[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Rules and Regulations]
[Pages 42580-42582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21207]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 148, 268, and 271

[FRL-6139-6]
RIN 2050-AD79


Organobromine Production Wastes; Identification and Listing of 
Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA 
Hazardous Substances, Reportable Quantities; Final Rule; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date and technical 
amendments.

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[[Page 42581]]

SUMMARY: This rulemaking corrects errors found in three previous 
regulations which have imposed land disposal treatment standard 
deadlines for wastes generated by the organobromine industry. These 
corrections are being made to assure that the land disposal 
restrictions treatment standards for two organobromine production 
wastes (designated by EPA Hazardous Waste Codes K140 and U408) and one 
Universal Treatment Standard Table entry (2,4,6-Tribromophenol), become 
effective on November 4, 1998. These corrections are being made so that 
the treatment standards for the above wastes and waste constituent 
become effective when the rule listing them as hazardous waste becomes 
effective. Corrections are being made to the following three 
regulations: the May 4, 1998, regulations listing two organobromine 
production wastes as hazardous (63 FR 24596); the May 26, 1998 Phase IV 
final rule (63 FR 28556); and, the technical amendment to the May 4, 
1998 rule that was published on June 29, 1998 (63 FR 35147).

EFFECTIVE DATES:
    1. The May 4, 1998 rule. Effective August 10, 1998, the amendments 
to the table of treatment standards for hazardous wastes in Sec. 268.40 
on pages 24625 and 24626 in amendment 10, and the amendment to the 
universal treatment standards table in Sec. 268.48 on page 24626 in 
amendment 11, are withdrawn.
    2. The May 26 rule. The first sentence following the EFFECTIVE 
DATES caption is corrected to read as follows: ``This final rule is 
effective August 24, 1998, except for the entries for EPA Hazardous 
waste numbers K140 and U408 in the table of treatment standards for 
hazardous wastes in Sec. 268.40, and the entry for 2,4,6-Tribromophenol 
in the universal treatment standards table in Sec. 268.48, which are 
effective November 4, 1998.''
    3. The June 29, 1998 rule. The sentence following the EFFECTIVE 
DATE caption on page 35147 is corrected to read: ``This rule is 
effective November 4, 1998.''
    Effective August 10, 1998, the amendments to the table of treatment 
standards for hazardous wastes in Sec. 268.40 on page 35149 in 
amendment 5 are withdrawn.

FOR FURTHER INFORMATION CONTACT: For general information contact the 
RCRA Hotline at (800) 424-9346 (toll free) or (703) 920-9810 in the 
Washington, DC metropolitan area. For information on this notice 
contact Rhonda Minnick (5302W), Office of Solid Waste, 401 M Street, 
SW, Washington, DC 20460, (703) 308-8771.

SUPPLEMENTARY INFORMATION: The May 4, 1998 final rule amended the 
Sec. 268.40 Table of Treatment Standards (page 24625, amendment 10) to 
add EPA Hazardous Waste numbers K140 and U408, and the Sec. 268.48 
Universal Treatment Standards table (page 24626, amendment 11). The 
Table of Treatment Standards entry for K140 contained an error, which 
was corrected in the June 29, 1998 technical amendment (page 35149, 
amendment 5) (however, the effective date for this amendment was 
incorrect). Both the amendments made in the May 4 rule and the June 29 
rule are being withdrawn in this document. This is necessary because 
the Treatment Standard Table entries for K140 and U408 and the 
Universal Treatment Standards table entry for 2,4,6,-Tribromophenol 
also appeared in the May 26, 1998 final rule in comprehensive tables 
that includes all the LDR treatment standards. This document, however, 
clarifies that the treatment standards and universal treatment standard 
constituent for these two organobromine production wastes as they 
appear in the May 26 final rule are effective November 4, 1998. This 
corresponds to the date that the rule listing them as hazardous wastes 
becomes effective.
    In the June 29, 1998, technical amendment, an inadvertent error was 
made in the effective date. The incorrect effective date set out in the 
technical amendment was June 29, 1998, while the effective date for the 
final rule that it amended was November 4, 1998. The effective date for 
the technical amendment should be the same as that for the final rule, 
November 4, 1998. This document corrects this error.

I. Rationale for Immediate Effective Date

    Today's rule does not create any new regulatory requirements; 
rather it clarifies requirements by correcting a number of errors in 
the May 4, 1998, May 26, 1998, and the June 29, 1998 rules. For these 
reasons, EPA finds that good cause exists under section 3010(b)(3) of 
RCRA, 42 U.S.C. 9903(b)(3), to provide for an immediate effective date 
for some of this rule. See generally 61 FR at 15662. For the same 
reasons, EPA finds that there is good cause under 5 U.S.C. 553(b)(3) to 
promulgate today's corrections in final form and that there is good 
cause under 5 U.S.C. 553(b)(3) to waive the requirement that 
regulations be published at least 30 days before they become effective.

II. Analysis Under Executive Order 12866, the Unfunded Mandates 
Reform Act of 1995, the Regulatory Flexibility Act, the Paperwork 
Reduction Act, National Technology Transfer and Advancement Act of 
1995, and Executive Order 13045

    Under Executive Order 12866, this action is not a ``significant 
regulatory action'' and is therefore not subject to review by the 
Office of Management and Budget. In addition, this action does not 
impose annual costs of $100 million or more, will not significantly or 
uniquely affect small governments, and is not a significant federal 
intergovernmental mandate. The Agency thus has no obligations under 
sections 202, 203, 204 and 205 of the Unfunded Mandates Reform Act. 
Moreover, since this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to sections 603 or 604 of the Regulatory 
Flexibility Act, and it does not affect requirements under the 
Paperwork Reduction Act. Section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (NTTAA), Pub. L. No. 104-113, 
Sec. 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. Neither this technical 
correction action nor the final rules involve technical standards. 
Therefore, EPA did not consider the use of any voluntary standards in 
this rulemaking. This final rule is not subject to E.O. 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because this action is not an 
economically significant rule, and it does not involve decisions on 
environmental health risks or safety risks that may disproportionately 
affect children.

III. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 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

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submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. 
Section 808 allows the issuing agency to make a good cause finding that 
notice and public procedure is impracticable, unnecessary or contrary 
to the public interest. This determination must be supported by a brief 
statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a 
good cause finding, including the reasons therefore, and established an 
effective date of August 10, 1998 for parts of this action. EPA will 
submit a report containing this rule and other required information to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

40 CFR Part 148

    Environmental Protection, Administrative practice and procedure, 
Hazardous waste, Reporting and recordkeeping requirements, Water 
supply.

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Dated: August 3, 1998.
Timothy Fields, Jr.,
Acting Assistant Administrator.

    For the reasons set forth in the preamble:
    1. The effective dates for the rules published on May 26, 1998 and 
June 29, 1998 are corrected as set forth in the EFFECTIVE DATES section 
of this correction.
    2. Amendment 10 to Sec. 268.40 and amendment 11 to Sec. 268.48 on 
pages 24625 and 24626 in the rule published May 4, 1998, and amendment 
5 on page 35149 in the rule published June 29, 1998 are withdrawn.

[FR Doc. 98-21207 Filed 8-7-98; 8:45 am]
BILLING CODE 6560-50-P