US Filter Recovery Services, Inc., Under Project XL, 37858-37861 [E8-15005]
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37858
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
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., nor does it 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).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do 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.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not 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 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).
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report 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
Pesticide Chemical
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148788–55–0/148812–654–1
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ACTION:
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261 and 266
mstockstill on PROD1PC66 with RULES
[FRL–8687–6]
RIN 2090–AA15
US Filter Recovery Services, Inc.,
Under Project XL
Environmental Protection
Agency (EPA).
AGENCY:
18:15 Jul 01, 2008
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Aliphatic
alkyl quaternaries, Food-contact
sanitizers, Pesticides and pests,
Quaternary ammonium compounds,
Reporting and recordkeeping
requirements.
Dated: June 10, 2008.
Frank Sanders,
Director, Antimicrobials Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDed]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.940 is amended by
alphabetically adding an entry to the
table in paragraph (a) to read as follows:
I
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
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(a) * * *
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When ready for use, the end-use concentration of
these specific ammonium compounds is not to exceed 240 ppm of active quaternary ammonium
compound.
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Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is withdrawing a final
rule published on May 22, 2001 which
modified the regulations under the
Resource, Conservation and Recovery
Act (RCRA) to enable the
implementation of the US Filter
Recovery Services, Inc. (USFRS) project
that was developed under EPA’s Project
eXcellence in Leadership (Project XL)
program. Project XL was a national pilot
program that allowed state and local
governments, businesses and federal
facilities to work with EPA to develop
more cost-effective ways of achieving
environmental and public health
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Limits
[FR Doc. E8–14880 Filed 7–1–08; 8:45 am]
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List of Subjects in 40 CFR Part 180
CAS Reg. No.
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Quaternary ammonium compounds, didecyl
dimethyl ammonium carbonate/didecyl dimethyl ammonium bicarbonate
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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).
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protection. In exchange, EPA provided
regulatory, policy or procedural
flexibilities to conduct the pilot
experiments.
The final rule is effective August
1, 2008.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sandra Panetta, Mail Code 1870T, U.S.
Environmental Protection Agency,
Office of Policy, Economics and
Innovation, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460. Ms.
Panetta’s telephone number is (202)
566–2184 and her e-mail address is
panetta.sandra@epa.gov. Further
information on today’s action may also
be obtained on the Internet at https://
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Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
www.epa.gov/projectxl/usfilter/
index.htm.
SUPPLEMENTARY INFORMATION: EPA is
withdrawing the final rule which
published on May 22, 2001 (66 FR
28066) in response to USFRS’s decision
not to go forward with the XL project
and the Minnesota Pollution Control
Agency’s (MPCA) decision not to
promulgate an enabling revision to
USFRS’s permit. EPA provided USFRS
with the regulatory flexibility to carry
out a pilot project involving the use,
storage and collection of ion exchange
canisters for interested and approved
USFRS customers under Project XL. The
final rule was to remain in effect until
5 years from the date that MPCA revised
USFRS’s permit incorporating the
changes required by the rule. Following
the publication of the final rule, USFRS
changed ownership. The new owners
have chosen not to go forward with the
XL project and therefore the project
terminated by default under the change
of ownership clause in the site-specific
rule. MPCA did not initiate the required
changes to USFRS’s permit.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s rule final without
prior proposal and opportunity for
comment because EPA is withdrawing a
rule that can no longer be implemented.
The company changed ownership and
the project terminated by default
because the new owners did not wish to
continue the project. The rule no longer
applies to the company and removal of
the rule has no legal effect. Notice and
public procedure would serve no useful
purpose and is thus unnecessary. EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
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A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under the Executive
Order.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. because it is
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withdrawing a rule that was not
implemented and does not impose any
new requirements.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
Today’s final rule is not subject to the
Regulatory Flexibility Act (RFA), which
generally requires an agency to prepare
a regulatory flexibility analysis for any
rule that will have a significant
economic impact on a substantial
number of small entities. The RFA
applies only to rules subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
(APA) or any other statute. This rule is
not subject to notice and comment
requirements under the APA or any
other statute because it withdraws a rule
that applied to only one facility and
does not impose any new requirements.
Because the agency has made a ‘‘good
cause’’ finding that this action is not
subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute [see
SUPPLEMENTARY INFORMATION section], it
is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
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37859
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today’s rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector. The rule imposes no
enforceable duty on any State, local or
tribal governments or the private sector.
