[Federal Register: June 16, 2005 (Volume 70, Number 115)]
[Rules and Regulations]
[Page 35032-35034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn05-10]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: kayser.robert@epa.gov. 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