 CFR Part 1 

Organization and functions. 

40 CFR Part 40 

Grants administration. 

40 CFR Part 63 

Environmental protection. 

40 CFR Parts 260, 261, and 262 

Environmental protection, Hazardous 

waste. 

40 CFR Part 266 

Environmental protection, Hazardous 

waste, Waste treatment and disposal. 

40 CFR Part 271 

Environmental protection, Hazardous 

waste. 

40 CFR Part 750 

Administrative practice and 

procedure. 

40 CFR Part 761 

Environmental protection, Hazardous 

waste. 

Dated: May 26, 2009. 

Barry N. Breen, 

Acting Assistant Administrator, Office of 

Solid Waste and Emergency Response. 

■ For the reasons set out in the 

preamble, title 40 Chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 1—STATEMENT OF 

ORGANIZATION AND GENERAL 

INFORMATION 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 552 

■ 2. Section 1.47 is amended by revising 

the paragraph heading and the first 

sentence in paragraph (b) to read as 

follows: 

§ 1.47 Office of Solid Waste and 

Emergency Response. 

* * * * * 

(b) Office of Resource Conservation 

and Recovery. The Office of Resource 

Conservation and Recovery, under the 

supervision of a Director, is responsible 


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for the solid and hazardous waste 

activities of the Agency. * * * 

* * * * * 

PART 40—RESEARCH AND 

DEMONSTRATION GRANTS 

■ 3. The authority citation for part 40 

continues to read as follows: 

Authority: 7 U.S.C. 136 et seq.; 15 U.S.C. 

2609 et seq.; 33 U.S.C. 1254 et seq. and 1443; 

42 U.S.C. 241 et seq., 300f et seq., 1857 et 

seq., 1891 et seq., and 6901 et seq. 

■ 4. Section 40.135–1 is amended by 

revising paragraph (b) to read as follows: 

§ 40.135–1 Preapplication coordination. 

* * * * * 

(b) Applications for grants for 

demonstration projects funded by the 

Office of Resource Conservation and 

Recovery will be solicited through the 

Department of Commerce Business 

Daily, and selections will be made on a 

competitive basis. 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 5. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 6. Appendix D to part 63 is amended 

by revising Section 1. to read as follows: 

Appendix D to Part 63—Alternative 

Validation Procedure for EPA Waste 

and Wastewater Methods 

1. Applicability 

This procedure is to be applied exclusively 

to Environmental Protection Agency methods 

developed by the Office of Water and the 

Office of Resource Conservation and 

Recovery. Alternative methods developed by 

any other group or agency shall be validated 

according to the procedures in Sections 5.1 

and 5.3 of Test Method 301, 40 CFR Part 63, 

Appendix A. For the purposes of this 

appendix, ‘‘waste’’ means waste and 

wastewater. 

* * * * * 

PART 260—HAZARDOUS WASTE 

MANAGEMENT SYSTEM: GENERAL 

■ 7. The authority citation for part 260 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921– 

6927, 6930, 6934, 6935, 6937, 6938, 6939, 

and 6974. 

■ 8. Section 260.21 is amended by 

revising paragraph (d) to read as 

follows: 

§ 260.21 Petitions for equivalent testing or 

analytical methods. 

* * * * * 

(d) If the Administrator amends the 

regulations to permit use of a new 

testing method, the method will be 

incorporated by reference in § 260.11 

and added to ‘‘Test Methods for 

Evaluating Solid Waste, Physical/ 

Chemical Methods,’’ EPA Publication 

SW–846, U.S. Environmental Protection 

Agency, Office of Resource 

Conservation and Recovery, 

Washington, DC 20460. 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 9. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y) and 6938. 

■ 10. Appendix IX to part 261 is 

amended by revising entry (5) under 

Waste Description for Aptus, Inc. in 

Table 1 to read as follows: 

Appendix IX to Part 261—Wastes 

Excluded Under Sections 260.20 and 

260.22 

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description 

* * * * * * * 

Aptus, Inc ............................. * * * ................................... (5) The test data from Conditions (1), (2), (3), and (4) must be kept on file by Aptus 

for inspection purposes and must be compiled, summarized, and submitted to 

the Director for the Materials Recovery and Waste Management Division, Office 

of Resource Conservation and Recovery, by certified mail on a monthly basis 

and when the treatment of the cancelled pesticides and related materials is concluded. The testing requirements for Conditions (2), (3), and (4) will continue until 

Aptus provides the Director with the results of four consecutive batch analyses 

for the petitioned wastes, none of which exceed the maximum allowable levels 

listed in these conditions and the Director notifies Aptus that the conditions have 

been lifted. All data submitted will be placed in the RCRA public docket. 

