[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Rules and Regulations]
[Pages 10111-10112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4823]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6236-2]


Final Authorization of State Hazardous Waste Management Program 
Revision; Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule; correction and stay of effective date.

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

SUMMARY: The EPA is announcing a stay of the immediate final rule 
published in the Federal Register of October 29, 1998 (63 FR 57912), 
authorizing revisions to Michigan's hazardous waste management program 
under the Resource Conservation and Recovery Act (RCRA) and the 
Hazardous and Solid Waste Amendments of 1984 (HSWA). The effect of the 
stay is to allow for an extended public comment period. In addition, 
EPA is making a minor correction to the immediate final rule. If EPA 
receives no adverse written comments, the corrected immediate final 
rule will take effect as provided

[[Page 10112]]

below. In the Proposed Rules section of this Federal Register, EPA is 
publishing a separate document that will serve as a proposal to 
authorize the revision should the Agency receive adverse comment.

DATES: Effective March 2, 1999, the immediate final rule published on 
October 29, 1998 (63 FR 57912) is stayed until June 1, 1999. This 
correction is effective June 1, 1999. If EPA receives no adverse 
comments by April 1, 1999, the stay will expire, and the October 29, 
1998 immediate final rule and this correction will take effect without 
further notice on June 1, 1999. Should the EPA receive adverse comments 
during the extended comment period, EPA will revoke the October 29, 
1998 immediate final rule, and withdraw this correction before its 
effective date. EPA will then address public comments in a later final 
rule based on the proposed rule.

ADDRESSES: Send written comments to: Judy Feigler, Michigan Regulatory 
Specialist, U.S. Environmental Protection Agency, Region 5, Waste, 
Pesticides and Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, 
Illinois 60604. You may examine copies of the materials submitted by 
Michigan during normal business hours at the following addresses: EPA, 
Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604, contact Judy 
Feigler, (312) 886-4179; or Michigan Department of Environmental 
Quality, 608 W. Allegan, Hannah Building, Lansing, Michigan, contact: 
Ms. Ronda Blayer, (517) 353-9548.

FOR FURTHER INFORMATION CONTACT: Judy Feigler, Michigan Regulatory 
Specialist, U.S. Environmental Protection Agency, Region 5, Waste, 
Pesticides and Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, 
Illinois 60604, (312) 886-4179.

SUPPLEMENTARY INFORMATION: The EPA published an immediate final rule in 
the Federal Register of October 29, 1998 (63 FR 57912), announcing 
final authorization of Michigan for revisions to its hazardous waste 
management program under RCRA and HSWA. The Agency has explained the 
reasons for this authorization in that document. The immediate final 
rule became effective on December 28, 1998. A portion of the State's 
hazardous waste program for which the State is seeking authorization 
was inadvertently left out of the immediate final rule. This document 
corrects the omissions as follows: page 57915, the third column, is 
amended by inserting the phrase ``as amended on April 17, 1995 (60 FR 
19165); and May 12, 1995 (60 FR 25619)'' after the phrase ``February 9, 
1995, 60 FR 7824.''
    In addition, EPA inadvertently did not publish public notice of the 
decision in newspapers in the State as required by 40 CFR 
271.21(b)(3)(i)(B). EPA will publish public notice in the appropriate 
newspapers concurrent with publication of this document in the Federal 
Register. Therefore, since EPA is committed to its policy of ensuring 
public involvement in the decision-making process, EPA will accept 
public comments until April 1, 1999. Effective March 2, 1999, the 
immediate final rule published on October 29, 1998 (63 FR 57912) 
granting final authorization of Michigan's revised hazardous waste 
management program is stayed until June 1, 1999 to allow for the 
extended comment period. If no adverse comments are received by the end 
of the extended comment period, the stay will expire and the corrected 
immediate final rule will become effective on June 1, 1999. If EPA does 
receive adverse written comments during the extended comment period, 
EPA will revoke the October 29, 1999 immediate final rule, and withdraw 
this correction before its effective date. EPA will then address the 
comments in a later final rule based on the proposed rule.
    You may examine copies of the materials submitted by Michigan 
during normal business hours at the locations indicated in the 
ADDRESSES section of this document. EPA may not provide additional 
opportunity for comment. Any parties interested in commenting must do 
so at this time.
    For further information, see the document published in the Rules 
section of this Federal Register.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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 any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive 
Order 13084 (63 FR 27655, May 10, 1998), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.

Submission to Congress and the Comptroller General

    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 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. The 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 today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: February 16, 1999.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-4823 Filed 3-1-99; 8:45 am]
BILLING CODE 6560-50-P