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Federal Register / Vol. 71, No.

192 / Wednesday, October 4, 2006 / Rules and Regulations 58521

or on the distribution of power and Congress and to the Comptroller General these amendments satisfy all
responsibilities among the various of the United States. EPA will submit a requirements needed for program
levels of government, as specified in report containing this rule and other approval and is approving the State’s
Executive Order 13132, entitled required information to the U.S. Senate, changes through this immediate final
Federalism (64 FR 43255, August 10, the U.S. House of Representatives, and action. EPA is publishing this rule to
1999). Executive Order 13132 requires the Comptroller General of the United approve the changes without a prior
EPA to develop an accountable process States prior to publication of this rule in tentative determination because we
to ensure ‘‘meaningful and timely input the Federal Register. This rule is not a believe this action is not controversial
by State and local officials in the ‘‘major rule’’ as defined by 5 U.S.C. and do not expect comments that
development of regulatory policies that 804(2). oppose it. Unless we get written
have federalism implications.’’ ‘‘Policies comments which oppose this approval
that have federalism implications’’ is List of Subjects in 40 CFR Part 180 during the comment period, the
defined in the Executive order to Environmental protection, decision to approve New Hampshire’s
include regulations that have Administrative practice and procedure, amendments to its underground storage
‘‘substantial direct effects on the States, Agricultural commodities, Pesticides tank (UST) program will take effect as
on the relationship between the national and pests, Reporting and recordkeeping provided below. If we receive comments
government and the States, or on the requirements. that oppose this action, we will publish
distribution of power and a document in the Federal Register
responsibilities among the various Dated: September 25, 2006. withdrawing this rule before it takes
levels of government.’’ This final rule Lois Rossi, effect, and the separate document in the
directly regulates growers, food Director, Registration Division, Office of proposed rules section of this Federal
processors, food handlers, and food Pesticide Programs. Register will serve as the proposal to
retailers, not States. This action does not ■Therefore, 40 CFR chapter I is approve the amendments.
alter the relationships or distribution of amended as follows: DATES: This approval will become
power and responsibilities established effective on December 4, 2006, unless
by Congress in the preemption PART 180—[AMENDED] EPA receives adverse written comment
provisions of section 408(n)(4) of by November 3, 2006. If EPA receives
FFDCA. For these same reasons, the ■ 1. The authority citation for part 180
continues to read as follows: such comment, it will publish a timely
Agency has determined that this rule withdrawal of this immediate final rule
does not have any ‘‘tribal implications’’ Authority: 21 U.S.C. 321(q), 346a and 371. in the Federal Register and inform the
as described in Executive Order 13175,
■ 2. In § 180.960, the table is amended public that this approval will not take
