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

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66343

prohibitions in Tennessee, 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 Tennessee 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. Tennessee

has enforcement responsibilities under

its state hazardous waste program for

violations of such programs, 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

regulations for which Tennessee is

being authorized by today’s action are

already effective, and are 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 Tennessee Previously Been

Authorized for?

Tennessee initially received Final

authorization on January 22, 1985,

effective February 5, 1985 (50 FR 2820)

to implement the RCRA hazardous

waste management program. We granted

authorization for changes to their

program on October 26, 2000, effective

December 26, 2000 (65 FR 64161), on

September 15, 1999, effective November

15, 1999 (64 FR 49998), on January 30,

1998, effective March 31, 1998 (63 FR

45870), on May 23, 1996, effective July

22, 1996 (61 FR 25796), on August 24,

1995, effective October 23, 1995 (60 FR

43979), on May 8, 1995, effective July 7,

1995 (60 FR 22524), on June 1, 1992,

effective July 31, 1992 (57 FR 23063),

and on June 12, 1987, effective August

11, 1987 (52 FR 22443).

G. What Changes Are We Authorizing

With Today’s Action?

On March 23, 2001, Tennessee

submitted a final complete program

revision application, seeking

authorization of its 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 Tennessee’s

hazardous waste program revision

satisfies all of the requirements

necessary to qualify for Final

authorization. Therefore, we grant Final

authorization for the following program

changes:

Federal requirement Federal Register Analogous State authority 1

160—Land Disposal Restrictions; Phase III—Emergency Extension of the

KO88 National Capacity

Variance.

62 FR 37694, 07/14/97 ...... Tennessee Code Annotated (TCA) 68–212–104(7) & (16); 68–212–106(a)(1) & (2);

68–212–107(a), (d)(1), (3), & (9); Tennessee Revised Code 1200–1–11–

10(2)(j)3.

161—Second Emergency

Revision of the Land Disposal Restrictions Treatment Standards for Listed

Hazardous Waste From

Carbamate Production.

62 FR 45568, 08/28/97 ...... Tennessee Code Annotated (TCA) 68–212–104(7) & (16); 68–212–106(a)(1) & (2);

68–212–107(a), (d)(1), (3), & (9); Tennessee Revised Code 1200–1–11–

10(3)(a)7, .10(3)(i)1/Table.

162—Clarification of Standards for Hazardous Waste

Land Disposal Restriction

Treatment Variances.

62 FR 64504, 12/05/97 ...... Tennessee Code Annotated (TCA) 68–212–104(7) & (16); 68–212–106(a)(1) & (2);

68–212–107(a), (d)(1), (3), & (9); Tennessee Revised Code 1200–1–11–

.10(3)(3).

66344 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

Federal requirement Federal Register Analogous State authority 1

163—Organic Air Emission

Standards for Tanks, Surface Impoundments, and

Containers; Clarification

and Technical Amendment.

62 FR 64636, 12/08/97 ...... Tennessee Code Annotated (TCA) 68–212–104(6) & (7); 68–212–106(a)(1) & (2);

68–212–107(a), (d)(1), (3), & (6); 68–212–108(a)(1); Tennessee Revised Code

1200–1–11–.06(2)(f)2(iv), .06(5)(d)2(vi), .06(30)(a)2(iii), .06(30)(a)3 & 5;

.06(30)(b), .06(30)(d)1(ii)(I)–(IV), .06(31)(a)2(iii), .06(31)(a)3 & 6, .06(31)(k)1,

.06(31)(k)2(i)–(iv), .06(31)(m)2(ii)–(iii), .06(31)(o)7(vi), .06(31)(o)13, .06(32)(a)2(i),

.06(32)(a)3, .06(32)(c)2, .06(32)(c)3(ii)(IX)I–II, .06(32)(c)3(iii), .06(32)(c)3(iv)(II),

.06(32)(d)1(ii), .06(32)(d)2(i), .06(32)(e)3(ii)(III), .06(32)(e)3(ii)(III)II,

.06(32)(e)3(ii)(III)II.A & B, .06(32)(e)5(iv), .06(32)(e)6(iii)(I)IV.D, .06(32)(e)6(iii)(III),

