Hazardous waste program authorizations: Michigan,
[Federal Register: March 2, 1999 (Volume 64, Number 40)]
[Rules and Regulations]
[Page 10111-10112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr99-6]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6236-2]
Final Authorization of State Hazardous Waste Management Program Revision; Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule; correction and stay of effective date.
SUMMARY: The EPA is announcing a stay of the immediate final rule published in the Federal Register of October 29, 1998 (63 FR 57912), authorizing revisions to Michigan's hazardous waste management program under the Resource Conservation and Recovery Act (RCRA) and the Hazardous and Solid Waste Amendments of 1984 (HSWA). The effect of the stay is to allow for an extended public comment period. In addition, EPA is making a minor correction to the immediate final rule. If EPA receives no adverse written comments, the corrected immediate final rule will take effect as provided
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below. In the Proposed Rules section of this Federal Register, EPA is publishing a separate document that will serve as a proposal to authorize the revision should the Agency receive adverse comment.
DATES: Effective March 2, 1999, the immediate final rule published on October 29, 1998 (63 FR 57912) is stayed until June 1, 1999. This correction is effective June 1, 1999. If EPA receives no adverse comments by April 1, 1999, the stay will expire, and the October 29, 1998 immediate final rule and this correction will take effect without further notice on June 1, 1999. Should the EPA receive adverse comments during the extended comment period, EPA will revoke the October 29, 1998 immediate final rule, and withdraw this correction before its effective date. EPA will then address public comments in a later final rule based on the proposed rule.
ADDRESSES: Send written comments to: Judy Feigler, Michigan Regulatory Specialist, U.S. Environmental Protection Agency, Region 5, Waste, Pesticides and Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, Illinois 60604. You may examine copies of the materials submitted by Michigan during normal business hours at the following addresses: EPA, Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604, contact Judy Feigler, (312) 886-4179; or Michigan Department of Environmental Quality, 608 W. Allegan, Hannah Building, Lansing, Michigan, contact: Ms. Ronda Blayer, (517) 353-9548.
FOR FURTHER INFORMATION CONTACT: Judy Feigler, Michigan Regulatory Specialist, U.S. Environmental Protection Agency, Region 5, Waste, Pesticides and Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, Illinois 60604, (312) 886-4179.
SUPPLEMENTARY INFORMATION: The EPA published an immediate final rule in the Federal Register of October 29, 1998 (63 FR 57912), announcing final authorization of Michigan for revisions to its hazardous waste management program under RCRA and HSWA. The Agency has explained the reasons for this authorization in that document. The immediate final rule became effective on December 28, 1998. A portion of the State's hazardous waste program for which the State is seeking authorization was inadvertently left out of the immediate final rule. This document corrects the omissions as follows: page 57915, the third column, is amended by inserting the phrase ``as amended on April 17, 1995 (60 FR 19165); and May 12, 1995 (60 FR 25619)'' after the phrase ``February 9, 1995, 60 FR 7824.''
In addition, EPA inadvertently did not publish public notice of the decision in newspapers in the State as required by 40 CFR 271.21(b)(3)(i)(B). EPA will publish public notice in the appropriate newspapers concurrent with publication of this document in the Federal Register. Therefore, since EPA is committed to its policy of ensuring public involvement in the decision-making process, EPA will accept public comments until April 1, 1999. Effective March 2, 1999, the immediate final rule published on October 29, 1998 (63 FR 57912) granting final authorization of Michigan's revised hazardous waste management program is stayed until June 1, 1999 to allow for the extended comment period. If no adverse comments are received by the end of the extended comment period, the stay will expire and the corrected immediate final rule will become effective on June 1, 1999. If EPA does receive adverse written comments during the extended comment period, EPA will revoke the October 29, 1999 immediate final rule, and withdraw this correction before its effective date. EPA will then address the comments in a later final rule based on the proposed rule.
You may examine copies of the materials submitted by Michigan during normal business hours at the locations indicated in the ADDRESSES section of this document. EPA may not provide additional opportunity for comment. Any parties interested in commenting must do so at this time.
For further information, see the document published in the Rules section of this Federal Register.
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. 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 rule 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.
Submission to Congress and the Comptroller General
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. The 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 today's Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Dated: February 16, 1999. David A. Ullrich, Acting Regional Administrator, Region 5.
[FR Doc. 99-4823Filed3-1-99; 8:45 am]
BILLING CODE 6560-50-P