* * * * * * * 

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 11. The authority citation for part 262 

continues to read as follows: 

Authority: 42 U.S.C. 6906, 6912, 6922– 

6925, 6937, and 6938. 

■ 12. Section 262.21 is amended by 

revising paragraphs (a)(1), (b) 

introductory text, (b)(8), (h)(1), and 

(h)(2) to read as follows: 

§ 262.21 Manifest tracking numbers, 

manifest printing, and obtaining manifest. 

(a)(1) A registrant may not print, or 

have printed, the manifest for use of 

distribution unless it has received 

approval from the EPA Director of the 

Office of Resource Conservation and 

Recovery to do so under paragraphs (c) 

and (e) of this section. 

* * * * * 

(b) A registrant must submit an initial 

application to the EPA Director of the 

Office of Resource Conservation and 

Recovery that contains the following 

information: 

* * * * * 

(8) A signed certification by a duly 

authorized employee of the registrant 

that the organizations and companies in 

its application will comply with the 

procedures of its approved application 

and the requirements of this section and 

that it will notify the EPA Director of 

the Office of Resource Conservation and 

Recovery of any duplicated manifest 

tracking numbers on manifests that have 

been used or distributed to other parties 

as soon as this becomes known. 

* * * * * 

(h)(1) If an approved registrant would 

like to update any of the information 

provided in its application approved 


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under paragraph (c) of this section (e.g., 

to update a company phone number or 

name of contact person), the registrant 

must revise the application and submit 

it to the EPA Director of the Office of 

Resource Conservation and Recovery, 

along with an indication or explanation 

of the update, as soon as practicable 

after the change occurs. The Agency 

either will approve or deny the revision. 

If the Agency denies the revision, it will 

explain the reasons for the denial, and 

it will contact the registrant and request 

further modification before approval. 

(2) If the registrant would like a new 

tracking number suffix, the registrant 

must submit a proposed suffix to the 

EPA Director of the Office of Resource 

Conservation and Recovery, along with 

the reason for requesting it. The Agency 

will either approve the suffix or deny 

the suffix and provide an explanation 

why it is not acceptable. 

* * * * * 

PART 266—STANDARDS FOR THE 

MANAGEMENT OF SPECIFIC 

HAZARDOUS WASTES AND SPECIFIC 

TYPES OF HAZARDOUS WASTE 

MANAGEMENT FACILITIES 

■ 13. The authority citation for part 266 

continues to read as follows: 

Authority: 42 U.S.C. 1006, 2002(a), 3001– 

3009, 3014, 6905, 6906, 6912, 6921, 6922, 

6924–6927, 6934, and 6937. 

■ 14. Appendix IX to Part 266 is 

amended by revising Section 7.3 to read 

as follows: 

Appendix IX to Part 266—Methods 

Manual for Compliance With the BIF 

Regulations 

* * * * * 

7.3 Normal Distribution Assumption 

As noted in Section 7.2 above, this 

statistical approach (use of the upper 

tolerance limit) for calculation of the 

concentration in normal residue is based on 

the assumption that the concentration data 

are distributed normally. The Agency is 

aware that concentration data of this type 

may not always be distributed normally, 

particularly when concentrations are near the 

detection limits. There are a number of 

procedures that can be used to test the 

distribution of a data set. For example, the 

Shapiro-Wilk test, examination of a 

histogram or plot of the data on normal 

probability paper, and examination of the 

coefficient of skewness are methods that may 

be applicable, depending on the nature of the 

data (References 1 and 2). 

If the concentration data are not adequately 

represented by a normal distribution, the 

data may be transformed to attain a near 

normal distribution. The Agency has found 

that concentration data, especially when near 

detection levels, often exhibit a lognormal 

distribution. The assumption of a lognormal 

distribution has been used in various 

programs at EPA, such as in the Office of 

Resource Conservation and Recovery Land 

Disposal Restrictions program for 

determination of BDAT treatment standards. 