entitled Consultation and Coordination
by adding the following entry in immediate effect.
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive alphabetically order to read as follows: ADDRESSES: Submit your comments,
Order 13175, requires EPA to develop identified by Docket ID No. EPA–R01–
§ 180.960 Polymers; exemptions from the
an accountable process to ensure UST–2006–0622, by one of the
requirement of a tolerance.
‘‘meaningful and timely input by tribal following methods:
* * * * * • www.regulations.gov: Follow the
officials in the development of
regulatory policies that have tribal on-line instructions for submitting
Polymer CAS No.
implications.’’ ‘‘Policies that have tribal comments.
implications’’ is defined in the * * * * * • E-mail: hanamoto.susan@epa.gov.
Executive order to include regulations Acetic acid ethenyl 25086–89–9 • Mail: Susan Hanamoto, Office of
that have ‘‘substantial direct effects on ester, polymer with Underground Storage Tanks, EPA
one or more Indian tribes, on the 1-ethenyl-2- Region I, One Congress Street, Suite
relationship between the Federal pyrrolidinone 1100 (Mail Code: HBO), Boston, MA
* * * * * 02114–2023.
Government and the Indian tribes, or on
the distribution of power and • Hand Delivery: Susan Hanamoto,
[FR Doc. E6–16184 Filed 10–3–06; 8:45 am] Office of Underground Storage Tanks,
responsibilities between the Federal
Government and Indian tribes.’’ This
BILLING CODE 6560–50–S EPA Region I, One Congress Street,
rule will not have substantial direct Suite 1100 (Mail Code: HBO), Boston,
effects on tribal governments, on the MA 02114–2023. Such deliveries are
ENVIRONMENTAL PROTECTION only accepted during the EPA’s normal
relationship between the Federal AGENCY
Government and Indian tribes, or on the hours of operation, and special
distribution of power and 40 CFR Part 281 arrangements should be made for
responsibilities between the Federal deliveries of boxed information.
Government and Indian tribes, as [EPA–R01–UST–2006–0622; FRL–8226–5] Instructions: Direct your comments to
specified in Executive Order 13175. Docket ID No. EPA–R01–UST–2006–
New Hampshire: Final Approval of 0622. EPA’s policy is that all comments
Thus, Executive Order 13175 does not Underground Storage Tank Program
apply to this rule. received will be included in the public
Revisions docket without change and may be
XII. Congressional Review Act made available online at
AGENCY: Environmental Protection
The Congressional Review Act, 5 Agency (EPA). www.regulations.gov, including any
U.S.C. 801 et seq., as added by the Small ACTION: Immediate final rule. personal information provided, unless
Business Regulatory Enforcement the comment includes information
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Fairness Act of 1996, generally provides SUMMARY: The State of New Hampshire claimed to be Confidential Business
that before a rule may take effect, the has amended the regulations previously Information (CBI) or other information
agency promulgating the rule must approved by EPA under Subtitle I of the whose disclosure is restricted by statute.
submit a rule report, which includes a Resource Conservation and Recovery Do not submit information that you
copy of the rule, to each House of the Act (RCRA). EPA has determined that consider to be CBI or otherwise

