[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Rules and Regulations]
[Pages 70314-70315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29873]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 444

[FRL-6866-7]
RIN 2040-AC23


Effluent Limitations Guidelines, Pretreatment Standards, and New 
Source Performance Standards for the Commercial Hazardous Waste 
Combustor Subcategory of the Waste Combustors Point Source Category; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: The Environmental Protection Agency promulgated regulations 
establishing effluent limitations and pretreatment standards for the 
Commercial Hazardous Waste Subcategory of the Waste Combustors Point 
Source Category. The final rule was published in the Federal Register 
on January 27, 2000. Due to a formatting error, the published text 
includes two references on the wrong line of text. Also, a formatting 
error caused part of Sec. 444.12(b)(1) to be misidentified as 
Sec. 444.12(b)(2). This document places the references in the correct 
location and removes the incorrect section identification.

DATES: Effective on November 22, 2000.

FOR FURTHER INFORMATION CONTACT: Samantha Lewis, 202-260-7149.

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure 
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause 
finds that notice and public procedure are impracticable, unnecessary 
or contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's rule final 
without prior proposal and opportunity for comment because the 
corrections are non-substantive, formatting revisions. Thus, notice and 
public procedure are unnecessary. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(B).
    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. Because the 
agency has made a ``good cause'' finding that 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.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Public Law 104-4). In addition, this action does 
not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). 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 also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction does not involve technical standards; 
thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
The rule also does not involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994). 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, as required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996). 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. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq. ). EPA's compliance with these statutes 
and Executive Orders for the underlying

[[Page 70315]]

rule is discussed in the January 27, 2000 Federal Register document.
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes 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 therefor, and established an effective date of November 22, 
2000. 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 in 40 CFR Part 444

    Environmental protection, Hazardous waste, Incineration, Waste 
treatment and disposal, Water pollution control.

    Dated: August 31, 2000.
J. Charles Fox,
Assistant Administrator for Water.


    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:
    1. The authority citation for part 444 continues to read as 
follows:

    Authority: Secs. 301, 304, 306, 307, 308, 402, and 501 of the 
Clean Water Act, as amended; 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 
1342, and 1361.


Sec. 444.12   [Amended]

    2. Section 444.12 is amended by:
    a. Removing the paragraph designation for the first paragraph 
(b)(2) and designating the text as the last two sentences of paragraph 
(b)(1).
    b. Redesignating the table entitled ``List of Approved Inorganic 
Test Procedures'' to paragraph (b)(1).
    c. Amending the entry ``2. Cadmium'' in the table to paragraph 
(b)(1) by transferring ``D3557-90(D)'' from the entry for ICP/AES to 
the entry for AA furnace in the 4th column of the table.
    d. Amending the entry ``11. Zinc'' in the table to paragraph (b)(1) 
by transferring ``D4190-82(88)'' from the entry for Colorimetric 
(Dithizone) to the entry for DCP in the 4th column of the table.

[FR Doc. 00-29873 Filed 11-21-00; 8:45 am]
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