The transformed data may be tested for 

normality using the procedures identified 

above. If the transformed data are better 

represented by a normal distribution than the 

untransformed data, the transformed data 

should be used in determining the upper 

tolerance limit using the procedures in 

Section 7.2 above. 

In all cases where the owner or operator 

wishes to use other than an assumption of 

normally distributed data or believes that use 

of an alternate statistical approach is 

appropriate to the specific data set, he/she 

must provide supporting rationale in the 

operating record that demonstrates that the 

data treatment is based upon sound statistical 

practice. 

* * * * * 

PART 271—REQUIREMENTS FOR 

AUTHORIZATION OF STATE 

HAZARDOUS WASTE PROGRAMS 

■ 15. The authority citation for part 271 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), and 

6926. 

■ 16. Section 271.1 is amended by 

revising the entry for ‘‘Office of Solid 

Waste Burden Reduction Project’’ in 

Table 1 to read as follows: 

§ 271.1 Purpose and scope. 

* * * * * 

TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 

Promulgation date Title of regulation Federal Register reference Effective date 

* * * * * * * 

May 4, 2006 ............................ Office of Resource Conservation and 

Recovery Burden Reduction Project.

71 FR 16862–16915 ............................ May 4, 2006. 

* * * * * * * 

■ 17. Section 271.21 is amended by 

revising the entry for ‘‘Office of Solid 

Waste Testing and Monitoring 

Activities, Methods Innovation Rule’’ in 

Table 1 to read as follows: 

§ 271.21 Procedures for revision of State 

programs. 

* * * * * 

TABLE 1 TO § 271.21 

Title of regulation Promulgation date Federal Register reference 

* * * * * * * 

Office of Resource Conservation and Recovery 

Testing and Monitoring Activities, Methods Innovation Rule.

July 14, 2005 ...................................... 70 FR 34538, June 14, 2005. 

* * * * * * * 


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PART 750—PROCEDURES FOR 

RULEMAKING UNDER SECTION 6 OF 

THE TOXIC SUBSTANCES CONTROL 

ACT 

■ 18. The authority citation for part 750 

continues to read as follows: 

Authority: 15 U.S.C. 2605. 

■ 19. Section 750.11 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 750.11 Filing of petitions for exemption. 

* * * * * 

(b) * * * 

(2) PCB disposal, which includes 

cleanup, storage for disposal, processing 

related to disposal, distribution in 

commerce related to disposal or 

processing for disposal, and 

decontamination, must be submitted to: 

Document Control Officer, Office of 

Resource Conservation and Recovery 

(5305P), Environmental Protection 

Agency, 1200 Pennsylvania, NW., 

Washington, DC 20460–0001. 

* * * * * 

■ 20. Section 750.31 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 750.31 Filing of petitions for exemption. 

* * * * * 

(b) * * * 

(2) PCB disposal, which includes 

cleanup, storage for disposal, processing 

related to disposal, distribution in 

commerce related to disposal or 

processing for disposal, and 

decontamination, must be submitted to: 

Document Control Officer, Office of 

Resource Conservation and Recovery 

(5305P), Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460–0001. 

* * * * * 

PART 761—POLYCHLORINATED 

BIPHENYLS (PCBs) 

MANUFACTURING, PROCESSING, 

DISTRIBUTION IN COMMERCE, AND 

USE PROHIBITIONS 

■ 21. The authority citation for part 761 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2611, 

2614, and 2616. 

■ 22. Section 761.60 is amended by 

revising paragraph (e) to read as follows: 

§ 761.60 Disposal requirements. 

* * * * * 

(e) Any person who is required to 

incinerate any PCBs and PCB items 

under this subpart and who can 

demonstrate that an alternative method 

of destroying PCBs and PCB items exists 

and that this alternative method can 

achieve a level of performance 

equivalent to an incinerator approved 

under § 761.70 or a high efficiency 

boiler operating in compliance with 

§ 761.71, must submit a written request 

to the Regional Administrator or the 

Director, Office of Resource 

Conservation and Recovery, for a waiver 

from the incineration requirements of 

§ 761.70 or § 761.71. Requests for 

approval of alternate methods that will 

be operated in more than one Region 

must be submitted to the Director, 

Office of Resource Conservation and 

Recovery, except for research and 

development activities involving less 

than 500 pounds of PCB material (see 

paragraph (i)(2) of this section). 

