[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Rules and Regulations]
[Pages 38107-38109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18390]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-8937-9]
Autoliv ASP Inc. Facility in Promontory, UT, 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 9, 2001 which modified the regulations
under the Resource, Conservation and Recovery Act (RCRA) to enable the
implementation of the Autoliv XL 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 31, 2009.
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
[email protected]. Further information on today's action may also
be obtained on the Internet at http://www.epa.gov/projectxl/autoliv/index.htm.
SUPPLEMENTARY INFORMATION: EPA is withdrawing the final rule which was
published on May 9, 2001 (66 FR 23617) in response to Autoliv's request
in a letter to the State of Utah dated October 7, 2003 to withdraw the
XL project. The final rule granted Autoliv an exemption under Project
XL from the definition of hazardous waste for treatment of waste in an
on-site Metals Recovery Furnace (MFR) at the Promontory Facility
instead of sending the materials off-site to be treated. Prior to
implementation of the project, new criteria were set forth by the Utah
Division of Air Quality in the MACT standard for dioxins. The project
became economically impracticable given the added cost to upgrade
Autoliv's facility to meet the new requirement and the project was not
implemented. Discontinuing the XL project will have no environmental
impact. All reporting requirements in 40 CFR 261.4(b)(18) are
discontinued.
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
[[Page 38108]]
for making today's rule final without prior proposal and opportunity
for comment because EPA is withdrawing a rule that no longer applies to
the company and the company has notified us that the project was not
implemented. The 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. This rule is
of particular applicability because it applies to one facility and
therefore it falls outside the scope of Executive Order 12866.
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. In addition, 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), therefore 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
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or Tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
Tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. 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).
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action
withdraws a rule that was not implemented.
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 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)
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). 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
[[Page 38109]]
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 in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Waste
treatment and disposal.
Dated: July 24, 2009.
Lisa P. Jackson,
Administrator.
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For the reasons set forth in the preamble, part 261 of chapter I of
title 40 of the Code of Federal Regulations is 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.
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2. Section 261.4 paragraph (b)(18) is removed.
[FR Doc. E9-18390 Filed 7-30-09; 8:45 am]
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