(Note: The term ‘‘enforceable duty’’ does
not include duties and conditions in
voluntary federal contracts for goods
and services.) Because the agency has
made a ‘‘good cause’’ finding that this
action is not subject to notice-andcomment requirements under the
Administrative Procedure Act or any
other statute [see SUPPLEMENTARY
INFORMATION section], it is not subject to
sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4).
E. Executive Order 13132 (Federalism)
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), 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
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Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
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 final rule does not have
federalism implications. It will not 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, as specified in
Executive Order 13132. This rule
withdraws a rule that was specific to
one facility. Thus, Executive Order
13132 does not apply to this rule.
F. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), 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.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. This final rule
withdraws a rule that was not
implemented. Thus, Executive Order
13175 does not apply to this rule.
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G. Executive Order 13045: ‘‘Protection
of Children From Environmental Health
Risks and Safety Risks’’
(62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency. EPA interprets Executive Order
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 Executive Order 13045 because it
does not establish an environmental
standard intended to mitigate health or
safety risks.
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H. Executive Order 13211 (Energy
Effects)
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer
Advancement Act
As noted in the proposed rule,
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) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations.
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
has determined that this final rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. This
rule applies to one facility and
withdraws a rule that was not
implemented.
K. The Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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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. Section 804
exempts from section 801 the following
types of rules (1) rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
of agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report
regarding today’s action under section
801 because it is a rule of particular
applicability and does not impose any
new requirements.
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 266
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
Dated: June 26, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, parts 261 and 266 of chapter
I of title 40 of the Code of Federal
Regulations are amended as follows:
I
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
I
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y) and 6938.
2. Section 261. 6 is amended by
revising paragraph (a)(2) introductory
text and removing paragraph (a)(2)(v) to
read as follows:
I
§ 261. 6 Requirements for recyclable
materials.
(a) * * *
(2) The following recyclable materials
are not subject to the requirements of
this section but are regulated under
subparts C through N of part 266 of this
chapter and all applicable provisions in
parts 270 and 124 of this chapter:
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Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
PART 266—STANDARDS FOR THE
MANAGEMENT OF SPECIFIC
HAZARDOUS WASTES AND SPECIFIC
TYPES OF HAZARDOUS WASTE
MANAGEMENT FACILITIES
3. The authority citation for part 266
continues to read as follows:
I
Authority: 42 U.S.C. 1006, 2002(a), 3001–
3009, 3014, 6905, 6906, 6912, 6921, 6922,
6924–6927, 6934, and 6937.
I
4. Subpart O is removed.
[FR Doc. E8–15005 Filed 7–1–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 43
[WC Docket No. 07–38; FCC 08–148]
Development of Nationwide Broadband
Data To Evaluate Reasonable and
Timely Deployment of Advanced
Services to All Americans,
Improvement of Wireless Broadband
Subscribership Data, and Development
of Data on Interconnected Voice Over
Internet Protocol (VoIP)
Subscribership
Federal Communications
Commission.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: In the Order on
Reconsideration (Order), the Federal
Communications Commission
(Commission) amends the FCC Form
477 data collection to collect additional
data on broadband service
subscriptions. The Commission
modifies Form 477 to require broadband
providers to report the percentage of
broadband connections in service that
are residential.
DATES: The requirements in this
document contain information
collection requirements that have not
been approved by the Office of
Management and Budget (OMB). The
Commission will publish a document in
the Federal Register announcing the
effective date.
FOR FURTHER INFORMATION CONTACT:
Alan Feldman, Wireline Competition
Bureau, Industry Analysis and
Technology Division, (202) 418–0940.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration in WC Docket No. 07–
38, adopted on June 11, 2008, and
released on June 12, 2008. The complete
text of this Order on Reconsideration is
available for public inspection Monday
through Thursday from 8 a.m. to 4:30
p.m. and Friday from 8 a.m. to 11:30
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17:12 Jul 01, 2008
Jkt 214001
a.m. in the Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, Room CY–A257,
445 12th Street, SW., Washington, DC
20554. The complete text is available
also on the Commission’s Internet site at
https://www.fcc.gov. Alternative formats
are available for persons with
disabilities by contacting the Consumer
and Governmental Affairs Bureau, at
(202) 418–0531, TTY (202) 418–7365, or
at fcc504@fcc.gov. The complete text of
the decision may be purchased from the
Commission’s duplicating contractor,
Best Copying and Printing, Inc., Room
CY–B402, 445 12th Street, SW.,
Washington, DC 20554, telephone (202)
488–5300, facsimile (202) 488–5563,
TTY (202) 488–5562, or e-mail at
fcc@bcpiweb.com.