Requests for approval of alternate 

methods that will be operated in only 

one Region must be submitted to the 

appropriate EPA Regional 

Administrator. The applicant must 

show that his or her method of 

destroying PCBs will not present an 

unreasonable risk of injury to health or 

the environment. On the basis of such 

information and any available 

information, EPA may, in its discretion, 

approve the use of the alternate method 

if it finds that the alternate disposal 

method provides PCB destruction 

equivalent to disposal in a § 761.60 

incinerator or a § 761.61 high efficiency 

boiler and will not present an 

unreasonable risk of injury to health or 

the environment. Any approval must be 

stated in writing and may include such 

conditions and provisions as EPA 

deems appropriate. The person to whom 

such waiver is issued must comply with 

all limitations contained in such 

determination. No person may use the 

alternate method of destroying PCBs or 

PCB items prior to obtaining permission 

from the appropriate EPA official. 

* * * * * 

■ 23. Section 761.61 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 761.61 PCB remediation waste. 

* * * * * 

(c) * * * (1) Any person wishing to 

sample, cleanup, or dispose of PCB 

remediation waste in a manner other 

than prescribed in paragraphs (a) or (b) 

of this section, or store PCB remediation 

waste in a manner other than prescribed 

in § 761.65, must apply in writing to the 

Regional Administrator in the Region 

where the sampling, cleanup, disposal, 

or storage site is located, for sampling, 

cleanup, disposal, or storage occurring 

in a single EPA Region; or to the 

Director, Office of Resource 

Conservation and Recovery, for 

sampling, cleanup, disposal, or storage 

occurring in more than one EPA Region. 

Each application must include 

information described in the 

notification required by paragraph (a)(3) 

of this section. EPA may request other 

information that it believes necessary to 

evaluate the application. No person may 

conduct cleanup activities under this 

paragraph prior to obtaining written 

approval by EPA. 

* * * * * 

■ 24. Section 761.62 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 761.62 Disposal of PCB bulk product 

waste. 

* * * * * 

(c) * * * (1) Any person wishing to 

sample or dispose of PCB bulk product 

waste in a manner other than prescribed 

in paragraphs (a) or (b) of this section, 

or store PCB bulk product waste in a 

manner other than prescribed in 

§ 761.65, must apply in writing to the 

Regional Administrator in the Region 

where the sampling, disposal, or storage 

site is located, for sampling, disposal, or 

storage occurring in a single EPA 

Region; or to the Director, Office of 

Resource Conservation and Recovery, 

for sampling, disposal, or storage 

occurring in more than one EPA Region. 

Each application must contain 

information indicating that, based on 

technical, environmental, or wastespecific characteristics or 

considerations, the proposed sampling, 

disposal, or storage methods or 

locations will not pose an unreasonable 

risk or injury to health or the 

environment. EPA may request other 

information that it believes necessary to 

evaluate the application. No person may 

conduct sampling, disposal, or storage 

activities under this paragraph prior to 

obtaining written approval by EPA. 

* * * * * 

■ 25. Section 761.65 is amended as 

follows: 

■ a. By revising paragraph (d)(8). 

■ b. By revising paragraph (e)(4) 

introductory text. 

■ c. By revising paragraph (e)(6)(i). 

■ d. By revising paragraph (e)(8), 

■ e. By revising paragraph (g)(1)(ii). 

§ 761.65 Storage for disposal. 

* * * * * 

(d) * * * 

(8) The approval of any existing 

TSCA-approved disposal facility 

ancillary to a commercial storage facility 

that is deficient in any of the conditions 

of paragraph (d)(7)(i) through (d)(7)(v) of 

this section shall be called in by the 

Regional Administrator (or the 

appropriated official at EPA 

Headquarters, if approval was granted 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30233 

by an official at EPA Headquarters). The 

approval shall be modified to meet the 

requirements of paragraph (d)(7) of this 

section within 180 days of the effective 

date of this final rule, or a separate 

application for approval of the storage 

facility may be submitted to the 

Regional Administrator or the Director, 

Office of Resource Conservation and 

Recovery, in the cases where an official 

at EPA Headquarters issued the 

approval. 