.06(32)(e)6(iv), .06(32)(e)10(ii)(III), .06(32)(f)2(ii), .06(32)(f)4(i)(III),

.06(32)(f)4(ii)(I)II, .06(32)(f)5(ii)(III), .06(32)(g)3(ii), .06(32)(g)3(iv)(I),

.06(32)(g)4(ii), .06(32)(g)4(iv)(I), .06(32)(g)7, .06(32)(h)3(iii)(II), .06(32)(h)3(vii),

.06(32)(j)1, .06(32)(j)2(i)(II)II, .06(32)(j)6(i), .06(32)(j)10, .06(32)(j)10(i)–(ii);

.05(2)(f)2(iv), .05(5)(d)2(vi), .05(27)(a)2(iii), .05(27)(a)4, .05(27)(d)1(ii)(I)–(IV),

.05(27)(d)6(ii)(VI)II, .05(28)(a)2(iii), .05(28)(a)5, .05(28)(k)1, .05(28)(k)2(i)–(iv),

.05(28)(m)2(ii)–(iii), .05(28)(o)7(vi), .05(28)(o)13, .05(29)(a)2(i), .05(29)(b),

.05(29)(c)1, .05(29)(c)1(i)–(ii), .05(29)(c)1(ii)(I)–(IV), .05(29)(c)2, .05(29)(c)2(i)–(ii),

.05(29)(c)2(ii)(I)–(III), .05(29)(c)3 & 4, .05(29)(d)2, .05(29)(d)3(ii)(I),

.05(29)(d)3(ii)(IX)I–II, .05(29)(d)3(iii), .05(29)(d)3(iv)(II), .05(29)(e)1(ii),

.05(29)(e)1(iii)(II)II, .05(29)(e)1(iii)(III), .05(29)(e)1(iii)(III)I, VI, VII & VII.A,

.05(29)(e)1(iii)(IV), .05(29)(e)1(iii)(IV)I, II, II.A, II.B, .05(29)(e)1(iii)(V),

.05(29)(e)1(iv)(IV), .05(29)(e)2(i), .05(29)(e)2(iii)(II)II, .05(29)(e)2(iii)(III),

.05(29)(e)2(iii)(III)VI–VII, .05(29)(e)2(iii)(IV) & (V), .05(29)(e)2(viii)(III),

.05(29)(e)2(ix)(IV), .05(29)(e)4(v)(II), .05(29)(f)3(ii)(III), .05(29)(f)3(ii)(III)II,

.05(29)(f)3(ii)(III)II.A & B, .05(29)(f)5(iv), .05(29)(f)6(iii)(I)IV.D, .05(29)(f)6(iv),

.05(29)(f)10(ii)(III), .05(29)(g)2(ii), .05(29)(g)4(i)(III), .05(29)(g)4(ii)(I)II,

.05(29)(g)5(ii)(III), .05(29)(h)3(iv)(I), .05(29)(h)4(iv)(I), .05(29)(h)7,

.05(29)(i)3(iii)(II), .05(29)(i)3(vii), .05(29)(k)1, .05(29)(k)2(i)(II)II, .05(29)(k)6(i),

.05(29)(k)10, .05(29)(k)10(i) & (ii), .05(53)Appendix VI; .07(5)(a)1(v)

164—Kraft Mill Steam Stripper Condensate Exclusion.63 FR 18504, 04/15/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1); 68–212–

107(d)(1); Tennessee Revised Code 1200–1–11–.02(1)(d)1(xvii).

166—Recycled Used Oil

Management Standards,

Technical Correction and

Clarification.

63 FR 24963, 05/06/99 ......

63 FR 37780, 07/14/98 ......

Tennessee Code Annotated (TCA) 68–211–106(a)(1) & 2; 68–211–107(a); 68–

211–1001 et seq.; 68–212–106(a)(1); 68–212–107(a), (d)(1), (3), & (6); Tennessee Revised Code 1200–1–11–.02(1)(e)10, .02(1)(f)1(iii)(IV)I–III, .11(2)(a)9,

.11(3)(c)4, .11(3)(c)4(i)–(iv), .11(5)(f)8, .11(5)(f)8(i)–(iv), .11(6)(e)7, .11(6)(e)7(i)–

(iv), .11(7)(e)7, .11(7)(e)7(i)–(iv), .11(8)(e)2, .11(8)(e)2(i)–(iv).