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58522 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations

protected through www.regulations.gov SUPPLEMENTARY INFORMATION: Federal Register before the rule
or e-mail. The www.regulations.gov Web becomes effective. EPA will base any
A. Why Are Revisions to State
site is an ‘‘anonymous access’’ system, further decision on the approval of the
Programs Necessary?
which means EPA will not know your state program changes on the proposal
identity or contact information unless States that have received final mentioned in the previous paragraph.
you provide it in the body of your approval of their UST program under We will then address all public
comment. If you send an e-mail Section 9004 of RCRA, 42 U.S.C. 6991c, comments in a later final rule. You may
comment directly to EPA without going must maintain a UST program that is not have another opportunity to
through www.regulations.gov, your e- ‘‘no less stringent’’ than the Federal comment. If you want to comment on
mail address will be automatically program with respect to the seven
this approval, you must do so at this
captured and included as part of the requirements set forth at RCRA section
time.
comment that is placed in the public 9004(a)(1) through (7), 42 U.S.C.
docket and made available on the 6991c(a)(1) through (7), that meets the If we receive comments that oppose
Internet. If you submit an electronic notification requirements of RCRA only the approval of a particular change
comment, EPA recommends that you section 9004(a)(8), and that also to the State UST program, we will
include your name and other contact provides for adequate enforcement of withdraw that part of this rule but the
information in the body of your compliance with UST standards in approval of the program changes that
comment and with any disk or CD–ROM accordance with RCRA section 9004(a), the comments do not oppose will
you submit. If EPA cannot read your 42 U.S.C. 6991c(a). Either EPA or the become effective on the date specified
comment due to technical difficulties approved state may initiate program above. The Federal Register withdrawal
and cannot contact you for clarification, revision. Program revision may be document will specify which part of the
EPA may not be able to consider your necessary when the controlling Federal approval will become effective, and
comment. Electronic files should avoid or state statutory or regulatory authority which part is being withdrawn.
the use of special characters, any form is changed or when responsibility for
of encryption, and be free of any defects the state program is shifted to a new F. What Has New Hampshire
or viruses. agency or agencies. Previously Been Approved for?
Docket: EPA has established a docket
for this action under Docket ID No. B. What Decisions Have We Made in New Hampshire received final
EPA–R01–UST–2006–0622. All This Rule? approval on June 19, 1991, effective July
documents in the docket are listed on We conclude that New Hampshire’s 19, 1991 (56 FR 28089) to administer the
the www.regulations.gov Web site. application to revise its approved UST program in lieu of the Federal
Although listed in the index, some program meets all of the statutory and program. On November 2, 1993,
information may not be publicly regulatory requirements established by effective January 3, 1994 (58 FR 58624),
available, e.g., CBI or other information RCRA. Therefore, we grant New EPA codified the approved New
whose disclosure is restricted by statute. Hampshire approval to operate its UST Hampshire program, incorporating by
Certain other material, such as program with the revisions described in reference the state statutes and
copyrighted material, is not placed on the program approval application. regulations that are thereby subject to
the Internet and will be publicly EPA’s inspection and enforcement
available only in hard copy form. C. What Is the Effect of Today’s
Approval Decision? authorities under RCRA sections 9005
Publicly available docket materials are and 9006, 42 U.S.C. 6991d and 6991e,
available either electronically through This action does not impose and other applicable statutory and
www.regulations.gov or in hard copy at additional requirements on the regulatory provisions.
the EPA Region I Library, One Congress regulated community because the
Street, 11th Floor, Boston, MA 02114– regulations for which New Hampshire is G. What Changes Are We Approving
2023; business hours Tuesday through being approved by today’s action are With Today’s Action?
Thursday 10 a.m. to 3 p.m., telephone: already effective, and they are not
(617) 918–1990; or the New Hampshire changed by today’s action. On February 23, 2006, in accordance
Department of Environmental Services, with 40 CFR 281.52(b), New Hampshire
Public Information Center, 29 Hazen D. Why Wasn’t There a Proposed Rule submitted a final complete program
Drive, Concord, NH 03302–0095; Phone Before Today’s Rule? revision application seeking approval
Number: (603) 271–2919 or (603) 271– EPA did not publish a proposal before for its UST program revisions adopted
2975; Business hours: 8 a.m. to 4 p.m., today’s rule because we view this as a as of February 1, 2005. We now make
Monday–Friday. Records in these non-controversial program change and an immediate final decision, subject to
dockets are available for inspection and do not expect comments that oppose receipt of written comments that oppose
copying during normal business hours. this approval. We are providing an this action, that New Hampshire’s UST
FOR FURTHER INFORMATION CONTACT: opportunity for public comment now. program revision satisfies all of the
Susan Hanamoto, Office of requirements necessary to qualify for
Underground Storage Tanks, EPA E. What Happens if EPA Receives
Comments That Oppose This Action? final approval. Therefore, we grant New
Region I, One Congress Street, Suite Hampshire final approval for the
1100 (Mail Code: HBO), Boston, MA If EPA receives comments that oppose following program additions and
02114–2023, telephone: (617) 918–1219, this approval, we will withdraw this
changes:
e-mail: hanamoto.susan@epa.gov. rule by publishing a document in the

Description of required federal element Implementing state authority


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42 U.S.C. 6991c(a)(1) Requirements for maintaining leak detection system, inventory control with Env-Wm 1401.11.
tank testing, or other system to identify releases. Env-Wm 1401.13(e).
Env-Wm 1401.16(c–d).
Env-Wm 1401.29.

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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations 58523

Description of required federal element Implementing state authority

Env-Wm 1401.30 (j–m), (r) and(u).


