[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74988-74991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30349]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-LACH-19666; PPPWNOCAM3 PPMOMFO1Z.F00000]
RIN 1024-AE09
Special Regulations, Areas of the National Park System, Lake
Chelan National Recreation Area, Solid Waste Disposal
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service is authorizing a solid waste
transfer station near Stehekin, Washington, within the boundary of Lake
Chelan National Recreation Area, that does not meet all the siting
criteria of the general National Park Service regulations and accepts
solid waste generated within the boundary of the recreation area from
non-National Park Service activities.
DATES: This rule is effective December 31, 2015.
FOR FURTHER INFORMATION CONTACT: Kerri L. Cook, Facility Operations
Specialist, National Park Service, North Cascades National Park
Complex, 810 State Route 20, Sedro-Woolley, WA 98284; (360) 854-7280.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On December 22, 1994, the National Park Service (NPS) adopted
regulations codified at 36 CFR part 6 to implement a statutory
requirement of Public Law 98-506 (54 U.S.C. 100903) (Act), which was
enacted in 1984. The Act prohibits the operation of a solid waste
disposal site within the boundary of any unit of the National Park
System except for those operating as of September 1, 1984, or those
``used only for disposal of wastes generated within that unit of the
park system so long as such site will not degrade any of the natural or
cultural resources of such park unit.'' The Act directed the Secretary
of the Interior to promulgate regulations ``to carry out the provisions
of this subsection, including reasonable regulations to mitigate the
adverse effects of solid waste disposal sites in operation as of
September 1, 1984, upon property of the United States.''
The general regulations at 36 CFR part 6 ordinarily control both
existing and new solid waste disposal sites within the boundaries of
any unit of the National Park System to ensure that operation of such
sites will not degrade the natural or cultural resources of the park
unit. Transfer stations are included in the definition of ``solid waste
disposal site'' in Sec. 6.3 and are therefore subject to 36 CFR part
6.
Section 6.4(a) prohibits any person (including NPS) from operating
a new solid waste disposal site within the boundaries of a park unit
unless the criteria in Sec. 6.4(a) are met. Section 6.4(a)(1) requires
that the solid waste handled by the site is generated solely from
``National Park Service activities,'' defined in Sec. 6.3 as
``operations conducted by the National Park Service or a National Park
Service contractor, concessionaire or commercial use licensee.''
Section 6.4(a)(9) requires that ``the site is not located within one
mile of a National Park Service visitor center, campground, ranger
station, entrance station, or similar public use facility, or a
residential area.'' Section 6.4(a)(10) requires that the site is not
detectable by public sight, sound, or odor from a scenic vista, a
public use facility, a designated or proposed wilderness area, a site
listed on (or eligible for listing on) the National Register of
Historic Places, or a public road. Section 6.8(a) prohibits the NPS
from accepting waste at an NPS operated solid waste disposal site,
except for waste generated by NPS activities.
Final Rule
The NPS is promulgating a park-specific regulation in 36 CFR 7.62
to authorize a limited exception to the general regulations described
above. The rule authorizes an NPS transfer station on federal lands
near Stehekin,
[[Page 74989]]
Washington, within the boundary of Lake Chelan National Recreation Area
(LACH or park), that does not satisfy all of the siting requirements in
part 6 and that accepts non-NPS waste generated by the Stehekin
community. The need for this regulation is explained below.
Stehekin is a remote community of approximately 75 year-round, plus
80 seasonal, residents located on privately owned land within the
statutory boundary of LACH. Stehekin is located at the head of 55-mile-
long Lake Chelan and is accessible only by boat, float plane, or foot
trail. Non-NPS services and facilities in Stehekin include seasonal
lodging, food operations, and other small businesses that help support
35,000-45,000 park visitors annually. The NPS operates the only
facility in the Stehekin Valley for the management of solid waste.
Waste consolidated at the NPS transfer station is shipped by barge 55
miles down the lake for ultimate disposal. The geographically isolated
private residents and businesses in Stehekin have no feasible method of
properly disposing solid waste other than at the NPS transfer station.