* * * * * 

(e) * * * 

(4) The commercial storer of PCB 

waste shall submit a written request to 

the Regional Administrator (or the 

Director, Office of Resource 

Conservation and Recovery, if an official 

at EPA Headquarters approved the 

closure plan) for a modification to its 

storage approval to amend its closure 

plan, whenever: 

* * * * * 

(6) * * * 

(i) The commercial storer shall notify 

in writing the Regional Administrator or 

the Director, Office of Resource 

Conservation and Recovery, if an official 

at EPA Headquarters approved the 

closure plan, at least 60 days prior to the 

date on which final closure of its PCB 

storage facility is expected to begin. 

* * * * * 

(8) Within 60 days of completion of 

closure of each facility for the storage of 

PCB waste, the commercial storer of 

PCB waste shall submit to the Regional 

Administrator (or the Director, Office of 

Resource Conservation and Recovery, if 

an official at EPA Headquarters 

approved the closure plan), by 

registered mail, a certification that the 

PCB storage facility has been closed in 

accordance with the approved closure 

plan. The certification shall be signed 

by the owner or operator and by an 

independent registered professional 

engineer. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) For a new facility, the first 

payment into the closure trust fund 

shall be made before EPA grants final 

approval of the application and before 

the facility may accept the initial 

shipment of PCB waste for commercial 

storage. A receipt from the trustee shall 

be submitted by the owner or operator 

to the Regional Administrator (or the 

Director, Office of Resource 

Conservation and Recovery, if the 

commercial storage area is ancillary to 

a disposal facility approved by an 

official at EPA Headquarters) before this 

initial delivery of PCB waste. The first 

payment shall be at least equal to the 

current closure cost estimate, divided by 

the number of years in the pay-in 

period, except as provided in paragraph 

(g)(7) of this section for multiple 

mechanisms. Subsequent payments 

shall be made no later than 30 days after 

each anniversary date of the first 

payment. The amount of each 

subsequent payment shall be 

determined by subtracting the current 

value of the trust fund from the current 

closure cost estimate, and dividing this 

difference by the number of years 

remaining in the pay-in period. 

* * * * * 

■ 26. Section 761.70 is amended as 

follows: 

■ a. By revising paragraph (a) 

introductory text. 

■ b. By revising paragraph (b) 

introductory text. 

■ c. By revising paragraph (d)(1) 

introductory text. 

■ d. By revising paragraph (d)(2)(ii) 

introductory text. 

■ e. By revising paragraph (d)(5). 

§ 761.70 Incineration. 

* * * * * 

(a) Liquid PCBs. An incinerator used 

for incinerating PCBs shall be approved 

by EPA pursuant to paragraph (d) of this 

section. Requests for approval of 

incinerators to be used in more than one 

region must be submitted to the 

Director, Office of Resource 

Conservation and Recovery, except for 

research and development involving 

less than 500 pounds of PCB material 

(see § 761.60(i)(2)). Requests for 

approval of incinerators to be used in 

only one region must be submitted to 

the appropriate Regional Administrator. 

The incinerator shall meet all of the 

requirements specified in paragraphs 

(a)(1) through (9) of this section, unless 

a waiver from these requirements is 

obtained pursuant to paragraph (d)(5) of 

this section, In addition, the incinerator 

shall meet any other requirements 

which may be prescribed pursuant to 

paragraph (d)(4) of this section. 

* * * * * 

(b) Nonliquid PCBs. An incinerator 

used for incinerating nonliquid PCBs, 

PCB Articles, PCB Equipment, or PCB 

Containers shall be approved by EPA 

pursuant to paragraph (d) of this 

section. Requests for approval of 

incinerators to be used in more than one 

region must be submitted to the 

Director, Office of Resource 

Conservation and Recovery except for 

research and development involving 

less that 500 pounds of PCB material 

(see § 761.60(i)(2)). Requests for 

approval of incinerators to be used in 

only one region must be submitted to 

the appropriate Regional Administrator. 

