[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19837-19838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10861]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 264 and 265

[FRL-6001-8]


Removal of Direct Final Rule for XL Project at OSi Specialties, 
Inc., Sistersville, WV

AGENCY: Environmental Protection Agency (EPA).

ACTION: Removal of direct final rule amendments.

-----------------------------------------------------------------------

SUMMARY: On March 6, 1998, EPA published a direct final rule entitled 
``Project XL Site-Specific Rulemaking for OSi Specialties, Inc., 
Sistersville, West Virginia'' at 63 FR 11124-11147. That Federal 
Register notice provided that the direct final rule would be withdrawn 
if relevant adverse comments were received by March 27. Because EPA 
received such comments, EPA is now removing the amendments made by the 
direct final rule.

EFFECTIVE DATE: April 22, 1998.

ADDRESSES: Docket. A docket containing documents relevant to this 
action is available for public inspection and copying at the EPA's 
docket office located at Crystal Gateway, 1235 Jefferson Davis Highway, 
First Floor, Arlington, Virginia. The public is encouraged to phone in 
advance to review docket materials. Appointments can be scheduled by 
phoning the Docket Office at (703) 603-9230. Refer to RCRA docket 
number F-98-MCCP-FFFFF.
    A duplicate copy of the docket is available for inspection and 
copying at U.S. EPA, Region 3, 841 Chestnut Street, Philadelphia, PA 
19107-4431, during normal business hours. Persons wishing to view the 
duplicate docket at the Philadelphia location are encouraged to contact 
Mr. Tad Radzinski in advance, by telephoning (215) 566-2394.

FOR FURTHER INFORMATION CONTACT:
Mr. Tad Radzinski, U.S. Environmental Protection Agency, Region 3 
(3WC11), Waste Chemical Management Division, 841 Chestnut Street, 
Philadelphia, PA 19107-4431, (215) 566-2394.

SUPPLEMENTARY INFORMATION: A companion proposal to the direct final 
rule was published in the March 6, 1998 Federal Register (63 FR 11200-
11202). EPA will address the comments received in response to that 
proposal but will not institute a second comment period.
    However, persons who stil wish to comment on the companion proposal 
may do so by attending the hearing announced in the proposed rule 
section of today's Federal Register. In a subsequent final rule EPA 
will address the comments received on the proposed rule.
    The Congressional Review Act, 5 U.S.C. Section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the Agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and the Comptroller General 
of the United States. Section 804, however, exempts from Section 801 
the following types of rules: rules of particular applicability; rules 
relating to Agency management or personnel; and rules of Agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-Agency parties, 5 U.S.C. Section 
804(3). EPA is not required to submit a rule report regarding today's 
action under Section 801 because this is rule of particular 
applicability.
    Because the rule now being withdrawn is currently effective, EPA 
also finds that good cause exists under section 3010(b)(3) of RCRA (42 
U.S.C. 6903(b)(3)) to publish this removal of the site-specific 
regulation with an immediate effective date, rather than having it take 
effect in 30 days. See 5 U.S.C. 553(d)(3). Today's removal of the 
direct final rule affects only one facility, and is limited in its 
scope to a removal of a temporary conditional deferral of a relatively 
narrow set of RCRA regulations. As such, the deferral was

[[Page 19838]]

designed to provide greater flexibility only to the OSi Specialties, 
Inc., Sistersville Plant, and did not impose or remove additional 
regulatory requirements on other regulated entities.

List of Subjects in 40 CFR Parts 264 and 265

    Environmental protection, Air pollution control, Control device, 
Hazardous waste, Monitoring, Reporting and recordkeeping requirements, 
Surface impoundment, Treatment storage and disposal facility, Waste 
determination.

    Dated: April 16, 1998.
Carol M. Browner,
Administrator.

    Accordingly, 40 CFR Chapter I is amended as follows:

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    1. The authority citation for part 264 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, 
and Containers


Sec. 264.1080  [Amended]

    2. Section 264.1080 is amended by removing paragraphs (f) and (g).

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    3. The authority citation for part 265 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935.

Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, 
and Containers


Sec. 265.1080  [Amended]

    4. Section 265.1080 is amended by removing paragraphs (f) and (g).

[FR Doc. 98-10861 Filed 4-21-98; 8:45 am]
BILLING CODE 6560-50-M