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Federal Register / Vol. 71, No.

72 / Friday, April 14, 2006 / Proposed Rules 19467

Number (757) 668–5555 or (757) 484– OAR–2006–0287, by one of the electronically in http://
8192. following methods: www.regulations.gov or in hard copy at
(2) The Coast Guard Representatives 1. http://www.regulations.gov: Follow the Environmental Protection Agency,
enforcing the safety zone can be the on-line instructions for submitting Air Planning and Development Branch,
contacted on VHF–FM 13 and 16. comments. 901 North 5th Street, Kansas City,
(d) Effective date: This regulation is 2. E-mail: algoe-eakin.amy@epa.gov. Kansas. EPA requests that you contact
effective from 9 p.m. to 10 p.m. on June 3. Mail: Amy Algoe-Eakin, the person listed in the FOR FURTHER
30, 2006. Environmental Protection Agency, Air INFORMATION CONTACT section to
Dated: April 4, 2006.
Planning and Development Branch, 901 schedule your inspection. The
North 5th Street, Kansas City, Kansas interested persons wanting to examine
Robert R. O’Brien, Jr.,
66101. these documents should make an
Captain, U.S. Coast Guard, Captain of the 4. Hand Delivery or Courier. Deliver
Port, Hampton Roads. appointment with the office at least 24
your comments to: Amy Algoe-Eakin, hours in advance.
[FR Doc. E6–5584 Filed 4–13–06; 8:45 am] Environmental Protection Agency, Air
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4910–15–P Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas Amy Algoe-Eakin at (913) 551–7942, or
66101. by e-mail at algoe-eakin.amy@epa.gov.
ENVIRONMENTAL PROTECTION Instructions: Direct your comments to SUPPLEMENTARY INFORMATION:
AGENCY Docket ID No. EPA–R07–OAR–2006– Throughout this document whenever
0287. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
40 CFR Part 52 received will be included in the public EPA. This section provides additional
[EPA–R07–OAR–2006–0287; FRL–8158–6] docket without change and may be information by addressing the following
made available online at http:// questions:
Approval and Promulgation of www.regulations.gov, including any What Is the Federal Approval Process for a
Implementation Plans; State of personal information provided, unless SIP?
Missouri the comment includes information What Is Being Addressed in This Document?
claimed to be Confidential Business What Is the Background for EPA’s New
AGENCY: Environmental Protection Information (CBI) or other information Source Review (NSR) Reform Rule?
Agency (EPA). whose disclosure is restricted by statute. What Is Missouri’s NSR Reform Rule and
ACTION: Proposed rule. Do not submit information that you What Action Has Missouri Requested on
the Rule?
SUMMARY: EPA is proposing to approve
consider to be CBI or otherwise
What Is EPA’s Proposed Action on Missouri’s
a State Implementation Plan (SIP) protected through http:// Definition of ‘‘Baseline Area’’?
submission by the state of Missouri www.regulations.gov or e-mail. The Have the Requirements for Approval of a SIP
which revises the Construction Permits http://www.regulations.gov Web site is Revision Been Met?
an ‘‘anonymous access’’ system, which What Action Is EPA Proposing?
Required rule, and we are taking no
means EPA will not know your identity
action on the revisions made to the What Is the Federal Approval Process
or contact information unless you
Emissions Banking and Trading rule. for a SIP?
provide it in the body of your comment.
We propose to approve most of the
If you send an e-mail comment directly In order for state regulations to be
revisions to the Construction Permits
to EPA without going through http:// incorporated into the Federally-
Required rule because the revisions
www.regulations.gov, your e-mail enforceable SIP, states must formally
incorporate, by reference, the Federal
address will be automatically captured adopt the regulations and control
New Source Review reforms, published
and included as part of the comment strategies consistent with state and
in the Federal Register on December 31,
that is placed in the public docket and Federal requirements. This process
2002. In a February 28, 2006, letter from
made available on the Internet. If you generally includes a public notice,
the Missouri Department of Natural
submit an electronic comment, EPA public hearing, public comment period,
Resources, Missouri requested EPA not
recommends that you include your and a formal adoption by a state-
act on certain rule references.
name and other contact information in authorized rulemaking body.
Specifically, Missouri requested EPA
the body of your comment and with any Once a state rule, regulation, or
not act on references to Clean Unit
disk or CD–ROM you submit. If EPA control strategy is adopted, the state
Exemptions, Pollution Control Projects,
cannot read your comment due to submits it to us for inclusion into the
and the record keeping provisions for
technical difficulties and cannot contact SIP. We must provide public notice and
the actual-to-projected-actual emissions
you for clarification, EPA may not be seek additional public comment
projections. Missouri requests no action
able to consider your comment. regarding the proposed Federal action
on these provisions because of the June
Electronic files should avoid the use of on the state submission. If adverse
24, 2005, United States Court of Appeals
special characters, any form of comments are received, they must be
for the District of Columbia Circuit’s
encryption, and be free of any defects or addressed prior to any final Federal
decision, which vacated the Clean Unit
viruses. action by us.
Exemption and Pollution Control Docket. All documents in the All state regulations and supporting
Project provisions and remanded back electronic docket are listed in the http:// information approved by EPA under
to EPA the recordkeeping provisions for www.regulations.gov index. Although section 110 of the Clean Air Act (CAA
the actual-to-projected-actual emissions listed in the index, some information is or Act) are incorporated into the
projections standard for when a source
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not publicly available, e.g., CBI or other Federally-approved SIP. Records of such
must keep certain project related information whose disclosure is SIP actions are maintained in the Code
records. restricted by statute. Certain other of Federal Regulations (CFR) at title 40,
DATES: Comments must be received on material, such as copyrighted material, part 52, entitled ‘‘Approval and
or before May 15, 2006. will be publicly available only in hard Promulgation of Implementation Plans.’’
ADDRESSES: Submit your comments, copy. Publicly available docket The actual state regulations which are
identified by Docket ID No. EPA–R07– materials are available either approved are not reproduced in their