Consequently, the NPS has for many years accepted Stehekin community
waste in its transfer station to deter small dumps on private lands and
illegal dumping on public lands. Although the Act does not prohibit the
NPS from receiving Stehekin waste, this waste does not qualify as waste
generated from ``National Park Service activities'' under the existing
regulations, so the current practice of accepting waste from Stehekin
at the existing NPS transfer station conflicts with 36 CFR 6.8(a).
The existing NPS transfer station is located within the 100-year
floodplain and is part of a larger maintenance facility that is being
relocated outside of the Stehekin River floodplain due to frequent
flooding.\1\ The NPS seeks to build a new transfer station at the site
of the new maintenance facility in a more environmentally suitable
location within LACH and outside the 100-year floodplain. The NPS has
determined that there is no available or suitable nonfederal land, and
a limited amount of buildable federal land, outside the floodplain in
the lower Stehekin River valley.\2\ The NPS has also determined that,
due to geographic constraints, there are no suitable locations for the
new transfer station that comply with the site location requirements in
Sec. 6.4(a)(9) and (10). Specifically, like the existing maintenance
facility and transfer station, the proposed site of the new transfer
station: (i) Is located within one mile of a campground (Harlequin
Campground) and residential housing; (ii) will likely be visible from
scenic vistas and off-trail areas in designated wilderness areas; (iii)
may be heard from a campground (Harlequin Campground); and (iv) may be
detectable by sight, sound, or odor from a road open to public travel.
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\1\ For more information about flooding in the Stehekin River
Channel Migration Zone and plans to move the existing maintenance
facility, see the Stehekin River Corridor Implementation Plan and
Final Environmental Impact Statement (FEIS) which can be viewed at
the park's planning Web site, http://www.nps.gov/noca/parkmgmt/planning.htm, then click on the link entitled ``Stehekin River
Corridor Implementation Plan/Environmental Impact Statement
(2012).''
\2\ See the Replacement of Administrative Facilities at Stehekin
Environmental Assessment that tiers off the 2012 FEIS and
specifically evaluates what facilities would be constructed and
precisely where they would be located. This document can be viewed
at http://parkplanning.nps.gov/SMFRP by clicking on ``Document
List.''
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The NPS has determined that in these unique circumstances, it will
best protect park resources to allow the NPS transfer station, whether
at the existing or proposed location, to accept waste generated by the
community of Stehekin, notwithstanding the prohibition on accepting
non-NPS waste in Sec. Sec. 6.4(a)(1) and 6.8(a) and the siting
criteria in Sec. 6.4(a)(9) and (10). Due to its geographic isolation,
the community of Stehekin has no environmentally responsible or
practicable alternative for the disposal of its waste, much of which is
generated by the provision of essential services to thousands of park
visitors each year. Prohibiting this community from using the existing
or proposed NPS transfer station could result in the illegal disposal
of waste on park lands, or other disposal practices which would degrade
the natural resources of LACH. In this exceptional situation, accepting
non-NPS-generated waste for transfer and ultimate disposal outside the
park boundary will pose significantly fewer environmental land use
concerns than other alternatives. This determination is supported by
the analysis contained in the November 2014 Replacement of
Administrative Facilities at Stehekin Environmental Assessment (EA) and
the August 2015 Finding of No Significant Impact (FONSI), which examine
the environmental impacts of the continued operation of the existing
NPS transfer station and the construction and operation of the new
transfer station, which will employ contemporary environmental methods
for handling waste.
