Hazardous waste: Identification and listing— Exclusions,

[Federal Register: June 15, 1999 (Volume 64, Number 114)]

[Rules and Regulations]

[Page 31986-31987]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15jn99-14]

[[Page 31986]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[SW-FRL-6359-6]

Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Technical Amendment

AGENCY: Environmental Protection Agency.

ACTION: Technical amendment.

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is amending 40 CFR part 261, appendix IX to delete two facilities that were granted exclusions for their wastes and no longer produce these wastes. The following facilities have been deleted: Tricil Environmental Systems, Inc., Hilliard, Ohio; and Tricil Environmental Systems, Inc., Muskegon, Michigan. Today's amendment documents these changes.

EFFECTIVE DATE: June 15, 1999.

ADDRESSES: The regulatory docket for this rule is located at U.S. EPA, Crystal Gateway I, 1235 Jefferson Davis Highway, ground floor outside main lobby, Arlington, VA 22202, and is available for viewing from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding Federal holidays. The Docket Office can be reached at (703) 603-9230. The reference number for this docket is F-86-TRFE-FFFFF. The public may copy material from the regulatory docket free for the first 100 pages and $0.15 for additional pages.

FOR FURTHER INFORMATION CONTACT: RCRA Hotline, toll free at (800) 424- 9346 or at (703) 412-9810. For technical information contact Mr. Jim Kent, Office of Solid Waste (5304W), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460, (703) 308-0461.

SUPPLEMENTARY INFORMATION:

  1. The Technical Amendment

    On February 8, 1994, EPA published a final rule (59 FR 5725, February 8, 1994) to delete Tricil Environmental Systems, Inc., Hilliard, Ohio; and Tricil Environmental Systems, Inc., Muskegon, Michigan from 40 CFR part 261, appendix IX. EPA inadvertently did not include deleting the two Tricil Environmental Systems, Inc. facilities from Table 2 of appendix IX of 40 CFR part 261; EPA corrects this omission in today's technical amendment by promulgating the appropriate regulatory text.

  2. Background

    Under 40 CFR 260.20 and 260.22 a person may petition EPA to demonstrate that a specific waste from a particular generating facility should not be regulated as a hazardous waste. Based on waste specific information provided by petitioner, EPA granted exclusions to Tricil Environmental Systems, Inc., Hilliard, Ohio (51 FR 41494, November 17, 1986); and Tricil Environmental Systems, Inc., Muskegon, Michigan (51 FR 41494, November 17, 1986).

    EPA decided to delete these two facilities from Appendix IX because these facilities notified EPA that they had ceased operations that generate the excluded waste. Tricil Environmental Systems, Inc., Hilliard, Ohio, ceased generation of the excluded waste on June 30, 1991; and Tricil Environmental Systems, Inc., Muskegon, Michigan, ceased generation of the excluded waste on September 1, 1992.

    In 1993, the above generators confirmed in writing that they no longer generate the delisted waste at their facilities. On October 15, 1993, the Agency notified these facilities of the proposed action and solicited their comments. No comments were received disputing the Agency's intended action. These changes to appendix IX of 40 CFR part 261 are effective June 15, 1999. These facilities would need to submit new delisting petitions if they wish to generate the excluded waste at any time in the future.

  3. Effective Date

    This technical amendment is effective June 15, 1999. EPA has determined that there is good cause for making today's technical amendment final without prior proposal and opportunity for comment because EPA is merely correcting a technical omission in a previously issued rule to delete two facilities from appendix IX, Table 2 that have stopped production of the excluded waste. Thus, notice and public comment are unnecessary. The Agency finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

  4. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is 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 action 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.

  5. Submission to Congress and General Accounting Office

    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 Congress and to the Comptroller General of the United States. The EPA is not required to submit a rule report regarding today's action under section 801 because this is a rule of particular applicability, etc. Section 804 exempts from section 801 the following types of rules: rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedures, or practice that do not substantially affect the rights or obligations of non-agency parties. See 5 U.S.C. 804(3). This rule will become effective on June 15, 1999.

    List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, and Reporting and recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921 (f).

    Dated: June 2, 1999 Elizabeth Cotsworth, Acting Director, Office of Solid Waste.

    For the reasons set out in the preamble, 40 CFR Part 261 is amended as follows:

    [[Page 31987]]

    PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

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

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

      Appendix IX to Part 261 [Amended]

    2. Table 2 of Appendix IX of Part 261 is amended by removing the entries for ``Tricil Environmental Systems, Inc., Hilliard, Ohio'; and ``Tricil Environmental Systems, Inc., Muskegon Michigan.''

      [FR Doc. 99-15170Filed6-14-99; 8:45 am]

      BILLING CODE 6560-50-P

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT