18780 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 

encourages these states to proceed 

expeditiously to remove these 

counterpart rules. Once the counterpart 

rules are removed, these states should 

notify their EPA regional office by letter 

to verify the status of the state program. 

VII. Statutory and Executive Order (EO) 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this action is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to OMB review. Because this 

action is not subject to notice and 

comment requirements under the 

Administrative Procedures Act or any 

other statute, it is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) or Sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1999 

(UMRA) (Pub. L. 104–4). In addition, 

this action does not significantly or 

uniquely affect small governments. This 

action does not create new binding legal 

requirements that substantially and 

directly affect Tribes under Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action does not have 

significant Federalism implications 

under Executive Order 13132 (64 FR 

43255, August 10, 1999). Because this 

final rule has been exempted from 

review under Executive Order 12866, 

this final 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) 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). This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before certain actions may take 

effect, the agency promulgating the 

action must submit a report, which 

includes a copy of the action, to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is subject to the CRA, 

and the EPA will submit a rule report 

to each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Solid Waste. 

Dated: April 1, 2015. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 260—HAZARDOUS WASTE 

MANAGEMENT SYSTEM: GENERAL 

■ 1. The authority citation for part 260 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921– 

6927, 6930, 6934, 6935, 6937, 6938, 6939 and 

6974. 

Subpart B—Definitions 

§ 260.10 [Amended] 

■ 2. Section 260.10 is amended by 

removing the definition of 

‘‘Gasification.’’ 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 3. 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. 

■ 4. Section 261.4 is amended by 

revising paragraph (a)(12)(i), and 

removing and reserving paragraph 

(a)(16) to read as follows: 

§ 261.4 Exclusions. 

(a) * * * 

* * * * * 

(12)(i) Oil-bearing hazardous 

secondary materials (i.e., sludges, 

byproducts, or spent materials) that are 

generated at a petroleum refinery (SIC 

code 2911) and are inserted into the 

petroleum refining process (SIC code 

2911—including, but not limited to, 

distillation, catalytic cracking, 

fractionation, or thermal cracking units 

(i.e., cokers)) unless the material is 

placed on the land, or speculatively 

accumulated before being so recycled. 

Materials inserted into thermal cracking 

units are excluded under this paragraph, 

provided that the coke product also 

does not exhibit a characteristic of 

hazardous waste. Oil-bearing hazardous 

secondary materials may be inserted 

into the same petroleum refinery where 

they are generated, or sent directly to 

another petroleum refinery and still be 

excluded under this provision. Except 

as provided in paragraph (a)(12)(ii) of 

this section, oil-bearing hazardous 

secondary materials generated 

elsewhere in the petroleum industry 

(i.e., from sources other than petroleum 

refineries) are not excluded under this 

section. Residuals generated from 

processing or recycling materials 

excluded under this paragraph (a)(12)(i), 

where such materials as generated 

would have otherwise met a listing 

under subpart D of this part, are 

designated as F037 listed wastes when 

disposed of or intended for disposal. 

* * * * * 

(16) [Reserved] 

* * * * * 

§ 261.38 [Removed and Reserved] 

■ 5. Remove and reserve § 261.38. 

[FR Doc. 2015–07992 Filed 4–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1991–0006; FRL–9925– 

83–Region 8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan National Priorities List: Deletion 

of the Midvale Slag Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 8 

announces the deletion of the Midvale 

Slag Superfund Site (Site), located in 

Salt Lake County, Utah, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Utah, through the Utah 

Department of Environmental Quality 

(UDEQ), have determined that all 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 18781 

appropriate response actions under 

CERCLA, other than operation, 

maintenance and five-year reviews of 

the Site, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This action is effective April 8, 

2015. 

ADDRESSES: 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–HQ–SFUND–1991–0006. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov or in hard 

copy at Ruth Tyler Branch Library, 8041 

South Wood, Midvale, UT 84047; 

Phone: (801–944–7641); Hours: M–Th: 9 

a.m.–9 p.m.; Fri–Sat: 9:00 a.m.–5:30 

p.m. 

FOR FURTHER INFORMATION CONTACT: Erna 

Waterman, Remedial Project Manager, 

U.S. EPA Region 8, Mail code: 8EPR– 

SR, 1595 Wynkoop Street, Denver, CO 

80202–1129; Phone: (303) 312–6762; 

Email: waterman.erna@epa.gov. You 

may contact Erna to request a hard copy 

of publicly available docket materials. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Midvale 

Slag Superfund Site (Site), located in 

Salt Lake County, Utah. A Notice of 

Intent to Delete for this Site was 

published in the Federal Register (80 

FR 6496) on February 5, 2015. 

The closing date for comments on the 

Notice of Intent to Delete was March 9, 

2015. One public comment was 

received. The comment requested that 

the Site not be deleted over concerns 

that water quality in the Jordan River 

would not be protected from the 

potential release of hazardous 

substances from the Kennecott North 

and Kennecott South Sites. The EPA 

believes the deletion action is 

appropriate as the remediation goals for 

this Site have been met and the water 

monitoring data shows that the Jordan 

River is not being adversely affected by 

this Site. A responsiveness summary 

was prepared and placed in both the 

docket, EPA–HQ–SFUND EPA–HQ– 

SFUND–1991–0006, on 

www.regulations.gov, and in the local 

repository listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: March 26, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757; 

3 CFR, 1991 Comp., p. 351; E.O. 12580. 52 

FR 2923, 3 CFR 1987 Comp., p. 193. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry ‘‘UT 

Midvale Slag, Midvale.’’ 

[FR Doc. 2015–07950 Filed 4–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140107014–4014–01] 

RIN 0648–XD868 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial Salmon Fisheries; 

Inseason Actions #1 and #2 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons; 

request for comments. 

SUMMARY: NMFS announces two 

inseason actions in the ocean salmon 

fisheries. These inseason actions 

modified the commercial salmon 

fisheries in the area from the Cape 

Falcon, OR, to Point Arena, CA. 

DATES: The effective dates for the 

inseason actions are set out in this 

document under the heading Inseason 

Actions. Comments will be accepted 

through April 23, 2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0005, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0005, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, West Coast 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–6349 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 

Background 

In the 2014 annual management 

measures for ocean salmon fisheries (79 

FR 24580, May 1, 2014), NMFS 

announced the commercial and 

recreational fisheries in the area from 

the U.S./Canada border to the U.S./

Mexico border, beginning May 1, 2014, 

and 2015 salmon seasons opening 

earlier than May 1, 2015. NMFS is 

authorized to implement inseason 

management actions to modify fishing 

seasons and quotas as necessary to 

provide fishing opportunity while 

meeting management objectives for the 

affected species (50 CFR 660.409). 

Inseason actions in the salmon fishery 

may be taken directly by NMFS (50 CFR 


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