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19468 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules

entirety in the CFR outright but are and air pollution control technology yet responded to the Court’s remand
‘‘incorporated by reference,’’ which program requirements. Briefly, section regarding recordkeeping provisions.
means that we have approved a given 109 of the CAA, 42 U.S.C. 7409, requires
What Is Missouri’s NSR Reform Rule
state regulation with a specific effective EPA to promulgate primary NAAQS to
and What Action Has Missouri
date. protect public health and secondary Requested on the Rule?
What Is Being Addressed in This NAAQS to protect public welfare. Once
EPA sets those standards, states must In this action, we propose approval of
Document? revisions to Missouri rule, 10 CSR 10–
develop, adopt, and submit to EPA for
We are proposing to approve the approval, an SIP that contains emissions 6.060, Construction Permits Required,
Missouri Department of Natural limitations and other control measures into the SIP. This rule incorporates by
Resources’ (MDNR) request to include, to attain and maintain the NAAQS. Each reference the Federal PSD program in 40
as a revision to Missouri’s SIP, SIP is required to contain a CFR 52.21, including the 2002 NSR
amendments to rule 10 CSR 10–6.060, preconstruction review program for the Reform rules described above.
Construction Permits Required, and we construction and modification of any In relevant parts, the Missouri rule
are not acting on the revisions to 10 CSR stationary source of air pollution to excludes the public participation
10–6.410, Emissions Banking and assure that the NAAQS are achieved requirements in § 52.21(q), in favor of
Trading rule. These rules were adopted and maintained; to protect areas of clean the Missouri public participation
by the Missouri Air Conservation air; to protect air quality related values process, previously approved in the SIP,
Commission on August 26, 2004, and (such as visibility) in national parks and in 10 CSR 10–6.060 section (12)(B). The
became effective under state law on other areas; to assure that appropriate Missouri rule retains a number of tables
December 30, 2004. The rules were emissions controls are applied, to and appendices which apply to the
submitted to EPA on February 25, 2005, State’s minor NSR program as well as
maximize opportunities for economic
and the submission included comments the PSD program. These include
development consistent with the
on the rules made during the state’s provisions on innovative control
preservation of clean air resources; and
adoption process, the state’s response to technologies (Appendix E), exclusion
to ensure that any decision to increase
comments and other information from increment consumption (Appendix
air pollution is made only after full
necessary to meet EPA’s completeness G), and air quality models (Appendix F).
public consideration of the
criteria. For additional information on To the extent that these provisions or
consequences of the decisions.
completeness criteria, the reader should similar provisions are addressed by
refer to 40 CFR part 51, appendix V. The 2002 NSR Reform rules made § 52.21, the provisions of § 52.21
changes to five areas of the NSR supersede the state provisions for
What Is the Background for EPA’s New programs. In summary, the 2002 rules: purposes of the PSD program. Other
Source Review (NSR) Reform Rule? (1) Provide a new method for provisions, such as the permit fee
The 2002 NSR Reform rules are part determining baseline actual emissions; provisions in Appendix (A) of 10 CSR
of EPA’s implementation of Parts C and (2) adopt an actual-to-projected-actual 10–6.060, which are not addressed by