Env-Wm 1401.31(b) and (j).
Env-Wm 1401.37(a), (c–e), and (g–i).
42 U.S.C. 6991c(a)(2) Requirements for maintaining records of monitoring or leak detection, in- Env-Wm 1401.11.
ventory control or tank testing systems. Env-Wm 1401.13(f), (h).
Env-Wm 1401.14(b).
Env-Wm 1401.25(f).
Env-Wm 1401.28(g) and (n).
Env-Wm 1401.29(h).
Env-Wm 1401.30(g–I), (n–q), and (v).
Env-Wm 1401.31(c–f).
Env-Wm 1401.32(c–j).
Env-Wm 1401.33(f–k).
Env-Wm 1401.36(f–h).
Env-Wm 1401.37(f).
Env-Wm 1401.38(c–d).
42 U.S.C. 6991c(a)(5) Requirements for closure of tanks to prevent future releases ....................... Env-Wm 1401.15(d–g).
Env-Wm 1401.17.
Env-Wm 1401.18.
Env-Wm 1401.28(q).
Env-Wm 1401.34(i).
Env-Wm 1401.37(b).
Env-Wm 1401.38(a).
42 U.S.C. 6991c(a)(7) Standards of performance for new USTs ....................................................... Env-Wm 1401.21(a–c),(e–h), and (j–k).
Env-Wm 1401.22(a–d), (f–g), and (i–j).
Env-Wm 1401.23(a).
Env-Wm 1401.24.
Env-Wm 1401.25(b–n).
Env-Wm 1401.26(c) and (d).
Env-Wm 1401.27(b).
Env-Wm 1401.28.
Env-Wm 1401.33(a), (c–e).
Env-Wm 1401.36(a–e), and (i).
Env-Wm 1401.38(b).

H. Where Are the Revised Rules containment and leak monitoring to be high level visual and audible alarm or
Different From the Federal Rules? permanently closed. Any part of an with a device that will automatically
We consider the following State existing single wall UST system that and completely shut off flow into the
requirements to be more stringent than routinely contains a regulated substance tank when the tank is no more than 95%
the Federal requirements and they are without secondary containment and full and [1401.25(l) and (m)] when
part of New Hampshire’s approved leak monitoring, except for vent piping, product is pumped to a new UST
program and are Federally enforceable. must be permanently closed by system or any new UST system receives
• New Hampshire requires the December 22, 2015. a delivery without a tight fill
operator of an UST facility to conduct • New Hampshire requires dispenser connection, the new UST systems must
inventory monitoring of each UST and sumps installed beneath each dispenser only be equipped with a high level
to maintain separate records for each to be provided with continuous leak visual and audible overfill alarm.
tank and interconnected system, unless detection monitoring by the piping [1401.25(k)] All new high level alarms
the secondary containment of the UST sump sensor or equipped with a sump must have both visual and audible
is continuously monitored for both sensor. All piping and dispenser sumps alarms, be clearly labeled as a tank
regulated substance and water. must be maintained free of liquid and overfill alarm, and be clearly visible and
Inventory records for single-wall USTs debris, be liquid-tight, have liquid-tight audible to the transfer operator.
must be recorded on a form obtained penetration fittings for all sump entries, • New Hampshire requires the
from the Department of Environmental and be able to respond to small certified tank installer to perform a
Services or another representative motor accumulations of liquids within the piping pressure test on the vent piping
fuel and bulk storage fuel oil inventory sumps. after installation and prior to backfill
form, which process all of the required • New Hampshire requires spill and to test all installed sumps for
data using an automatic tank gauge containment equipment installed with tightness. The test results must be
monitor and computer software. When drain valves on UST systems that store provided to the Department and owner
the Department has determined that gasoline to have the valve replaced at the time of the backfill inspection of
inventory monitoring has not been annually or be permanently sealed. the system.
conducted, the owner must perform a • New Hampshire [1401.25(i)] • New Hampshire requires a concrete
tightness test on the UST system within requires all new and replacement pad having positive limiting barriers to
30 days of the determination. overfill protection devices be installed be constructed and maintained so as to
• New Hampshire requires all
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to allow access for inspection of proper contain a volume of at least five gallons
regulated metal UST systems, except operation. By February 1, 2006, for each dispenser.
vent piping, without corrosion [1401.25(j)] all existing UST systems • New Hampshire requires new spill
protection and all hazardous substance with suction piping and an air containment equipment to be tested for
UST systems without secondary eliminator must be equipped with a tightness and the results to be submitted

