66340 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

government and Indian tribes, as

specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this rule.

VIII. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: December 13, 2001.

Peter Caulkins,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346(a) and

371.

2. Section 180.479 is amended by

alphabetically adding the following

commodity to the table in paragraph

(a)(2) to read as follows:

§ 180.479 Halosulfuron-methyl; tolerances

for residues.

(a) * * *

(2) * * *

Commodity Parts per million

*****

Melon Subgroup ............. 0.1

*****

* * * * *

[FR Doc. 01–31639 Filed 12–21–01; 8:45 am

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–7120–8]

Kentucky: Final Authorization of State

Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Kentucky has applied to EPA

for Final authorization of the 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. EPA is publishing this rule

to authorize the changes without a prior

proposal because we believe this action

is not controversial and do not expect

comments that oppose it. Unless we get

written comments which oppose this

authorization during the comment

period, the decision to authorize

Kentucky’s changes to their hazardous

waste program will take effect as

provided below. If we get comments

that oppose this action, we will publish

a document in the Federal Register

withdrawing this rule before it takes

effect and a separate document in the

proposed rules section of this Federal

Register will serve as a proposal to

authorize the changes.

DATES: This Final authorization will

become effective on February 25, 2002

unless EPA receives adverse written

comment by January 25, 2002. 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 effect.

ADDRESSES: Send written comments to

Narindar Kumar, Chief, RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW., Atlanta, GA,

30303–3104; (404) 562–8440. You can

view and copy Kentucky’s application

from 8 a.m. to 4:30 p.m. at the following

addresses: Kentucky Department for

Environmental Protection, Division of

Waste Management, Fort Boone Plaza,

Building 2, 18 Reilly Road, Frankfort,

Kentucky 40601, (502) 564–6716; U.S.

EPA, Region 4, Library, 61 Forsyth

Street, SW., Atlanta, Georgia 30303–

3104; (404) 562–8190.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, Chief RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW., Atlanta, GA,

30303–3104; (404) 562–8440.

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 conclude that Kentucky’s

application for the Omnibus Provision

meets all of the statutory and regulatory

requirements established by RCRA.

Therefore, we grant Kentucky Final

authorization to operate its hazardous

waste program with the Omnibus

Provision changes described in the

authorization application. Kentucky has

responsibility for permitting Treatment,

Storage, and Disposal Facilities (TSDFs)

within its borders (except in Indian

Country) and for 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 (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 those requirements and

prohibitions in Kentucky, including

issuing permits, until the State is

granted authorization to do so.

C. What Is the Effect of Today’s

Authorization Decision?

The effect of this decision is that a

facility in Kentucky subject to RCRA

will now have to comply with the

authorized State requirements instead of

the equivalent Federal requirements in

order to comply with RCRA. Kentucky

has enforcement responsibilities under

its state hazardous waste program for

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66341

violations of such program, but EPA

retains its authority under RCRA

sections 3007, 3008, 3013, and 7003,

which include, among others, authority

to:

• Do inspections, and require

monitoring, tests, analyses or reports

• Enforce RCRA requirements and

suspend or revoke permits

• Take enforcement actions regardless

of whether the State has taken its own

actions

This action does not impose

additional requirements on the

regulated community because the

regulation for which Kentucky is being

authorized by today’s action is already

effective, and is not changed by today’s

action.

D. Why Wasn’t There a Proposed Rule

Before Today’s Rule?

EPA did not publish a proposal before

today’s rule because we view this as a

routine program change and do not

expect comments that oppose this

approval. We are providing an

opportunity for public comment now. In

addition to this rule, in the proposed

rules section of today’s Federal Register

we are publishing a separate document

that proposes to authorize the state

program changes.

E. What Happens if EPA Receives

Comments That Oppose This Action?

If EPA receives comments that oppose

this authorization, we will withdraw

this rule by publishing a document in

the Federal Register before the rule

becomes effective. EPA will base any

further decision on the authorization of

the state program changes on the

proposal mentioned in the previous

paragraph. We will then address all

public comments in a later final rule.

You may not have another opportunity

to comment. If you want to comment on

this authorization, you must do so at

this time.

If we receive comments that oppose

only the authorization of a particular

change to the State hazardous waste

program, we will withdraw that part of

this rule but the authorization of the

program changes that the comments do

not oppose will become effective on the

date specified above. The Federal

Register withdrawal document will

specify which part of the authorization

will become effective, and which part is

being withdrawn.

F. What Has Kentucky Previously Been

Authorized for?

Kentucky initially received Final

authorization on January 17, 1985,

effective January 31, 1985 (50 FR

46437), to implement the RCRA

hazardous waste management program.

We granted authorization for changes to

their program on December 19, 1988,

March 20, 1989, May 15, 1989,

November 30, 1992, March 13, 1995,

May 25, 1996, June 25, 1996, and July

22, 1996.

G. What Changes Are We Authorizing

With Today’s Action?