D of title I of the CAA, 42 U.S.C. 7470– methodology for determining whether a § 52.21, remain in effect.
7515. Part C of title I of the CAA, 42 major modification has occurred; (3) Missouri’s rule was adopted prior to
U.S.C. 7470–7492, is the Prevention of allow major stationary sources to the New York decision described above
Significant Deterioration (PSD) program, comply with plantwide applicability so it included the vacated and
which applies in areas that meet the limits (PALs) to avoid having a remanded provisions of EPA’s rule.
National Ambient Air Quality Standards significant emission increase that However, Missouri requested in a
(NAAQS), also known as, ‘‘attainment triggers the requirements of the major February 28, 2006, letter that EPA not
areas’’ and in areas for which there is NSR program; (4) provide a new act on the PCP, Clean Unit Exemption
insufficient information to determine applicability provision for emissions provisions, and the reasonable
whether the area meets the NAAQS, units that are designated clean units; possibility provision in the
also known as, ‘‘unclassifiable’’ areas. and (5) exclude pollution control recordkeeping provisions for the actual-
Part D of Title I of the CAA, 42 U.S.C. projects (PCPs) from the definition of to-projected-actual emissions
7501–7515, is the nonattainment New physical change or change in the projections applicability test. Missouri
Source Review (NNSR) program, which method of operation. has also clarified that they commit to
applies in areas that are not in After the 2002 NSR Reform rules were following EPA’s definition of
attainment of the NAAQS, also known finalized and effective, various ‘replacement unit’ and will follow
as, ‘‘nonattainment areas.’’ Collectively, petitioners challenged numerous EPA’s clarification of how baseline
the PSD and NNSR programs are aspects of the 2002 NSR Reform rules, emissions for PALs will be calculated
referred to as the ‘‘New Source Review’’ along with portions of EPA’s 1980 NSR (these clarifications to the EPA’s rules
or NSR programs. EPA regulations rules (45 FR 5276 August 7, 1980). On were promulgated after the
implementing these programs are June 24, 2005, the District of Columbia incorporation by reference date in the
contained in 40 CFR 51.165, 51.166, Court of Appeals issued a decision on Missouri rule). When Missouri updates
52.21 52.24 and part 51, appendix S. the challenges to the 2002 NSR Reform the Construction Permits Required rule,
The Missouri rules which are the Rules. New York v. United States, 413 10 CSR 10–6.060, Missouri commits to
subject of this proposal address the Part F.3d (DC Cir. 2005). In summary, the incorporating EPA’s definition of
C requirements for attainment and Court of Appeals for the District of replacement unit by reference and will
unclassifiable areas. Columbia vacated portions of the rules include EPA’s clarification of how
hsrobinson on PROD1PC61 with PROPOSALS

The CAA NSR programs are pertaining to clean units and pollution baseline emissions for PALs are to be
preconstruction review and permitting control projects, remanded a portion of calculated.
programs applicable to new and the rules regarding exemption from We are taking no action on these
modified stationary sources of air recordkeeping, e.g., 40 CFR 52.21(r)(6) provisions and on revisions to rule 10
pollutants regulated under the CAA. and 40 CFR 51.166(r)(6), and let stand CSR 6.410, Emissions Banking and
The NSR programs of the CAA include the other provisions included as part of Trading, because the only revision to
a combination of air quality planning the 2002 NSR Reform rules. EPA has not this rule was a change to prevent

