[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Rules and Regulations]
[Pages 36365-36367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14321]



[[Page 36365]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 148, 261 and 268

[FRL-6711-4]


Organobromines Production Wastes; Petroleum Refining Wastes; 
Identification and Listing of Hazardous Waste; Land Disposal 
Restrictions; Final Rule and Correcting Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correcting amendments.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting errors 
that appeared in the March 17, 2000 final rule (65 FR 14472) that 
announced the vacature of regulatory provisions governing the 
identification of certain organobromine production wastes as listed 
hazardous wastes under the Resource Conservation and Recovery Act 
(RCRA). EPA also is correcting a typographical error that appeared in 
the August 6, 1998 final rule (63 FR 42110) listing four wastes from 
the petroleum refining industry as hazardous.
    This final rule creates no new regulatory requirements. Rather, it 
corrects errors associated with the March 17, 2000 Federal Register 
document. The rule also corrects a typographical error that appeared in 
the August 6, 1998 Federal Register document.

EFFECTIVE DATE: This rule is effective June 8, 2000.

ADDRESSES: EPA does not seek comment on this document. EPA will keep 
the official records for today's action in paper form. The official 
record for the Listing Determination for Organobromine Production 
Wastes is identified by Docket Number F-98-OBLF-FFFFF. The official 
record for the Listing Determination for Petroleum Refining Wastes is 
Docket Number F-98-PRLF-FFFFF. The public may view supporting materials 
in the RCRA Information Center (RIC), located at EPA, Crystal Gateway 
#1, 1st Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is 
open from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding 
Federal holidays. To review docket materials, we recommend that you 
make an appointment by calling (703) 603-9230. You may copy a maximum 
of 100 pages from any regulatory docket at no charge. Additional copies 
cost $0.15/page. Supporting materials are available for viewing in the 
RCRA Information Center (RIC), Office of Solid Waste (5305G), U.S. 
Environmental Protection Agency Headquarters, US EPA Ariel Rios (5101), 
1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, D.C., metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323. For information on specific aspects of the 
rule, contact Patricia Overmeyer of the Office of Solid Waste (5304W), 
U.S. Environmental Protection Agency, US EPA Ariel Rios, 1200 
Pennsylvania Avenue, N.W., Washington, D.C. 20460. (E-mail address and 
telephone numbers: Overmeyer.Patricia @epa.gov, (703) 605-0708.)

SUPPLEMENTARY INFORMATION: The rule, ``Organobromine Production Wastes; 
Identification and Listing of Hazardous Waste; Land Disposal 
Restrictions; Listing of CERCLA Hazardous Substances, Reportable 
Quantities,'' was issued in the Federal Register at 63 FR 24596 (May 4, 
1998). The rule vacating the listing determination for organobromine 
production wastes was issued in the Federal Register at 65 FR 14472 
(March 17, 2000). The rule, ``Hazardous Waste Management System; 
Identification and Listing of Hazardous Waste; Petroleum Refining 
Process Wastes; Land Disposal Restrictions for Newly Identified 
Wastesa; and CERCLA Hazardous Substance Designation and Reportable 
Quantities,'' was issued the Federal Register at 63 FR 42110 (August 6, 
1998). EPA will keep the official records for these actions in paper 
form. The official records are the paper records maintained at the 
address in the ADDRESSES section.

Contents of this Final Rule

I. Background
II. Amended Regulations
III. Good Cause Exemption from Notice-and-Comment Rulemaking 
Procedures
IV. Administrative Assessments