The incinerator shall meet all of the 

requirements specified in paragraphs 

(b)(1) and (2) of this section unless a 

waiver from these requirements is 

obtained pursuant to paragraph (d)(5) of 

this section. In addition, the incinerator 

shall meet any other requirements that 

may be prescribed pursuant to 

paragraph (d)(4) of this section. 

* * * * * 

(d) * * * 

(1) Application. The owner or 

operator shall submit to the Regional 

Administrator or the Director, Office of 

Resource Conservation and Recovery an 

application which contains: 

* * * * * 

(2) * * * 

(ii) If EPA determines that a trail burn 

must be held, the person who submitted 

the report described in paragraph (d)(1) 

of this section shall submit to the 

Regional Administrator or the Director, 

Office of Resource Conservation and 

Recovery a detailed plan for conducting 

and monitoring the trail burn. At a 

minimum, the plan must include: 

* * * * * 

(5) Waivers. An owner or operator of 

the incinerator may submit evidence to 

the Regional Administrator or the 

Director, Office of Resource 

Conservation and Recovery that 

operation of the incinerator will not 

present an unreasonable risk of injury to 

health or the environment from PCBs, 

when one or more of the requirements 

of paragraphs (a) and/or (b) of this 

section are not met. On the basis of such 

evidence and any other available 

information, EPA may, in its discretion, 

find that any requirement of paragraphs 

(a) and (b) of this section is not 

necessary to protect against such a risk, 

and may waive the requirements in any 

approval for that incinerator. Any 

finding and waiver under this paragraph 

must be stated in writing and included 

as part of the approval. 

* * * * * 

■ 27. Section 761.79 is amended by 

revising paragraphs (h)(1), (h)(2), and 

(h)(3) to read as follows: 

§ 761.79 Decontamination standards and 

procedures. 

* * * * * 

(h) * * * 

(1) Any person wishing to 

decontaminate material described in 

paragraph (a) of this section in a manner 

other than prescribed in paragraph (b) of 

this section must apply in writing to the 

Regional Administrator in the Region 

where the activity would take place, for 

decontamination activity occurring in a 

single EPA Region; or to the Director, 


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30234 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

Office of Resource Conservation and 

Recovery, for decontamination activity 

occurring in more than one EPA Region. 

Each application must describe the 

material to be decontaminated and the 

proposed decontamination method, and 

must demonstrate that the proposed 

method is capable of decontaminating 

the material to the applicable level set 

out in paragraphs (b)(1) through (b)(4) of 

this section. 

(2) Any person wishing to 

decontaminate material described in 

paragraph (a) of this section using a selfimplementing procedure other than 

prescribed in paragraph (c) of this 

section must apply in writing to the 

Regional Administrator in the Region 

where the activity would take place, for 

decontamination activity occurring in a 

single EPA Region; or to the Director, 

Office of Resource Conservation and 

Recovery, for decontamination activity 

occurring in more than one EPA Region. 

Each application must describe the 

material to be decontaminated and the 

proposed self-implementing 

decontamination method and must 

include a proposed validation study to 

confirm performance of the method. 

(3) Any person wishing to sample 

decontaminated material in a manner 

other than prescribed in paragraph (f) of 

this section must apply in writing to the 

Regional Administrator in the Region 

where the activity would take place, for 

decontamination activity occurring in a 

single EPA Region; or to the Director, 

Office of Resource Conservation and 

Recovery, for decontamination activity 

occurring in more than one EPA Region. 

Each application must contain a 

description of the material to be 

decontaminated, the nature and PCB 

concentration of the contaminating 

material (if known), the 

decontamination method, the proposed 

sampling procedure, and a justification 

for how the proposed sampling is 

equivalent to or more comprehensive 

than the sampling procedure required 

under paragraph (f) of this section. 

* * * * * 

■ 28. Section 761.120 is amended as 

follows: 

■ a. By revising paragraph (a)(3). 

■ b. By revising paragraph (b) 

introductory text. 

■ c. By revising paragraph (b)(2). 

■ d. By revising paragraph (c). 

§ 761.120 Scope. 

