[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31986-31987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15170]



[[Page 31986]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6359-6]


Hazardous Waste Management System: Identification and Listing of 
Hazardous Waste; Technical Amendment

AGENCY: Environmental Protection Agency.

ACTION: Technical amendment.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
amending 40 CFR part 261, appendix IX to delete two facilities that 
were granted exclusions for their wastes and no longer produce these 
wastes. The following facilities have been deleted: Tricil 
Environmental Systems, Inc., Hilliard, Ohio; and Tricil Environmental 
Systems, Inc., Muskegon, Michigan. Today's amendment documents these 
changes.

EFFECTIVE DATE: June 15, 1999.

ADDRESSES: The regulatory docket for this rule is located at U.S. EPA, 
Crystal Gateway I, 1235 Jefferson Davis Highway, ground floor outside 
main lobby, Arlington, VA 22202, and is available for viewing from 9:00 
a.m. to 4:00 p.m., Monday through Friday, excluding Federal holidays. 
The Docket Office can be reached at (703) 603-9230. The reference 
number for this docket is F-86-TRFE-FFFFF. The public may copy material 
from the regulatory docket free for the first 100 pages and $0.15 for 
additional pages.

FOR FURTHER INFORMATION CONTACT: RCRA Hotline, toll free at (800) 424-
9346 or at (703) 412-9810. For technical information contact Mr. Jim 
Kent, Office of Solid Waste (5304W), U.S. Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460, (703) 308-0461.

SUPPLEMENTARY INFORMATION:

I. The Technical Amendment

    On February 8, 1994, EPA published a final rule (59 FR 5725, 
February 8, 1994) to delete Tricil Environmental Systems, Inc., 
Hilliard, Ohio; and Tricil Environmental Systems, Inc., Muskegon, 
Michigan from 40 CFR part 261, appendix IX. EPA inadvertently did not 
include deleting the two Tricil Environmental Systems, Inc. facilities 
from Table 2 of appendix IX of 40 CFR part 261; EPA corrects this 
omission in today's technical amendment by promulgating the appropriate 
regulatory text.

II. Background

    Under 40 CFR 260.20 and 260.22 a person may petition EPA to 
demonstrate that a specific waste from a particular generating facility 
should not be regulated as a hazardous waste. Based on waste specific 
information provided by petitioner, EPA granted exclusions to Tricil 
Environmental Systems, Inc., Hilliard, Ohio (51 FR 41494, November 17, 
1986); and Tricil Environmental Systems, Inc., Muskegon, Michigan (51 
FR 41494, November 17, 1986).
    EPA decided to delete these two facilities from Appendix IX because 
these facilities notified EPA that they had ceased operations that 
generate the excluded waste. Tricil Environmental Systems, Inc., 
Hilliard, Ohio, ceased generation of the excluded waste on June 30, 
1991; and Tricil Environmental Systems, Inc., Muskegon, Michigan, 
ceased generation of the excluded waste on September 1, 1992.
    In 1993, the above generators confirmed in writing that they no 
longer generate the delisted waste at their facilities. On October 15, 
1993, the Agency notified these facilities of the proposed action and 
solicited their comments. No comments were received disputing the 
Agency's intended action. These changes to appendix IX of 40 CFR part 
261 are effective June 15, 1999. These facilities would need to submit 
new delisting petitions if they wish to generate the excluded waste at 
any time in the future.

III. Effective Date

    This technical amendment is effective June 15, 1999. EPA has 
determined that there is good cause for making today's technical 
amendment final without prior proposal and opportunity for comment 
because EPA is merely correcting a technical omission in a previously 
issued rule to delete two facilities from appendix IX, Table 2 that 
have stopped production of the excluded waste. Thus, notice and public 
comment are unnecessary. The Agency finds that this constitutes good 
cause under 5 U.S.C. 553(b)(B).

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is 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 action 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.

IV. Submission to Congress and 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 submit a rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. The EPA is not required to submit a rule report regarding 
today's action under section 801 because this is a rule of particular 
applicability, etc. Section 804 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, 
procedures, or practice that do not substantially affect the rights or 
obligations of non-agency parties. See 5 U.S.C. 804(3). This rule will 
become effective on June 15, 1999.

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, and Reporting 
and recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921 (f).

    Dated: June 2, 1999
Elizabeth Cotsworth,
Acting Director, Office of Solid Waste.

    For the reasons set out in the preamble, 40 CFR Part 261 is amended 
as follows:

[[Page 31987]]

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for Part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6922, and 
6938.

Appendix IX to Part 261 [Amended]

    2. Table 2 of Appendix IX of Part 261 is amended by removing the 
entries for ``Tricil Environmental Systems, Inc., Hilliard, Ohio'; and 
``Tricil Environmental Systems, Inc., Muskegon Michigan.''

[FR Doc. 99-15170 Filed 6-14-99; 8:45 am]
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