I. Background

    On March 17, 2000 EPA published a final rule announcing the 
vacature of regulatory provisions governing the identification of 
certain wastes listed as hazardous. In that final rule, EPA amended its 
regulations to conform with an order issued by the United States Court 
of Appeals for the District of Columbia Circuit (D.C. Cir.) in Great 
Lakes Chemical Corporation v. EPA (No. 98-1312). That court order 
vacated Agency regulations listing certain organobromine wastes as 
hazardous wastes under the Resource Conservation and Recovery Act 
(RCRA). The hazardous waste listing determinations that were vacated by 
the court and deleted from the regulations in the March 17, 2000 final 
rule included the wastes listed as K140 and U408. The effect of 
vacating the hazardous waste listing determination for these wastes was 
to clarify that these two wastestreams are not subject to the hazardous 
waste management and treatment standards under RCRA, as well as not 
subject to emergency notification requirements for releases of 
hazardous substances to the environment.
    On August 6, 1998, EPA amended the regulations for hazardous waste 
management under RCRA to list as hazardous four wastes generated by the 
petroleum refining industry. The effect of the final rule was to 
subject the four wastes to stringent management and treatment standards 
under RCRA and to emergency notification requirements for releases of 
hazardous substances to the environment. As part of this final 
regulation, the Agency also amended the existing listing description 
for hazardous waste code F037 in 40 CFR 261.31. The intent of the 
amendment was to clarify that residuals generated from processing or 
recycling oil-bearing hazardous secondary materials (which are excluded 
from the definition of solid waste due to the newly promulgated 
exclusion at 40 CFR 261.4(a)(12)(i)) that are not returned to refinery 
operations and would otherwise meet a listing under subpart D of 40 CFR 
part 261, were to be designated as F037 listed wastes when disposed of 
or intended for disposal. However, the amending language included in 
the August 6, 1998 FR document included a typographical error that made 
the intent of the amendment unclear.

II. Amended Regulations

    In the March 17, 2000 final rule vacating the hazardous waste 
listings for K140 and U408, EPA inadvertently removed and reserved 
paragraph (f) of 40 CFR 148.18. The Agency should have removed and 
reserved paragraph (h) of 40 CFR 148.18. Paragraph (h) of 40 CFR 148.18 
is the provision prohibiting the underground injection of K140 and 
U408. Today, EPA is correcting this error by reinstating paragraph (f) 
and removing and reserving paragraph (h) of 40 CFR 148.18.
    In addition, in the March 17, 2000 final rule, EPA neglected to 
delete the reference to U408 in appendix VII of 40 CFR part 268. Today, 
EPA is deleting the reference to U408 in appendix VII to 40 CFR part 
268.

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    In the August 6, 1998 final rule, a typographical error appeared in 
the amended listing description for hazardous waste code F037. Today, 
EPA is revising the listing description for hazardous waste code F037 
in 40 CFR 261.31(a) to reflect the Agency's original intent of the 
amendment, as described in the preamble to the August 6, 1998 final 
rule.

III. Good Cause Exemption from Notice-and-Comment Rulemaking 
Procedures

    The Administrative Procedure Act generally requires agencies to 
provide prior notice and opportunity for public comment before issuing 
a final rule (5 U.S.C. 553(b)). Rules are exempt from this requirement 
if the issuing agency finds for good cause that notice and comment are 
unnecessary (5 U.S.C. 553(b)(3)(B)).
    EPA has determined that providing prior notice and opportunity for 
comment on today's notice that corrects regulations amending the RCRA 
hazardous waste management requirements to comply with the court 
decision vacating the hazardous waste listing determinations for waste 
codes K140 and U408, is not necessary. The regulations are no longer 
legally in effect by order of the federal court of appeals. Thus, 
amending the hazardous waste regulations has no legal impact and only 
states the current legal status of the rules.
    For the same reasons stated above, EPA believes there is good cause 
for making the amending regulations immediately effective. (See 5 
U.S.C. 553(d))