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Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules 19469

sources from generating Early Reduction purposes. While Missouri works to impose a new Federal requirement.
Credits from Pollution Control Projects revise the rule, Missouri commits to Therefore, the Administrator certifies
(PCPs) that take advantage of the PCP implementing the baseline area that this proposed disapproval action
exclusion provisions in EPA’s NSR definition consistent with all Federal does not have a significant impact on a
Reform rules. Since the PCP exclusion regulations and will ensure that the air substantial number of small entities
was vacated and we are not acting on it, quality increment analysis for permit under the Regulatory Flexibility Act (5
as it relates to Missouri rule 10 CSR 10– applications complies with all Federal U.S.C. 601 et seq.). Because this rule
6.060, we are not acting upon the and state requirements. proposes to approve pre-existing
revision to Missouri rule 10 CSR 10– requirements under state law and does
Have the Requirements for Approval of
6.410. not impose any additional enforceable
The remaining rule revisions being an SIP Revision Been Met?
duty beyond that required by state law,
proposed are approvable because The state submittal has met the public it does not contain any unfunded
Missouri incorporated the December 31, notice requirements for SIP submissions mandate or significantly or uniquely
2002, New Source Review reform in accordance with 40 CFR 51.102. The affect small governments, as described
regulation found in 40 CFR 52.21 by submittal also satisfied the in the Unfunded Mandates Reform Act
reference. We also note that Missouri completeness criteria of 40 CFR part 51, of 1995 (Pub. L. 104–4).
clarified section (9)(C)1 of the appendix V. In addition, as explained This proposed rule also does not have
Construction Permits Required rule. below and in more detail in the tribal implications because it will not
Section 9 outlines Hazardous Air technical support document that is part have a substantial direct effect on one or
Pollutant permit requirements which of this document, EPA believes that the more Indian tribes, on the relationship
are exempt from hazardous air pollutant revisions meet the substantive SIP between the Federal Government and
permit requirements unless they are requirements of the CAA, including Indian tribes, or on the distribution of
listed on the source category list section 110 and implementing power and responsibilities between the
established in accordance with section regulations. Federal Government and Indian tribes,
112(c) of the CAA. We are taking no What Action Is EPA Proposing? as specified by Executive Order 13175
action on including revisions to Section (65 FR 67249, November 9, 2000). This
9, because Section 9 addresses We propose to approve revisions to action also does not have federalism
hazardous air pollutants under Section Missouri rule, 10 CSR 10–6.060, implications because it does not have
112 and is not presently in the SIP. Construction Permits Required. Per substantial direct effects on the States,
Missouri’s request, we are taking no on the relationship between the
What Is EPA’s Proposed Action on action on Clean Unit Exemptions, National Government and the States, or
Missouri’s Definition of ‘‘Baseline Pollution Control Projects, and the on the distribution of power and
Area’’? record keeping provisions for the actual- responsibilities among the various
Missouri’s initial NSR reform to-projected-actual emissions levels of government, as specified in
submission, which largely incorporates projections. We are not acting on Executive Order 13132 (64 FR 43255,
40 CFR 52.21 by reference, retained the revisions to Missouri rule 10 CSR 10– August 10, 1999). This action merely
state’s own definition of ‘‘baseline area’’ 6.410, Emissions Banking and Trading, proposes to approve a state rule
for purposes of section (1)(A)1. because the only revision made to the implementing a Federal standard, and
Additionally, Missouri requested in the rule involves Pollution Control Projects. does not alter the relationship or the
February 28, 2006, letter that we distribution of power and
Statutory and Executive Order Reviews
approve the Construction Permits responsibilities established in the CAA.
Required rule and retain Missouri’s Under Executive Order 12866 (58 FR This proposed rule also is not subject to
definition of baseline area in section 51735, October 4, 1993), this proposed Executive Order 13045 ‘‘Protection of
(1)(A)1. Missouri acknowledges that the action is not a ‘‘significant regulatory Children from Environmental Health
current Construction Permits Required action’’ and therefore is not subject to Risks and Safety Risks’’ (62 FR 19885,
rule does not contain the statement, review by the Office of Management and April 23, 1997), because it is not
‘‘designated as attainment or classifiable Budget. For this reason, this action is economically significant.
under section 107(d)(1)(D) or (E) of the also not subject to Executive Order In reviewing SIP submissions, EPA’s
Act consistent with the Federal 13211, ‘‘Actions Concerning Regulations role is to approve state choices,
definition of ‘‘baseline area.’’ We had That Significantly Affect Energy Supply, provided that they meet the criteria of
previously approved this definition of Distribution, or Use’’ (66 FR 28355, May the CAA. In this context, in the absence
baseline area with the specification that 22, 2001). This proposed action merely of a prior existing requirement for the
Missouri redesignate the areas of proposes to approve state law as State to use voluntary consensus
significant impact as the baseline area meeting Federal requirements and standards (VCS), EPA has no authority
(proposed rule, 47 FR 7696, and final imposes no additional requirements to disapprove an SIP submission for
rule, 47 FR 26833). Missouri must make beyond those imposed by state law. failure to use VCS. It would thus be
area-specific designation requests and Accordingly, the Administrator certifies inconsistent with applicable law for
EPA must approve the redesignation of that the proposed approvals in this EPA, when it reviews an SIP
the area before Missouri could establish proposed rule will not have a significant submission, to use VCS in place of an
new baseline areas under its rule. economic impact on a substantial SIP submission that otherwise satisfies
Missouri commits to revising the number of small entities under the the provisions of the CAA. Thus, the
‘‘baseline area’’ definition to clarify it Regulatory Flexibility Act (5 U.S.C. 601 requirements of section 12(d) of the
hsrobinson on PROD1PC61 with PROPOSALS