Synopsis of Order on Reconsideration
1. On June 12, 2008, the Commission
released Development of Nationwide
Broadband Data to Evaluate Reasonable
and Timely Deployment of Advanced
Services to All Americans, Improvement
of Wireless Broadband Subscribership
Data, and Development of Data on
Interconnected Voice over Internet
Protocol (VoIP) Subscribership, WC
Docket No. 07–38, Report and Order and
Further Notice of Proposed Rulemaking,
FCC 08–89 (Form 477 Order) (published
elsewhere in this issue). Pursuant to
section 1. 108 of the Commission’s
rules, 47 CFR 1. 108, the Commission
reconsiders on its own motion the
reporting requirements of Form 477 as
adopted by the Form 477 Order. In
particular, the Commission expands the
Form 477 Order’s broadband connecting
reporting requirement to also require
reporting of the percentage of residential
broadband connections.
2. While comments in the record for
the Form 477 Order show support for
distinguishing residential services from
business services, the Commission
maintained the pre-existing requirement
to report the percentage of residential
broadband connections at the state
level. On May 13, 2008, after the
Commission adopted the Form 477
Order, representatives from AT&T and
Free Press met with the Commission to
discuss the feasibility of extending the
existing requirement that providers
report state-wide percentages of
residential lines to the Census Tract
level. These parties proposed an
approach that, subject to certain
assumptions, would enable reporting of
the percentage of residential broadband
connections at the Census Tract level.
The Commission finds that proposed
approach reasonable, and therefore
adopts such a requirement, as discussed
below.
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37861
3. On reconsideration, the
Commission concludes that extending
the existing residential percentage
reporting requirement will improve its
understanding of the scope of
broadband deployment and will assist
the Commission’s ongoing efforts to
foster increased deployment of
broadband services to residential
customers in accordance with the
Commission’s obligation under section
706 of the Telecommunications Act of
1996, to an extent that outweighs the
cost to providers. The Commission
therefore requires wired, terrestrial fixed
wireless, and satellite broadband service
providers to report, for each Census
Tract and each speed tier in which the
provider offers service, the number of
subscribers and the percentage of
subscribers that are residential. For
terrestrial mobile wireless broadband
service providers, which only report
broadband connection at the state level
under the Form 477 Order as adopted,
the Commission does not modify the
obligation for such providers to report
percentage of residential broadband
connections at the state level. As in the
Form 477 Order, the Commission finds
that granting a blanket exemption to
small carriers would undercut the
benefits of the revised information
collection by depriving the Commission
and other parties of adequate
information on broadband deployment
and adoption in rural, unserved, and
underserved areas of the nation, the
areas where additional information is
most needed and would be likely to
have the greatest impact. Additionally,
the Commission notes that all Form 477
filers must currently submit, for each
state in which they provide service, the
percentage of their broadband
subscribers that are residential. The
Commission concludes that any
incremental burden associated with
providing this information on the
Census Tract basis is outweighed by the
utility of the data the Commission will
obtain. The Commission thus applies
the revised requirement to all
broadband service providers, regardless
of size. However, we note that the Form
477 Order created an alternative form of
reporting this information which we
retain but modify slightly here. See
Form 477 Order, paras. 15, 32. Upon a
showing of significant hardship,
reporting entities may report a list of
service addresses or GIS coordinates of
service, along with the speed and
technology of service offered at each
address and whether the subscriber at
that service address is a residential or
business subscriber, in lieu of the
requirement to report subscriber counts
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]]>Agencies
[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37858-37861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15005]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261 and 266
[FRL-8687-6]
RIN 2090-AA15
US Filter Recovery Services, Inc., Under Project XL
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing a
final rule published on May 22, 2001 which modified the regulations
under the Resource, Conservation and Recovery Act (RCRA) to enable the
implementation of the US Filter Recovery Services, Inc. (USFRS) project
that was developed under EPA's Project eXcellence in Leadership
(Project XL) program. Project XL was a national pilot program that
allowed state and local governments, businesses and federal facilities
to work with EPA to develop more cost-effective ways of achieving
environmental and public health protection. In exchange, EPA provided
regulatory, policy or procedural flexibilities to conduct the pilot
experiments.