167A–Land Disposal Restrictions; Phase IV—

Treatment Standards for

Metal Wastes and Mineral

Processing Wastes.

63 FR 28556, 05/26/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1) & (2); 68–

212–107(a) & (d)(1), (3) & (9); Tennessee Revised Code 1200–1–11–

.10(1)(b)10, .10(1)(c)4, .10(2)(e)1, 3 & 4, .10(2)(e)5 .10(2)(e)5(i)–(iv), .10(2)(e)6,

.10(3)(a)5 & 8, .10(3)(a)/Table ‘‘Treatment Mineral Wastes’’, .10(3)(i)/Table UTS

(Universal Treatment Standards)

167B–Land Disposal Restriction Phase IV—Hazardous Soils Treatment

Standards and Excluision.

63 FR 28556, 05/26/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1) & (2); 68–

212–107(a) & (d)(1), (3) & (9); Tennessee Revised Code 1200–1–11 –.10(1)(b)9,

.10(1)(g)1(i)–(ii), .10(1)(g)1(ii)(I)–(II), .10(1)(g)1(iii)intro, .10(1)(g)1(iii)(II),

.10(1)(g)1(iv), .10(1)(g)1(iv)/Table, .10(1)(g)1(v)–(vi), .10(1)(g)2(i)–(iii),

.10(1)(g)2(iv) intro, .10(1)(g)5 intro, .10(1)(g)5(i)–(ii), .10(3)(e), .10(3)(j)1– 2,

.10(3)(j)3 intro, .10(3)(j)3(i) intro, .10(3)(j)3(i)(I)–(III), .10(3)(j)3(ii), .10(3)(j)3(iii)

intro, .10(3)(j)3(iii)(I)– (II), .10(3)(j)4, .10(3)(j)5 intro, .10(3)(j)5(i), .10(3)(j)5(ii) intro,

.10(3)(j)5(ii)(I)–(II).

167C–Land Disposal Restrictions, Phase IV—Corrections.63 FR 28556, 05/26/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1) & (2); 68–

212–107(a) & (d)(1), (3) & (9); Tennessee Revised Code 1200–1–

11.10(1)(d)1(ii)(II)–(III) .10(1)(g)1(vii), .10(1)(g)2(iii)(II)/Table, .10(1)(g)2(iv)(IV)–

(V), .10(1)(g)2(v) & (vi), .10(3)(a)5, .10(3)(a)10/Table, .10(3)(c)1, .10(3)(c)1(i)–(iii),

.10(3)(f)1 intro, .10(3)(f)4(iii)–(iv), .10(3)(i)1/table UTS, .10(5)Appendix VII, Table

1, .10(5)Appendix VIII.

167D—Mineral Processing

Secondary Materials Exclusion.

63 FR 28556, 05/26/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1) & (2); 68–

212–107(a) & (d)(1), (3) & (9); Tennessee Revised Code 1200–1–11–

.02(1)(b)3(iii), .02(1)(b)3(iv/Table, .02(1)(b)5(i)(III), .02(1)(d)1(xviii) intro,

.02(1)(d)1(xviii)(I)–(III), .02(1)(d)1(xviii)(IV)I–III, .02(1)(d)1(xviii)(V)–(VI).

167E—Bevill Exclusion Revisions and Clarifications.63 FR 28556, 05/26/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1) & (2); 68–

212–107(a) & (d)(1), (3) & (9); Tennessee Revised Code 1200–1–11–

.02(1)(c)1(ii)(I) & (III), .02(1)(d)3(ii)(III) intro, .02(1)(d)3(ii)(III)I–II,

.02(1)(d)3(ii)(III)II.A–T, .02(1)(d)3(ii)(III)III, .02(1)(d)3(ii)(III)III.A & B.

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66345

Federal requirement Federal Register Analogous State authority 1

168—Hazardous Waste

Conbustors, Revised

Standards.

