[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Proposed Rules]
[Pages 50379-50380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24073]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRN-7066-1]
RIN: 2050-AE07


Correction to Hazardous Waste Identification Rule (HWIR): 
Revisions to the Mixture Rule; Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing two clarifying revisions to the mixture rule. 
The first revision reinserts certain exemptions to the mixture rule 
which were inadvertently deleted. The second revision clarifies that 
mixtures consisting of certain excluded wastes (commonly referred to as 
Bevill wastes) and listed hazardous wastes that have been listed solely 
for the characteristic of ignitability, corrosivity, and/or reactivity, 
are exempt once the characteristic for which the hazardous waste was 
listed has been removed.
    In the ``Rules and Regulations'' section of today's Federal 
Register, we are also simultaneously approving these clarifying 
revisions to the mixture rule as a direct final rule without prior 
proposal because we view these as noncontroversial revisions and 
anticipate no adverse comment. We have explained our reasons for this 
approval in the preamble to the direct final rule. If we receive no 
adverse comment, we will not take further action on this proposed rule. 
If we receive adverse comment, we will withdraw the direct final rule 
and it will not take effect. We will address all public comments in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

DATES: Written comments must be received by November 2, 2001.

ADDRESSES: Please send an original and two copies of your comments 
referencing Docket number F-2001-

[[Page 50380]]

WH3P-FFFFF to (1) if using regular U.S. Postal Service mail: RCRA 
Docket Information Center, Office of Solid Waste (5305W), U.S. 
Environmental Protection Agency Headquarters (EPA, HQ), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0002, or (2) if using 
special delivery, such as overnight express service: RCRA Docket 
Information Center (RIC), Crystal Gateway One, 1235 Jefferson Davis 
Highway, First Floor, Arlington, Virginia 22202. To reduce paper use, 
we are asking you to send one paper copy, and one electronic copy by 
diskette or Internet email. In this case, send your comments to the 
RCRA Information Center on labeled personal computer diskettes in ASCII 
(TEXT) format or a word processing format we can convert to ASCII 
(TEXT). Please include on the disk label the name, version, and edition 
of your word processing software as well as your name and docket number 
F-2001-WH3P-FFFFF. Protect your diskette by putting it in a protective 
mailing envelope. To send a copy by Internet email, address it to: 
[email protected]. Make sure this electronic copy is in an 
ASCII format that doesn't use special characters or encryption. Cite 
the docket Number F-2001-WH3P-FFFFF in your electronic file.
    The RCRA Information Center is located at Crystal Gateway One, 1235 
Jefferson Davis Highway, First Floor, Arlington Virginia. If you would 
like to look at and copy supporting information for RCRA rules, please 
make an appointment with the RCRA Information Center by calling (703) 
603-9230. Docket hours are from 9:00 A.M. to 4:00 P.M. Monday through 
Friday, except for Federal holidays. You may copy up to 100 pages from 
any regulatory document at no cost. Additional copies cost $0.15 per 
page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Call Center at 800 424-9346 or TDD 800 553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call 703 412-9810 
or TDD 703 412-3323.
    For more detailed information on specific aspects of this 
rulemaking, contact Tracy Atagi, Office of Solid Waste 5304W, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-0002, 703-308-8672, [email protected]. 

SUPPLEMENTARY INFORMATION: This document concerns revising the mixture 
rule in order to correct errors made in a previous notice. For further 
information, please see the information provided in the direct final 
action that is located in the ``Rules and Regulations'' section of this 
Federal Register publication.

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. Because the 
purpose of today's action to make a clarification that will not change 
the current regulatory status quo, it has no economic impact and 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) (Pub. L. 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 have 
tribal implications, as specified by Executive Order 13175 (65 FR 
67249, November 6, 2000). 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 action 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). 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.). This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Part 261

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

    Dated: September 20, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-24073 Filed 10-2-01; 8:45 am]
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