On June 14, 1996, Kentucky

submitted a final complete program

revision application, seeking

authorization of their changes in

accordance with 40 CFR 271.21. We

now make an immediate final decision,

subject to receipt of written comments

that oppose this action, that Kentucky’s

hazardous waste program revision

satisfies all of the requirements

necessary to qualify for Final

authorization. Therefore, we grant

Kentucky Final authorization for the

following program change:

Federal requirement Federal Register Analogous State authority 1

17–O—Omnibus Provision ................................ 07/15/85

50 FR 28702

Kentucky Revised Statutes (KRS) 224.10–100; 224.46–520;

401 Kentucky Administrative Regulations (KAR) 38:030 § 3

(2)(a).

1The Kentucky provision is from the Kentucky Administrative Regulations, effective March 10, 1988.

H. Where Are the Revised State Rules

Different From the Federal Rules?

There are no State requirements that

are more stringent or broader in scope

than the Federal requirements.

I. Who Handles Permits After the

Authorization Takes Effect?

Kentucky will issue permits for all the

provisions for which it is authorized

and will administer the permits it

issues. EPA will continue to administer

any RCRA hazardous waste permits or

portions of permits which we issued

prior to the effective date of this

authorization. At the time the State

Program is approved in the new areas,

EPA will suspend issuance of Federal

permits in the State. EPA will transfer

any pending permit applications,

completed permits or pertinent file

information to the State within thirty

(30) days of the approval of the State

program. Upon the effective date of an

equivalent State permit, EPA will

terminate those Federal permits issued

pursuant to 40 CFR 124.5 and 271.8 and

Kentucky’s compliance with § 271.13

(d). EPA will not issue any more new

permits or new portions of permits for

the provisions listed in the Table above

after the effective date of this

authorization. EPA will continue to

implement and issue permits for HSWA

requirements for which Kentucky is not

yet authorized.

J. How Does Today’s Action Affect

Indian Country (18 U.S.C. 115) in

Kentucky?

Kentucky’s Hazardous Waste Program

is not being authorized to operate in

Indian country.

K. What Is Codification and Is EPA

Codifying Kentucky’s Hazardous Waste

Program as Authorized in This Rule?

Codification is the process of placing

the State’s statutes and regulations that

comprise the State’s authorized

hazardous waste program into the Code

of Federal Regulations. We do this by

referencing the authorized State rules in

40 CFR part 272. We reserve the

amendment of 40 CFR part 272, subpart

S for this authorization of Kentucky’s

program until a later date.

L. Administrative Requirements

The Office of Management and Budget

has exempted this action from the

requirements of Executive Order 12866

(58 FR 51735, October 4, 1993), and

therefore this action is not subject to

review by OMB. This action authorizes

State requirements for the purpose of

RCRA 3006 and imposes no additional

requirements beyond those imposed by

State law. Accordingly, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this action authorizes

pre-existing requirements under State

law and does not impose any additional

enforceable duty beyond that required

by State law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4).

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 6, 2000), requires EPA

66342 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

to develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’ This

rule does not have tribal implications. It

will not have substantial direct effects

on tribal governments, 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, as

specified in Executive Order 13175.

Kentucky is not approved to implement

the RCRA hazardous waste program in

Indian country. This action has no effect

on the hazardous waste program that

EPA implements in the Indian country

within the State. Thus, Executive Order

13175 does not apply to this rule.

This action will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

authorizes State requirements as part of

the State RCRA hazardous waste

program without altering the

relationship or the distribution of power

and responsibilities established by

RCRA. This action also is not subject to

Executive Order 13045 (62 FR 19885,

April 23, 1997), because it is not

economically significant and it does not

make decisions based on environmental

health or safety risks. This rule 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.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: October 17, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region IV.

[FR Doc. 01–31487 Filed 12–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–7121–1]

Tennessee: Final Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Tennessee has applied to EPA

for Final authorization of the 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. EPA is publishing this rule

to authorize the changes without a prior

proposal because we believe this action

is not controversial and do not expect

comments that oppose it. Unless we get

written comments which oppose this

authorization during the comment

period, the decision to authorize

Tennessee’s changes to its hazardous

waste program will take effect as

provided below. If we get comments

that oppose this action, we will publish

a document in the Federal Register

withdrawing this rule before it takes

effect and a separate document in the

proposed rules section of this Federal

Register will serve as a proposal to

authorize the changes.

DATES: This Final authorization will

become effective on February 25, 2002,

unless EPA receives adverse written

comment by January 25, 2002. 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 effect.

ADDRESSES: Send written comments to

Narindar Kumar, Chief, RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW., Atlanta, Georgia

30303–3104; (404) 562–8440. You can

view and copy Tennessee’s application

from 8:00 a.m. to 4:30 p.m. at the

following addresses: Tennessee

Department of Environment and

Conservation, Division of Solid Waste

Management, 5th Floor, L & C Tower,

401 Church Street, Nashville, Tennessee

37243–1535; and EPA Region 4, Library,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW., Atlanta, Georgia

30303–3104; (404) 562–8190.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, Chief, RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW., Atlanta, Georgia

30303–3104; (404) 562–8440.

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 conclude that Tennessee’s

application for RCRA Cluster VIII meets

all of the statutory and regulatory

requirements established by RCRA.

Therefore, we grant Tennessee Final

authorization to operate its hazardous

waste program with the changes

described in the authorization

application. Tennessee has

responsibility for permitting Treatment,

Storage, and Disposal Facilities (TSDFs)

within its borders (except in Indian

Country) and for 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 (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 those requirements and