(a) * * * 

(3) For all other spills, EPA generally 

expects the decontamination standards 

of this policy to apply. Occasionally, 

some small percentage of spills covered 

by this policy may warrant more 

stringent cleanup requirements because 

of additional routes of exposure or 

significantly greater exposures than 

those assumed in developing the final 

cleanup standards of this policy. While 

the EPA regional offices have the 

authority to require additional cleanup 

in these circumstances, the Regional 

Administrator must first make a finding 

based on the specific facts of a spill that 

additional cleanup must occur to 

prevent unreasonable risk. In addition, 

before a final decision is made to 

require additional cleanup, the Regional 

Administrator must notify the Director, 

Office of Resource Conservation and 

Recovery of his/her finding and the 

basis for the finding. 

* * * * * 

(b) Spills that may require more 

stringent cleanup levels. For spills 

within the scope of this policy, EPA 

generally retains, under § 761.135, the 

authority to require additional cleanup 

upon finding that, despite good faith 

efforts by the responsible party, the 

numerical decontamination levels in the 

policy have not been met. In addition, 

EPA foresees the possibility of 

exceptional spill situations in which 

site-specific risk factors may warrant 

additional cleanup to more stringent 

numerical decontamination levels than 

are required by the policy. In these 

situations, the Regional Administrator 

has the authority to require cleanup to 

levels lower than those included in this 

policy upon finding that further cleanup 

must occur to prevent unreasonable 

risk. The Regional Administrator will 

consult with the Director, Office of 

Resource Conservation and Recovery, 

prior to making such a finding. 

* * * * * 

(2) In those situations, the Regional 

Administrator may require cleanup in 

addition to that required under 

§ 761.125(b) and (c). However, the 

Regional Administrator must first make 

a finding, based on the specific facts of 

a spill, that additional cleanup is 

necessary to prevent unreasonable risk. 

In addition, before making a final 

decision on additional cleanup, the 

Regional Administrator must notify the 

Director, Office of Resource 

Conservation and Recovery of his 

finding and the basis for the finding. 

(c) Flexibility to allow less stringent or 

alternative requirements. EPA retains 

the flexibility to allow less stringent or 

alternative decontamination measures 

based upon site-specific considerations. 

EPA will exercise this flexibility if the 

responsible party demonstrates that 

cleanup to the numerical 

decontamination levels is clearly 

unwarranted because of risk-mitigating 

factors, that compliance with the 

procedural requirements or numerical 

standards in the policy is impracticable 

at a particular site, or that site-specific 

characteristics make the costs of 

cleanup prohibitive. The Regional 

Administrator will notify the Director, 

Office of Resource Conservation and 

Recovery of any decision and the basis 

for the decision to allow less stringent 

cleanup. The purpose of this 

notification is to enable the Director, 

Office of Resource Conservation and 

Recovery to ensure consistency of spill 

cleanup standards under special 

circumstances across the regions. 

* * * * * 

■ 29. Section 761.130 is amended by 

revising paragraph (e) to read as follows: 

§ 761.130 Sampling requirements. 

* * * * * 

(e) EPA recommends the use of a 

sampling scheme developed by the 

Midwest Research Institute (MRI) for 

use in enforcement inspections: 

‘‘Verification of PCB Spill Cleanup by 

Sampling and Analysis.’’ Guidance for 

the use of this sampling scheme is 

available in the MRI report ‘‘Field 

Manual for Grid Sampling of PCB Spill 

Sites to Verify Cleanup.’’ Both the MRI 

sampling scheme and the guidance 

document are available on EPA’s PCB 

Web site at http://www.epa.gov/pcb, or 

from the Program Management, 

Communications, and Analysis Office, 

Office of Resource Conservation and 

Recovery (5305P), 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. The major advantage of this 

sampling scheme is that it is designed 

to characterize the degree of 

contamination within the entire 

sampling area with a high degree of 

confidence while using fewer samples 

than any other grid or random sampling 

scheme. This sampling scheme also 

allows some sites to be characterized on 

the basis of composite samples. 

* * * * * 

■ 30. Section 761.205 is amended by 

revising paragraphs (a)(3) and (d) to read 

as follows: 

§ 761.205 Notification of PCB waste 

activity (EPA Form 7710–53). 

(a) * * * 

(3) Any person required to notify EPA 

under this section shall file with EPA 

Form 7710–53. Copies of EPA Form 

7710–53 are available on EPA’s Web site 

at http://www.epa.gov/pcb, or from the 

Program Management, Communications, 

and Analysis Office, Office of Resource 

Conservation and Recovery (5305P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30235 

DC 20460–0001. Descriptive 

information and instructions for filling 

in the form are included in paragraphs 

(a)(4)(i) through (vii) of this section. 