will redesignate the areas of significant et seq.). The proposed partial National Technology Transfer and
impact as baseline areas according to disapproval will not affect any existing Advancement Act of 1995 (15 U.S.C.
section 107(d)(1)(D) or (E) of the CAA. state requirements applicable to small 272 note) do not apply. This proposed
Missouri will submit these entities. Federal disapproval of the state rule does not impose an information
redesignations to EPA for formal submittal does not affect its state- collection burden under the provisions
approval before the new baseline area enforceability. Moreover, EPA’s partial of the Paperwork Reduction Act of 1995
can be used for PSD permitting disapproval of the submittal does not (44 U.S.C. 3501 et seq.).

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19470 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules

List of Subjects in 40 CFR Part 52 immediate final rule. However, the and cannot contact you for clarification,
Environmental protection, Air authorization of program changes that EPA may not be able to consider your
pollution control, Carbon monoxide, are not opposed by any comments will comment. Electronic files should avoid
Incorporation by reference, become effective on the date established the use of special characters and any
Intergovernmental relations, Lead, in the immediate final rule. A Federal form of encryption, and be free of any
Nitrogen dioxide, Ozone, Particulate Register withdrawal document will defects or viruses. For additional
matter, Reporting and recordkeeping specify which part of the authorization information about EPA’s public docket
requirements, Sulfur oxides, Volatile will become effective and which part is visit the EPA Docket Center homepage
organic compounds. being withdrawn. EPA may not provide at http://www.epa.gov/epahome/
further opportunity for comment. Any dockets.htm.
Dated: April 7, 2006. parties interested in commenting on this Docket: All documents in the docket
James B. Gulliford, action must do so at this time. EPA is are listed in the http://
Regional Administrator, Region 7. also proposing to make corrections to www.regulations.gov index. Although
[FR Doc. 06–3593 Filed 4–13–06; 8:45 am] the table included in the authorization listed in the index, some information is
BILLING CODE 6560–50–P Federal Register document for not publicly available, e.g., CBI or other
Washington published on October 12, information whose disclosure is
1999. restricted by statute. Certain other
ENVIRONMENTAL PROTECTION material, such as copyrighted material,
DATES: Send your written comments by
AGENCY will be publicly available only in hard
May 15, 2006.
40 CFR Part 271 ADDRESSES: Submit your comments, copy. Publicly available docket
identified by EPA–R10–RCRA–2006– materials are available either
[FRL–8158–3] 0087 by one of the following methods: electronically in http://
1. Federal eRulemaking Portal: www.regulations.gov or in hard copy
Washington: Final Authorization of during normal business hours at the
http://www.regulations.gov. Follow the
State Hazardous Waste Management U.S. Environmental Protection Agency,
on-line instructions for submitting
Program Revisions Region 10 Library, 1200 Sixth Avenue,
comments.
AGENCY: Environmental Protection 2. E-mail: Seattle, Washington, 98101. This Docket
Agency (EPA). kocourek.nina@epamail.epa.gov. Facility is open to the public from 9 to
ACTION: Proposed rule. 3. Fax: (206) 553–8509. 11:30 a.m. and from 1 to 4 p.m. Monday
4. Mail: Nina Kocourek, U.S. EPA, through Friday, excluding legal
SUMMARY: During a review of Region 10, Office of Air, Waste and holidays. The library telephone number
Washington’s regulations, EPA Toxics, 1200 Sixth Avenue, Mail Stop is (206) 553–1289. Additionally, hard