The NPS promulgates a special regulation to authorize an exception
to a prohibition found in a general regulation only in limited
circumstances. The only other exceptions to the part 6 requirements
have been granted by special regulation for Alaskan parks under similar
circumstances, where geographically isolated communities have no
feasible alternative for solid waste disposal that complies with the
part 6 requirements. The rule accommodates the circumstances of the
Stehekin community which is located in a remote area within the
boundary of LACH and has no other practicable options for
environmentally responsible solid-waste disposal. It is designed only
to authorize the operation of the existing transfer station and the
proposed transfer station at the locations identified in the EA, which
the NPS believes will best protect park resources based upon the
analysis contained in the EA. All other requirements in part 6 will
remain in effect and apply to the existing and new NPS transfer
station, including the requirement in Sec. 6.4(a)(3) that the site of
the existing and new facility ``will not degrade any of the natural or
cultural resources'' of LACH. The rule is consistent with the Act,
which does not prohibit new solid waste disposal sites from handling
waste generated by non-NPS activities within a park unit provided that
the site will not degrade any of the park unit's natural or cultural
resources. The rule does not supersede or replace other requirements
applicable to solid waste disposal sites, including the policy (unless
there is an approved waiver) in Director's Order #35B (Sale of National
Park Service Produced Utilities) that NPS recover the cost of utilities
(including the collection and disposal of solid waste) provided to non-
NPS users.
Under these circumstances, the NPS has determined that the
exceptions to part 6 in the rule are appropriate and the sites will not
degrade the park's natural or cultural resources.
Summary of Public Comments
The NPS published the proposed rule at 80 FR 39985 (July 13, 2015).
The NPS accepted comments through the mail, hand delivery, and the
Federal eRulemaking Portal at http://www.regulations.gov. Comments were
accepted through October 13, 2015.The NPS also held public workshops to
discuss the proposed rule on October 7 in Wenatchee and on October 8 in
Stehekin. The NPS did not receive any comments on the proposed rule.
The NPS has not made any changes to the proposed rule.
[[Page 74990]]
Compliance With Other Laws, Executive Orders, and Departmental Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563).
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. It emphasizes further that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
This rulemaking will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This certification is based on the benefit-
cost and regulatory flexibility analyses found in the report entitled
``Benefit-Cost and Regulatory Flexibility Analyses: Solid Waste
Management at Lake Chelan National Recreation Area'' which can be
viewed online at http://parkplanning.nps.gov/SMFRP by clicking the link
entitled ``Document List.''
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. A Federalism
summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
a. Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
b. Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175 and Department policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation policy and have determined that tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian tribes.
In May and July 2014, the NPS sent letters to the Tribal Historic
Preservation Officers for the Colville Confederated Tribes and the
Confederated Tribes and Bands of the Yakama Nation inviting comment
regarding the inventory, evaluation, and finding of no effect on
cultural resources within the project area. This encompasses the
relocation of all maintenance facilities, including the transfer
station, as proposed in the preferred alternative (Alternative 2) in
the EA. These tribes did not identify any concerns related to the
project.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. We may not conduct or sponsor and you
are not required to respond to a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act of 1969 (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the NEPA is not required because we reached a Finding of No
Significant Impact. This rule implements part of the preferred
alternative (Alternative 2) in the EA, which is the selected
alternative in the FONSI. The EA and FONSI are referenced above and
available online at http://parkplanning.nps.gov/SMFRP by clicking on
``Document List.''
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Drafting Information
The primary author of this regulation is Jay Calhoun, Regulations
Program Specialist, Division of Regulations, Jurisdiction, and Special
Park Uses, National Park Service, 1849 C Street NW., Washington, DC
20240.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the NPS amends 36 CFR part 7 as
follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.
0
2. In Sec. 7.62, add paragraph (d) to read as follows:
[[Page 74991]]
Sec. 7.62 Lake Chelan National Recreation Area.
* * * * *
(d) Solid waste disposal. A solid waste transfer station located
near Stehekin within the boundary of Lake Chelan National Recreation
Area must comply with all provisions in 36 CFR part 6, except it may:
(1) Accept solid waste generated within the boundary of the park
unit that was not generated by National Park Service activities;
(2) Be located within one mile of a campground or a residential
area;
(3) Be visible by the public from scenic vistas or off-trail areas
in designated wilderness areas;
(4) Be detectable by the public by sound from a campground; and
(5) Be detectable by the public by sight, sound, or odor from a
road open to public travel.
Dated: November 19, 2015.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2015-30349 Filed 11-30-15; 8:45 am]
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