* * * * * 

(d) Persons required to notify under 

this section shall file EPA Form 7710– 

53 with EPA by mailing the form to the 

following address: Document Control 

Officer, Office of Resource Conservation 

and Recovery (5305P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

* * * * * 

■ 31. Section 761.243 is amended by 

revising paragraph (a) to read as follows: 

§ 761.243 Standard wipe sample method 

and size. 

(a) Collect a surface sample from a 

natural gas pipe segment or pipeline 

section using a standard wipe test as 

defined in § 761.123. Detailed guidance 

for the entire wipe sampling process 

appears in the document entitled, 

‘‘Wipe Sampling and Double Wash/ 

Rinse Cleanup as Recommended by the 

Environmental Protection Agency PCB 

Spill Cleanup Policy,’’ dated June 23, 

1987 and revised on April 18, 1991. 

This document is available on EPA’s 

Web site at http://www.epa.gov/pcb, or 

from the Program Management, 

Communications, and Analysis Office, 

Office of Resource Conservation and 

Recovery (5305P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

* * * * * 

■ 32. Section 761.386 is amended by 

revising paragraph (e) to read as follows: 

§ 761.386 Required experimental 

conditions for the validation study and 

subsequent use during decontamination. 

* * * * * 

(e) Confirmatory sampling for the 

validation study. Select surface sample 

locations using representative sampling 

or a census. Sample a minimum area of 

100 cm2 on each individual surface in 

the validation study. Measure surface 

concentrations using the standard wipe 

test, as defined in § 761.123, from which 

a standard wipe sample is generated for 

chemical analysis. Guidance for wipe 

sampling appears in the document 

entitled ‘‘Wipe Sampling and Double 

Wash/Rinse Cleanup as Recommended 

by the Environmental Protection Agency 

PCB Spill Cleanup Policy,’’ available on 

EPA’s Web site at http://www.epa.gov/ 

pcb, or from the Program Management, 

Communications, and Analysis Office, 

Office of Resource Conservation and 

Recovery (5305P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

* * * * * 

■ 33. Section 761.398 is amended by 

revising paragraph (a) to read as follows: 

§ 761.398 Reporting and recordkeeping. 

(a) Submit validation study results to 

the Director, Office of Resource 

Conservation and Recovery (5301P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, prior to the first use of 

a new solvent for alternate 

decontamination under § 761.79(d)(4). 

The use of a new solvent is not TSCA 

Confidential Business Information (CBI). 

From time to time, EPA will confirm the 

use of validated new decontamination 

solvents and publish the new solvents 

and validated decontamination 

procedures in the Federal Register. 

* * * * * 

[FR Doc. E9–14859 Filed 6–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0676–200820(a); 

FRL–8903–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Tennessee; Approval of Revisions to 

the Knox County Portion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the Knox 

County portion of the Tennessee State 

Implementation Plan (SIP) submitted by 

the State of Tennessee on April 21, 

2008. The revision pertains to the Knox 

County Department of Air Quality 

Management (KCDAQM) Regulation, 

Section 25.0 ‘‘Permits,’’ specifically 

subsection 25.6—Exemptions. This 

revision removes ‘‘mobile sources’’ from 

the list of exempted air contaminant 

sources, with respect to operating 

permits and reserves subsection 25.6.A. 

This revision is part of KCDAQM 

strategy to attain and maintain the 

National Ambient Air Quality Standards 

for 8-hour ozone, particulate matter 

(PM)2.5 and PM10. This revision was 

certified by the Tennessee Department 

of Environment and Conservation to be 

at least as stringent as the State of 

Tennessee’s existing requirements in 

Chapter 1200–3–9–.04 ‘‘Exemptions,’’ 

and is being approved pursuant to 

section 110 of the Clean Air Act (CAA). 

DATES: This direct final rule is effective 

August 24, 2009 without further notice, 

unless EPA receives adverse comment 

by July 27, 2009. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No EPA–R04– 

OAR–2008–0676, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0676,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2008– 

0676.’’ 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 other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 


sroberts on PROD1PC70 with RULES