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58524 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations

to the Department at the time of cover storm water runoff from UST direct effects on one or more Indian
inspection and to the owner within 30 facilities; therefore, in this regard, the tribes, on the relationship between the
days of the test. New Hampshire program is broader in Federal Government and Indian tribes,
• New Hampshire no longer allows scope than the Federal Program. or on the distribution of power and
groundwater or soil gas vapor responsibilities between the Federal
monitoring to be installed as a release I. Administrative Requirements
Government and Indian tribes). 8.
detection mechanism. This action will only approve state Executive Order 13045: Protection of
• New Hampshire requires all new underground storage tank program Children from Environmental Health &
metal vent piping to be protected from requirements pursuant to RCRA section Safety Risks: This action is not subject
corrosion. 9004 and imposes no requirements to EO 13045 (62 FR 19885, April 23,
• New Hampshire requires all new other than those imposed by state law 1997) because it is not economically
sumps to be tested for tightness within (see SUPPLEMENTARY INFORMATION). significant and it is not based on health
30 days from installation and the results Therefore, this action complies with or safety risks. 9. Executive Order
to be submitted to the Department no applicable executive orders and 13211: Actions that Significantly Affect
later than 30 days after the date of the statutory provisions as follows: Energy Supply, Distribution, or Use:
test. 1. Executive Order (EO) 12866: This action is not subject to EO 13211
• New Hampshire requires single Regulatory Planning Review: The Office (66 FR 28355, May 22, 2001) because it
wall UST systems, with the exception of of Management and Budget has is not a significant regulatory action as
vent piping, that discharge, leak, spill, exempted this action from the defined in EO 12866. 10. National
or release a regulated substance to the requirements of Executive Order 12866 Technology Transfer and Advancement
environment to be permanently closed. (58 FR 51735, October 4, 1993), and Act: EPA approves State programs as
New Hampshire’s regulations contain therefore this action is not subject to long as they meet criteria required by
requirements that are broader in scope review by OMB. 2. Paperwork RCRA, so it would be inconsistent with
than the Federal program which are not Reduction Act: This action does not applicable law for EPA, in its review of
part of the program being approved by impose an information collection a State program, to require the use of
today’s action. EPA cannot enforce these burden under the Paperwork Reduction any particular voluntary consensus
broader in scope requirements. Act of 1995 (44 U.S.C. 3501 et seq.). 3. standard in place of another standard
Although compliance with these Regulatory Flexibility Act: After that otherwise meets the requirements
provisions is required under New considering the economic impacts of of RCRA. Thus, the requirements of
Hampshire law, they are not Federal today’s action on small entities under Section 12(d) of the National
RCRA requirements. Such provisions the Regulatory Flexibility Act (5 U.S.C. Technology Transfer and Advancement
include, but are not limited to, the 601 et seq.), I certify that this action will Act (15 U.S.C. 272 note) does not apply
following: not have a significant economic impact to this action. 11. As required by section
• New Hampshire’s regulations on a substantial number of small 3 of Executive Order 12988 (61 FR 4729,
reference compliance with stage I and entities. 4. Unfunded Mandates Reform February 7, 1996), in issuing this rule,