identified a variety of State-initiated AWTB122, Seattle, Washington 98101. copies are available from the
changes to Washington’s hazardous Instructions: Direct your comments to Washington Department of Ecology, 300
waste program under the Resource EPA–10–RCRA–2006–0087. EPA’s Desmond Drive, Lacey, WA 98503,
Conservation and Recovery Act, as policy is that all comments received contact, Patricia Hervieux at (360) 407–
amended, (RCRA) for which the State will be included in the public file 6756.
had not previously sought without change and may be made
FOR FURTHER INFORMATION CONTACT:
authorization. EPA proposes to available online at http://
Nina Kocourek, U.S. EPA, Region 10,
authorize the State for the program www.regulations.gov, including any
Office of Air, Waste and Toxics, 1200
changes. In the ‘‘Rules and Regulations’’ personal information provided, unless
Sixth Avenue, Mail Stop AWT–122,
section of this Federal Register, EPA is the comment includes information
Seattle, Washington 9810, phone
authorizing the revisions by an claimed to be Confidential Business
number: (206) 553–6502, e-mail:
immediate final rule. EPA did not make Information (CBI) or other information
kocourek.nina@epa.gov; or Patricia
a proposal prior to the immediate final whose disclosure is restricted by statute.
Hervieux, Washington Department of
rule because we believe this action is Do not submit information that you
Ecology, 300 Desmond Drive, Lacey,
not controversial and do not expect consider to be CBI or otherwise
WA 98503; phone number: (360) 407–
comments that oppose it. We have protected through http://
6756, e-mail: pher461@ecy.wa.gov.
explained the reasons for this www.regulations.gov or e-mail. The
authorization in the preamble to the http://www.regulations.gov Web site is SUPPLEMENTARY INFORMATION: For
immediate final rule. Unless we receive an ‘‘anonymous access’’ system which additional information, please see the
written comments that oppose this means that EPA will not know your immediate final rule published in the
authorization during the comment identity or contact information unless ‘‘Rules and Regulations’’ section of this
period, the immediate final rule will you provide it in the body of your Federal Register.
become effective on the date it comment. If you send an e-mail List of Subjects in 40 CFR Part 271
establishes, and we will not take further comment directly to EPA without going
action on this proposal. If we receive through http://www.regulations.gov, Environmental protection,
comments that oppose this your e-mail address will be Administrative practice and procedure,
authorization, EPA will publish a automatically captured and included as Confidential business information,
document in the Federal Register part of the comment that is placed in the Hazardous materials transportation,
withdrawing the immediate final rule public file and made available on the Hazardous waste, Indians-lands,
hsrobinson on PROD1PC61 with PROPOSALS

before it takes effect. EPA will then Internet. If you submit an electronic Intergovernmental relations, Penalties,
address public comments in a later final comment, EPA recommends that you Reporting and recordkeeping
rule based on this proposal. If we include your name and other contact requirements.
receive comments that oppose only the information in the body of your Authority: This action is issued under the
authorization of a particular change to comment and with any disk or CD–ROM authority of sections 2002(a), 3006 and
the State hazardous waste program, we you submit. If EPA cannot read your 7004(b) of the Solid Waste Disposal Act, as
will withdraw that part of the comment due to technical difficulties amended, 42 U.S.C. 6912(a), 6926, 6974(b).

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