[Federal Register: February 24, 2003 (Volume 68, Number 36)]
[Rules and Regulations]               
[Page 8553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe03-5]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[FRL-7454-5]
RIN 2003-AA00

 
Regulatory Innovations: Pilot-Specific Rule for Electronic 
Materials in EPA Region III Mid-Atlantic States; Hazardous Waste 
Management System; Modification of the Hazardous Waste Program; Cathode 
Ray Tubes (CRT); Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: Because EPA received adverse comment, we are withdrawing the 
direct final rule for Regulatory Innovations: Pilot-Specific Rule for 
Electronic Materials in EPA Region III Mid-Atlantic States; Hazardous 
Waste Management System; Modification of the Hazardous Waste Program; 
Cathode Ray Tubes (CRT). We published the direct final rule on December 
26, 2002 date (67 FR 78718-78731), to exclude used CRTs and glass 
removed from CRTs from the definition of ``solid waste'' in the EPA 
Region III Mid-Atlantic States (which include the States of Delaware, 
Maryland, and West Virginia and the Commonwealths of Pennsylvania and 
Virginia, and the District of Columbia). We stated in the direct final 
rule that if we received adverse comment by January 27, 2003, we would 
publish a timely withdrawal in the Federal Register. We subsequently 
received adverse comment on the direct final rule. We will address 
those comments in a subsequent final action on the parallel proposal 
also published on December 26, 2002, 67 FR 78761-78763. As stated in 
the parallel proposal, we will not institute a second comment period on 
this action.

DATES: As of February 24, 2003, EPA withdraws the direct final rule 
published at 67 FR 78718-78731, on December 26, 2002.

FOR FURTHER INFORMATION CONTACT: Marie Holman (3EI00), U.S. EPA Region 
III, Office of Environmental Innovation, 1650 Arch Street, 
Philadelphia, PA 19103-2029 or holman.marie@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published a direct final rule on 
December 26, 2002, to exclude (in specified circumstances) used CRTs 
and glass removed from CRTs from the definition of ``solid waste'' in 
the EPA Region III Mid-Atlantic States (which include the States of 
Delaware, Maryland, and West Virginia and the Commonwealths of 
Pennsylvania and Virginia, and the District of Columbia). EPA published 
a companion proposed rule (67 FR 78761-78763) on the same date as the 
direct final rule.
    The companion proposed rule invited comment on the substance of the 
direct final rule and stated that if adverse comment was received by 
January 27, 2003, the direct final rule would not become effective and 
a document would be published in the Federal Register to withdraw the 
direct final rule before the February 24, 2003, effective date. The EPA 
subsequently received adverse comments on the final rule. EPA plans to 
address those comments in a subsequent action. Today's action withdraws 
the direct final rule; the Regulatory Innovations: Pilot-Specific Rule 
for Electronic Materials in the EPA Region III Mid-Atlantic States; 
Hazardous Waste Management System; Modification of the Hazardous Waste 
Program; Cathode Ray Tubes (conditional exclusion for CRTs is not 
approved under 40 CFR part 261).

List of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: February 13, 2003.
Donald S. Welsh, Regional Administrator, Region III.
[FR Doc. 03-4371 Filed 2-21-03; 8:45 am]

BILLING CODE 6560-50-P