63 FR 33782, 06/19/98 ...... Tennessee Code Annotated (TCA) 68–212–104(7); 68–212–106(a)(1); 68–212–

107(a), (d)(1), (3), & (4); 68–212–108(a)(1) & (b); Tennessee Revised Code

1200–1–11– .02(1)(d)1(xix), .02(4)(i) intro, .02(4)(i)1 intro, .02(4)(i)1(i) intro,

.02(4)(i)1(i)(I)–(II), .02(4)(i)1(ii), .02(4)(i)2 intro, .02(4)(i)2(i)–(v), .02(4)(i)/Table 1,

.02(4)(i)3 intro, .02(4)(i)3(i), .02(4)(i)3(i)(I) intro, .02(4)(i)3(i)(I)I–II, .02(4)(i)3(i)(I)III

intro, .02(4)(i)3(i)(I)III.A–D, .02(4)(i)3(i)(II) intro, .02(4)(i)3(i)(II)I–V, .02(4)(i)3(ii)

intro, .02(4)(i)3(ii)(I), .02(4)(i)3(ii)(II) intro, .02(4)(i)3(ii)(II)I–II, .02(4)(i)3(ii)(III),

.02(4)(i)3(iii) intro, .02(4)(i)3(iii)(I)–(III), .02(4)(i)3(iv)(I) intro, .02(4)(i)3(iv)(I)I–III,

.02(4)(i)3(iv)(II), .02(4)(i)3(v) intro, .02(4)(i)3(v)(I) intro, .02(4)(i)3(v)(I)I– III,

.02(4)(i)3(v)(II), .02(4)(i)3(vi), .02(4)(i)3(vii) intro, .02(4)(i)3(vii)(I) intro,

.02(4)(i)3(vii)(I) I–V, .02(4)(i)3(vii)(II) intro, .02(4)(i)3(vii)(II)I–VIII, .02(4)(i)3(vii)(III),

.02(4)(i)3(viii) intro, .02(4)(i)3(viii)(I) intro, .02(4)(i)3(viii)(I)I–IV, .02(4)(i)3(viii)(II),

.02(4)(i)3(viii)(III) intro, .02(4)(i)3(viii)(III)I–II, .02(4)(i)3(viii)(IV)–(VII),

.02(4)(i)3(viii)(VIII) intro, .02(4)(i)3(viii)(VIII)I–II, .02(4)(i)3(viii)(IX), .02(4)(i)3(ix),

.02(4)(i)3(x) intro, .02(4)(i)3(x)(I) intro, .02(4)(i)3(x)(I)I–III, .02(4)(i)3(x)(II)–(VII),

.02(4)(i)3(x)(VIII) intro, .02(4)(i)3(x)(VIII)I–VIII, .02(4)(i)3(x)(IX) intro,

.02(4)(i)3(x)(IX)I–V, .02(4)(i)3(xi), .02(4)(i)3(xii) intro, .02(4)(i)3(xii)(I)–(III),

.02(4)(i)3(xiii); .07(9)(c)5(x), .07(9)(c)5(x)(I)–(II), .07(10)(1)9, .07(3)(c)2(viii).

1The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective July 19, 1999.

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?

Tennessee 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, 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. We 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

Tennessee is not authorized.

J. How Does Today’s Action Affect

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

Tennessee?

Tennessee’s Hazardous Waste

Program is not being authorized to

operate in Indian country.

K. What Is Codification and Is EPA

Codifying Tennessee’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

RR for this authorization of Tennessee’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

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.

Tennessee 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.

66346 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

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 22, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region IV.

[FR Doc. 01–31489 Filed 12–21–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–2848; MM Docket No. 01–168; RM–

10187]

Radio Broadcasting Services;

Mendocino, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a Notice of

Proposed Rule Making, 66 FR 41489

(August 8, 2001), this document adds

Channel 266A to Mendocino, California,

and removes channel 224A from

Mendocino, California. This action

enables Station KMFB(FM) to operate

with maximum facilities as a Class A

FM station, utilizing its current site for

that station. The coordinates for

Channel 266A at Mendocino are 39–20–

33 North Latitude and 123–46–51 West

Longitude.