stage II requirements in Env-Wm 1404, Act: Because this action approves pre- EPA has taken the necessary steps to
‘‘Volatile Organic Compounds (VOCs): existing requirements under state law eliminate drafting errors and ambiguity,
Gasoline Dispensing Facilities, Bulk and does not impose any additional minimize potential litigation, and
Gasoline Plants, and Cargo Trucks,’’ enforceable duty beyond that required provide a clear legal standard for
when applying for a permit to operate, by state law, it does not contain any affected conduct. 12. EPA has complied
when transferring gasoline, and when unfunded mandate or significantly or with Executive Order 12630 (53 FR
placing back into service temporarily uniquely affect small governments, as 8859, March 18, 1988) by examining the
closed UST systems. The Federal RCRA described in the Unfunded Mandates takings implications of the rule in
program does not cover stage I and stage Reform Act of 1995 (Public Law 104–4). accordance with the ‘‘Attorney
II requirements; therefore, in this regard, 5. For the same reason, this action also General’s Supplemental Guidelines for
the New Hampshire program is broader does not significantly or uniquely affect the Evaluation of Risk and Avoidance of
in scope than the Federal Program. the communities of Tribal governments, Unanticipated Takings’’ issued under
• New Hampshire requires all new as specified by Executive Order 13175 the executive order.
UST sites to be located no closer than (65 FR 67249, November 9, 2000). 6. Congressional Review Act: EPA will
500 feet from a public water system well Executive Order 13132: Federalism: submit a report containing this rule and
for all gasoline UST systems; at least This action will not have substantial other information required by the
400 feet from a public water supply well direct effects on the States, on the Congressional Review Act (5 U.S.C. 801
for all regulated substances except relationship between the national et seq.) to the U.S. Senate, the U.S.
gasoline; at least 250 feet from a non- government and the States, or on the House of Representatives, and the
pubic water supply well for all gasoline distribution of power and Comptroller General of the United
UST systems; and at least 75 feet from responsibilities among the various States prior to publication in the
a non-public water supply well for all levels of government, as specified in Federal Register. A major rule cannot
regulated substances except gasoline. Executive Order 13132 (64 FR 43255, take effect until 60 days after it is
The Federal RCRA program does not August 10, 1999) because it merely published in the Federal Register. This
cover the siting of UST systems; approves state requirements as part of action is not a ‘‘major rule’’ as defined
therefore, in this regard, the New the State UST program without altering by 5 U.S.C. 804(2). Nevertheless, to
Hampshire program is broader in scope the relationship or the distribution of allow time for public comment, this
than the Federal Program. power and responsibilities established action will be effective on December 4,
• New Hampshire does not allow by RCRA. 7. Executive Order 13175: 2006.
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storm water runoff from UST facilities Consultation and Coordination with
to be discharged to the subsurface, and Indian Tribal Governments: This action List of Subjects in 40 CFR Part 281
storm water must not be directed to flow is not subject to EO 13175 (65 FR 67249, Environmental protection,
over any tank pad or dispensing pad. November 9, 2000) because it will not Administrative practice and procedures,
The Federal RCRA program does not have tribal implications (i.e., substantial Hazardous substances,