IV. Administrative Assessments

    Today's amendments to the RCRA hazardous waste management 
regulations only correct errors in Federal Register documents issued on 
March 17, 2000 and August 6, 1998. These corrections have no regulatory 
impact, and do not impose annual costs of $100 million or more. 
Therefore, this action is not a ``significant'' regulatory action, as 
defined by Executive Order 12866, and is not subject to review by the 
Office of Management and Budget. In addition, the amending regulations 
promulgated today will have no effect on small entities. This is 
evidenced by the fact that today's rule only corrects errors in the 
CFR. There is no impact on public or private entities, or on state, 
local, and tribal governments. Because the rule will not have a 
``significant'' economic impact on small entities, a regulatory 
flexibility analysis is not required. Also, this final rule is not 
subject to the Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant as defined in 
Executive Order 12866, and because the Agency does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. Today's rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3510 et seq.).
    Today's action will have no impact upon state, local, and tribal 
governments, or on the private sector. The amending regulations 
promulgated today reflect current law, there will be no legal impact on 
public or private entities. Therefore, today's rule is not subject to 
the provisions of sections 202, 204 or 205 of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4).
    For the same reasons stated above, this rule will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
    This rule does not involve technical standards; thus, the 
requirements of section 12(c) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    Today's final rule will have no effect upon minority and/or low-
income populations. Therefore, today's rule is not subject to Executive 
Order 12898, ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low Income Populations.''

List of Subjects

40 CFR Part 148

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

40 CFR Part 261

    Environmental protection, Hazardous materials, Recycling, Waste 
treatment and disposal.

40 CFR Part 268

    Environmental protection, Hazardous materials, Land disposal 
restrictions, Reporting and recordkeeping requirements, Treatment 
standards, Waste management.

    Dated: May 30, 2000.
Timothy R. Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons set forth in the preamble, title 40, chapter 1 of 
the Code of Federal Regulations is amended as follows:

PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS

    1. The authority citation for part 148 continues to read as 
follows:

    Authority: Sec. 3004, Resource Conservation and Recovery Act, 42 
U.S.C. 6901 et seq.


    2. Section 148.18 is amended by removing and reserving paragraph 
(h) and adding paragraph (f), to read as follows:


Sec. 148.18  Waste specific prohibitions-newly listed and identified 
wastes.

* * * * *
    (f) On January 8, 1997, the wastes specified in 40 CFR 261.32 as 
EPA Hazardous waste number K088 is prohibited from underground 
injection.
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    3. The authority citation for part 261 continues to read as 
follows:

    Authority: Sec. 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), 
and 6938.


    4. In Sec. 261.31(a), the table is amended by revising the entry 
for F037, to read as follows:


Sec. 261.31  Hazardous wastes from non-specific sources.

    (a) * * *

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 Industry and EPA hazardous waste
                No.                                    Hazardous waste                          Hazard code
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
F037..............................  Petroleum refinery primary oil/water/solids            (T)
                                     separation sludge--Any sludge generated from the
                                     gravitational separation of oil/water/solids during
                                     the storage or treatment of process wastewaters and
                                     oil cooling wastewaters from petroleum refineries.
                                     Such sludges include, but are not limited to, those
                                     generated in oil/water/solids separators; tanks and
                                     impoundments; ditches and other conveyances; sumps;
                                     and stormwater units receiving dry weather flow.
                                     Sludge generated in stormwater units that do not
                                     receive dry weather flow, sludges generated from non-
                                     contact once-through cooling waters segregated for
                                     treatment from other process or oily cooling waters,
                                     sludges generated in aggressive biological treatment
                                     units as defined in Sec.  261.31(b)(2) (including
                                     sludges generated in one or more additional units
                                     after wastewaters have been treated in aggressive
                                     biological treatment units) and K051 wastes are not
                                     included in this listing. This listing does include
                                     residuals generated from processing or recycling oil-
                                     bearing hazardous secondary materials excluded under
                                     Sec.  261.4(a)(12)(i), if those residuals are to be
                                     disposed of.
 
*                  *                  *                  *                  *                  *
                                                        *
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* * * * *

PART 268--LAND DISPOSAL RESTRICTIONS

    5. The authority citation for part 268 continues to read as 
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.

Appendix VII to Part 268 [Amended]

    6. In appendix VII to part 268 Table 1 is amended by removing the 
entry for U048.
[FR Doc. 00-14321 Filed 6-7-00; 8:45 am]
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