DATES: Effective January 22, 2002.

FOR FURTHER INFORMATION CONTACT: R.

Barthen Gorman, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–168,

adopted November 28, 2001, and

released December 7, 2001. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Information Center at Portals

II, CY–A257, 445 12th Street, SW.,

Washington, DC. This document may

also be purchased from the

Commission’s duplicating contractors,

Qualex International, Portals II, 445

12th Street, SW., Room CY–B402,

Washington, DC, 20554, telephone 202–

863–2893, facsimile 202–863-2898, or

via e-mail qualexint@aol.com.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

1. Section 73.202(b), the Table of FM

Allotments under California, is

amended by removing Channel 224A

and adding Channel 266A at

Mendocino, California.

Federal Communications Commission

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–31562 Filed 12–21–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[FRA–1998–4898, Notice No. 4]

RIN 2130–AB30

Annual Adjustment of Monetary

Threshold for Reporting Rail

Equipment Accidents/Incidents—

Calendar Year 2002

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule establishes at

$6,700 the monetary threshold for

reporting railroad accidents/incidents

involving railroad property damage that

occur during calendar year 2002. The

monetary threshold of $6,700 for

calendar year 2002 represents an $100

increase over last year’s monetary

threshold of $6,600. This action is

needed to ensure and maintain

comparability between different years of

data by having the threshold keep pace

with any increases or decreases in

equipment and labor costs so that each

year accidents involving the same

minimum amount of railroad property

damage are included in the reportable

accident counts.

EFFECTIVE DATE: January 1, 2002.

FOR FURTHER INFORMATION CONTACT:

Robert L. Finkelstein, Staff Director,

Office of Safety Analysis, RRS–22, Mail

Stop 17, Office of Safety Assurance and

Compliance, FRA, 1120 Vermont Ave.,

NW., Washington, DC 20590 (telephone

202–493–6280); or Nancy L. Friedman,

Trial Attorney, Office of Chief Counsel,

RCC–12, Mail Stop 10, FRA, 1120

Vermont Ave., NW., Washington, DC

20590 (telephone 202–493–6034).

SUPPLEMENTARY INFORMATION:

Background

Each rail equipment accident/incident

must be reported to FRA using the Rail

Equipment Accident/Incident Report

(Form FRA F 6180.54). 49 CFR

225.19(b), (c). As revised in 1997,

paragraphs (c) and (e) of 49 CFR 225.19,

provide that the dollar figure that

constitutes the reporting threshold for

rail equipment accidents/incidents will

be adjusted, if necessary, every year in

accordance with the procedures

outlined in appendix B to part 225, to

reflect any cost increases or decreases.

61 FR 30942, 30969 (June 18, 1996); 61

FR 60632, 60634 (Nov. 29, 1996); 61 FR

67477, 67490 (Dec. 23, 1996).

New Reporting Threshold

Approximately one year has passed

since the rail equipment accident/

incident reporting threshold was last

reviewed, and approximately four years

since it was revised. 64 FR 69193 (Dec.

10, 1999); 63 FR 71790 (Dec. 30, 1998);

62 FR 63675 (Dec. 2, 1997).

Consequently, FRA has recalculated the

threshold, as required by § 225.19(c),

based on increased costs for labor and

increased costs for equipment. FRA has

determined that the current reporting

threshold of $6,600, which applies to

rail equipment accidents/incidents that

occur during calendar year 2001, should

increase by $100 to $6,700 for the same

rail equipment accidents/incidents that

occur during calendar year 2002,

effective January 1, 2002.

Accordingly, §§ 225.5 and 225.19 and

appendix B have been amended to state

the reporting threshold for calendar year

2002 and the most recent cost figures

and the calculations made to determine

that threshold.

Notice and Comment Procedures

In this rule, FRA has recalculated the

monetary reporting threshold based on

the formula adopted, after notice and

comment, in the final rule published

June 18, 1996, 61 FR 30959, 30969, and

discussed in detail in the final rule

published November 29, 1996, 61 FR

30632. FRA has found that both the

current cost data inserted into this preexisting formula and the original cost