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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations 58525

Intergovernmental relations, Reporting are the result of combustion of less than www.regulations.gov or in hard copy at
and recordkeeping requirements. 1,000 pounds of nitrogen oxide and less the Superfund Docket, EPA/DC, EPA
Authority: This document is issued under than 1,000 pounds of nitrogen dioxide West, Room B102, 1301 Constitution
the authority of section 9004 of the Resource to the air in 24 hours. These may also Ave., NW., Washington, DC. The Public
Conservation and Recovery Act, as amended, include emissions from detonation or Reading Room is open from 8:30 a.m. to
42 U.S.C. 6991c. processes that include both combustion 4:30 p.m., Monday through Friday,
Dated: September 20, 2006. and non-combustion operations, such as excluding legal holidays. The telephone
Robert W. Varney, nitric acid production. This number for the Public Reading Room is
Regional Administrator, EPA Region I.
administrative reporting exemption is (202) 566–1744, and the telephone
protective of human health and the number for the Superfund Docket is
[FR Doc. E6–16375 Filed 10–3–06; 8:45 am]
environment and consistent with the (202) 566–0276.
BILLING CODE 6560–50–P
Agency’s goal to reduce unnecessary
reports given that the levels for which Note: The EPA Docket Center suffered
the Clean Air Act regulates nitrogen damage due to flooding during the last week
ENVIRONMENTAL PROTECTION of June 2006. The Docket Center is
oxides are considerably higher than 10
AGENCY continuing to operate. However, during the
pounds. In addition, the Agency
cleanup, there will be temporary changes to
40 CFR Parts 302 and 355 believes that the information gained
Docket Center telephone numbers, addresses,
through submission of the reports for and hours of operation for people who wish
[EPA–HQ–SFUND–2003–0022; FRL–8227–7] those exempted releases would not to visit the Public Reading Room to view
RIN 2050–AF02 contribute significantly to the data that documents. Consult EPA’s Federal Register
are already available through the notice at 71 FR 38147 (July 5, 2006) or the
Administrative Reporting Exemption permitting process to the government EPA Web site at www.epa.gov/epahome/
for Certain Air Releases of NOX (NO and the public. dockets.htm for current information on
and NO2) DATES: This final rule is effective on docket status, locations and telephone
AGENCY: Environmental Protection November 3, 2006. numbers.
Agency (EPA). ADDRESSES: EPA has established a
docket for this action under Docket ID FOR FURTHER INFORMATION CONTACT:
ACTION: Final rule. Lynn Beasley, Regulation and Policy
No. EPA–HQ–SFUND–2003–0022. All
SUMMARY: The Environmental Protection documents in the docket are listed on Development Division, Office of
Agency is issuing a final rule that will the www.regulations.gov Web site. Emergency Management, Office of Solid
reduce reporting burdens under the Although listed in the index, some Waste and Emergency Response
Comprehensive Environmental information is not publicly available, (5104A), Environmental Protection
Response, Compensation, and Liability e.g., CBI or other information whose Agency, 1200 Pennsylvania Ave., NW.,
Act of 1980, as amended, and the disclosure is restricted by statute. Washington, DC 20460; telephone
Emergency Planning and Community Certain other material, such as number: (202) 564–1965; fax number:
Right-to-Know Act, also known as Title copyrighted material, is not placed on (202) 564–2625; e-mail address:
III of the Superfund Amendments and the Internet and will be publicly beasley.lynn@epa.gov.
Reauthorization Act. available only in hard copy form.
SUPPLEMENTARY INFORMATION:
In this rule, EPA broadens the existing Publicly available docket materials are
reporting exemptions for releases that available either electronically through A. Does This Action Apply to Me?

Type of entity Examples of affected entities

Industry ............................................................... Application of this rule should result in a reduction to your reporting burden—persons in
charge of vessels or facilities that may release nitrogen oxide (NO) or nitrogen dioxide (NO2)
or both (NOX) to the air that is the result of combustion and combustion-related activities.
State, Local, or Tribal Governments .................. State and Tribal Emergency Response Commissions, and Local Emergency Planning Commit-
tees.
Federal Government ........................................... National Response Center and any Federal agency that may release NOX.

This table is not intended to be listed in the preceding FOR FURTHER B. Support for Expanding Continuous
exhaustive, but rather provides a guide INFORMATION CONTACT section. Release Reporting in Addition to
Proposed Exemption
for readers regarding entities likely to be B. Outline of This Preamble 1. Simplify Continuous Release Initial
regulated by this action. This table lists Release Notification
the types of entities that EPA is now The contents of this preamble are 2. Clarify Continuous Release Reporting
aware could potentially be regulated by listed in the following outline: Requirements
this action. Other types of entities not I. Introduction C. Support to Increase Level of the
A. What is the Statutory Authority for this Exemption
listed in the table could also be
Rulemaking? 1. Support a Number Larger than 1,000
regulated. To determine whether your B. What is the Background For this Pounds
facility is regulated by this action, you Rulemaking? 2. Increase RQ for Combustion-Related
should carefully examine the criteria in C. Which NO and NO2 Releases Are Exemption to 5,000 Pounds
section I.C of this final rule preamble Administratively Exempt From the 3. Raise or Eliminate the 1,000 Pound
and the applicability criteria in § 302.6 Reporting Requirements? Reporting Threshold for all Combustion-
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of title 40 of the Code of Federal D. What Are the Changes From the Related Releases
Proposed Rule? D. Request That the Administrative
Regulations. If you have questions II. Response to Comments Reporting Exemption Not Include the
regarding the applicability of this action A. Support for Proposed Reporting Qualifier ‘‘Accidents and Malfunctions’’
to a particular entity, consult the person Exemptions 1. Accidents and Malfunctions

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