DATES: The final rule is effective August 1, 2008.
FOR FURTHER INFORMATION CONTACT: Sandra Panetta, Mail Code 1870T, U.S.
Environmental Protection Agency, Office of Policy, Economics and
Innovation, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Ms.
Panetta's telephone number is (202) 566-2184 and her e-mail address is
panetta.sandra@epa.gov. Further information on today's action may also
be obtained on the Internet at https://
[[Page 37859]]
www.epa.gov/projectxl/usfilter/index.htm.
SUPPLEMENTARY INFORMATION: EPA is withdrawing the final rule which
published on May 22, 2001 (66 FR 28066) in response to USFRS's decision
not to go forward with the XL project and the Minnesota Pollution
Control Agency's (MPCA) decision not to promulgate an enabling revision
to USFRS's permit. EPA provided USFRS with the regulatory flexibility
to carry out a pilot project involving the use, storage and collection
of ion exchange canisters for interested and approved USFRS customers
under Project XL. The final rule was to remain in effect until 5 years
from the date that MPCA revised USFRS's permit incorporating the
changes required by the rule. Following the publication of the final
rule, USFRS changed ownership. The new owners have chosen not to go
forward with the XL project and therefore the project terminated by
default under the change of ownership clause in the site-specific rule.
MPCA did not initiate the required changes to USFRS's permit.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because EPA is withdrawing a rule
that can no longer be implemented. The company changed ownership and
the project terminated by default because the new owners did not wish
to continue the project. The rule no longer applies to the company and
removal of the rule has no legal effect. Notice and public procedure
would serve no useful purpose and is thus unnecessary. EPA finds that
this constitutes good cause under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
because it is withdrawing a rule that was not implemented and does not
impose any new requirements.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
Today's final rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice and comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice and comment requirements under the APA or any
other statute because it withdraws a rule that applied to only one
facility and does not impose any new requirements. Because the agency
has made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedure Act
or any other statute [see SUPPLEMENTARY INFORMATION section], it is not
subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, local or tribal governments or the private sector. (Note:
The term ``enforceable duty'' does not include duties and conditions in
voluntary federal contracts for goods and services.) Because the agency
has made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedure Act
or any other statute [see SUPPLEMENTARY INFORMATION section], it is not
subject to sections 202 and 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4).
E. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), 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
[[Page 37860]]
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 final rule does not have federalism implications. It will not
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,
as specified in Executive Order 13132. This rule withdraws a rule that
was specific to one facility. Thus, Executive Order 13132 does not
apply to this rule.
F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
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.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. This final
rule withdraws a rule that was not implemented. Thus, Executive Order
13175 does not apply to this rule.
G. Executive Order 13045: ``Protection of Children From Environmental
Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997) applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency. EPA interprets Executive Order
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 Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
As noted in the proposed rule, 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) directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This action does not involve
technical standards. Therefore, EPA did not consider the use of any
voluntary consensus standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations.
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. This rule applies to one facility and withdraws a rule
that was not implemented.
K. The 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. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because it is a rule of particular applicability and does not impose
any new requirements.
List of Subjects
40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 266
Environmental protection, Hazardous waste, Recycling, Reporting and
recordkeeping requirements.
Dated: June 26, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set forth in the preamble, parts 261 and 266 of chapter
I of title 40 of the Code of Federal Regulations are amended as
follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
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. 6 is amended by revising paragraph (a)(2) introductory
text and removing paragraph (a)(2)(v) to read as follows:
Sec. 261. 6 Requirements for recyclable materials.
(a) * * *
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
N of part 266 of this chapter and all applicable provisions in parts
270 and 124 of this chapter:
* * * * *
[[Page 37861]]
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
0
3. The authority citation for part 266 continues to read as follows:
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6921, 6922, 6924-6927, 6934, and 6937.
0
4. Subpart O is removed.
[FR Doc. E8-15005 Filed 7-1-08; 8:45 am]
BILLING CODE 6560-50-P
