[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Rules and Regulations]
[Pages 35032-35034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11914]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 148, 261, 268, 271, and 302

[RCRA-2003-0001; FRL-7924-9]
RIN 2050-AD80


Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Dyes and/or Pigments Production Wastes; Land Disposal 
Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance 
Designation and Reportable Quantities; Designation of Five Chemicals as 
Appendix VIII Constituents; Addition of Four Chemicals to the Treatment 
Standards of F039 and the Universal Treatment Standards; Correction

AGENCY: EPA.

ACTION: Final rule; correction.

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SUMMARY: EPA issued a final rule in the Federal Register on February 
24, 2005, listing as hazardous under the Resource Conservation and 
Recovery Act (RCRA) nonwastewaters generated from the production of 
certain dyes, pigments, and FD&C colorants. This document corrects 
typographical errors in the regulatory text and notes other 
typographical errors in the preamble.

DATES: This correction is effective on August 23, 2005.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES 
in the Federal Register document of February 24, 2005.

FOR FURTHER INFORMATION CONTACT: Robert Kayser, Hazardous Waste 
Identification Division, Office of Solid Waste (5304W), Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; 
telephone number: (703) 308-7304; fax number: (703) 308-0514; e-mail 
address: [email protected]. For general information on the final 
rule, review our Web site at http://www.epa.gov/epaoswer/hazwaste/id/dyes/index.htm.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    The Agency included in the final rule of February 24, 2005, a list 
of those who may be potentially affected by this action. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under the FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Access Electronic Copies of This Document and Other 
Related Information?

    In addition to using the EDOCKET at http://www.epa.gov/edocket/, 
you may access this Federal Register document electronically through 
the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 
CFR part 261 is available at e-CFR Beta Site at http://www.gpoaccess.gov/ecfr/.

II. What Does This Correction Do?

    This Action corrects two typographical errors in the final rule, 
both of which are the same but occur in different paragraphs, published 
in the Federal Register of February 24, 2005 (see FR Doc. 05-3454; 70 
FR 9138-9180) (FRL-7875-8). The first error appears at 70 FR 9176 in 
the text of Sec.  261.32(d)(2). At the end of the first sentence, the 
phrase ``listing levels of this section'' is misplaced and is in part 
repetitive. The phrase ``listing levels of'' should immediately precede 
``paragraph (c)'' in that sentence and the last usage of the phrase 
``this section'' at the end of the sentence should be deleted. Thus, 
the first sentence of Sec.  261.32(d)(2) should conclude as follows: 
``to conclude that annual mass loadings for the K181 constituents are 
below the listing levels of paragraph (c) of this section.''
    The second error also appears at 70 FR 9176 in the text of Sec.  
261.32(d)(3)(iv)(B). At the end of the sentence, the phrase ``listing 
levels of this section'' is misplaced and is in part repetitive. The 
phrase ``listing levels of'' should immediately precede ``paragraph 
(c)'' in the sentence and the last usage of the phrase ``this section'' 
at the end of the sentence should be deleted. Thus, Sec.  
261.32(d)(3)(iv)(B) should conclude as follows: ``to support any claim 
that the constituent mass loadings are below the listing levels of 
paragraph (c) of this section.''
    We also note that the preamble to the final rule contains several 
erroneous regulatory citations. The first one appears at 70 FR 9145, in 
the second column, in the first paragraph under the heading ``1. 
Toluene-2,4-diamine,'' line three. The correct regulatory citation is 
to ``Sec.  261.32(c)(1)'' and not ``Sec.  261.31(c)(1)''. The second 
one appears in line six of the same paragraph. The correct citation is 
to

[[Page 35033]]

``Sec.  261.32(c)(2)'' and not to ``Sec.  (c)(2)''. The last one 
appears at 70 FR 9145, in the third column, in line six. The correct 
citation is to ``Sec.  261.32(c)(1)'' and not ``Sec.  261.31(c)(1)'.

III. Why Is This Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an Agency for good cause finds that 
notice and public procedures are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's correction final 
without prior proposal and opportunity for comment, because EPA is 
merely correcting language to allow the affected rule sections to make 
sense grammatically. Therefore, EPA finds that additional public 
comment is not necessary under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to This 
Action?

    This final rule implements an amendment to the Code of Federal 
Regulations that has no substantive impact on the underlying 
regulations, and it does not otherwise impose or amend any 
requirements. As such, the Office of Management and Budget (OMB) has 
determined that such amendments are not a ``significant regulatory 
action'' subject to review by OMB under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because 
this rule has been exempted from review under Executive Order 12866, 
this rule is not subject to Executive Order 13211, entitled Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does 
not contain any information collections subject to OMB approval under 
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose 
any enforceable duty or contain any unfunded mandate as described under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). This action does not require any special considerations under 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994), or OMB review or any 
Agency action under Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997). This action does not involve any technical standards 
that would require Agency consideration of voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note). Since the action does not require the issuance of 
a proposed rule, the requirements of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.) do not apply. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on 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, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.'' This action 
does not alter the relationships or distribution of power and 
responsibilities. For similar reasons, the Agency has determined that 
this rule does not have any ``tribal implications'' as described in 
Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive 
Order 13175, requires EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' ``Policies that 
have tribal implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.'' This rule will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

    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. 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 this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 261

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

    Dated: June 10, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 261--[CORRECTED]

0
1. The authority citation for part 261 continues to read as follows:

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


0
2. Section 261.32 is amended by revising the introductory text to 
paragraph (d)(2) and paragraph (d)(3)(iv)(B) to read as follows:


Sec.  261.32  Hazardous wastes from specific sources.

* * * * *
    (d) * * *
    (2) Determination for generated quantities of 1,000 MT/yr or less 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or 
less, the generator can use knowledge of the wastes (e.g., knowledge of 
constituents in wastes based on prior analytical data and/or 
information about raw materials used, production processes used, and 
reaction and degradation products formed) to conclude that annual mass 
loadings for the K181 constituents are below the listing levels of 
paragraph (c) of this

[[Page 35034]]

section. To make this determination, the generator must:
* * * * *
    (3) * * *
    (iv) * * *
    (B) The analytical measurements must be sufficiently sensitive, 
accurate and precise to support any claim that the constituent mass 
loadings are below the listing levels of paragraph (c) of this section.
* * * * *
[FR Doc. 05-11914 Filed 6-15-05; 8:45 am]
BILLING CODE 6560-50-P