[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amendment 11, are withdrawn.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
[[Page 42582]]
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]
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