[Federal Register Volume 69, Number 205 (Monday, October 25, 2004)]
[Proposed Rules]
[Pages 62237-62238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23841]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 262

[OA-2004-0004; FRL-7829-9]
RIN 2090-AA13


National Environmental Performance Track Program, Parallel 
Proposal To Direct Final Rule for RCRA Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: This proposed rulemaking is a parallel proposal to the direct 
final rulemaking EPA is also publishing today. EPA is taking direct 
final action on the National Environmental Performance Track Program, 
Direct Final Rule for RCRA Corrections. The revisions concern the 
proposed rule published on August 13, 2002 (67 FR 52674), and the 
subsequent final rule published on April 22, 2004 (69 FR 21737). Both 
the 2002 proposal and the 2004 final rule contained an inconsistency 
between the preamble language and regulatory language. The final rule 
also inadvertently omitted three references to applicable regulatory 
provisions that were properly referenced in the proposed rule. We are 
proposing today's revisions to address the inconsistency between the 
preamble and regulatory language, and to correct the inadvertently 
omitted applicable regulatory provisions.
    In the ``Rules and Regulations'' section of today's Federal 
Register, we are approving these revisions and corrections in a direct 
final rulemaking because we view this as a noncontroversial amendment 
and anticipate no adverse comment. We have explained our reasons for 
this approval in the preamble to the direct final rule. If we receive 
no adverse comment, we will not take further action on this proposed 
rule. If we receive adverse comment, we will withdraw the direct final 
rule and it will not take effect, and we will address all public 
comments in a subsequent final rule based on this proposed rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

DATES: Written comments must be received by November 24, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. OA-2004-
0004, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.

[[Page 62238]]

    <bullet> Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
    <bullet> Mail: Mr. Robert D. Sachs, Environmental Protection 
Agency, Mail code 1807T, 1200 Pennsylvania Avenue, Washington, DC 20460 
telephone number 202-566-2884; fax number 202-566-0966; e-mail address: 
<a href="/cdn-cgi/l/email-protection#a9dac8cac1da87dbc6cbccdbdde9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="334052505b401d415c51564147735643521d545c45">[email protected]</span></a>.
    <bullet> Hand Delivery: Office of Environmental Information Docket, 
Environmental Protection Agency, EPA West Building, Room B102, 1301 
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OA-2004-0004. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Office of Environmental Information Docket, EPA/DC, EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Office 
of Environmental Information Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Mr. Robert D. Sachs, Performance 
Incentives Division, Office of Business and Community Innovation, 
Office of Policy, Economics and Innovation, Office of Administrator, 
Mail Code 1807T, United States Environmental Protection Agency, 1200 
Pennsylvania Avenue, Washington, DC 20460 telephone number 202-566-
2884; fax number 202-566-0966; e-mail address: <a href="/cdn-cgi/l/email-protection#89fae8eae1faa7fbe6ebecfbfdc9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="a3d0c2c0cbd08dd1ccc1c6d1d7e3c6d3c28dc4ccd5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This document concerns revisions to the 
Resource Conservation and Recovery Act to address an inconsistency 
between the preamble and regulatory language at 67 FR 52674 and 69 FR 
21737, and to correct three inadvertently omitted applicable regulatory 
provisions at 69 FR 21737. The revisions proposed here are identical to 
those contained in the Direct Final Rule located in the ``Rules and 
Regulations'' section of this Federal Register publication. Please 
refer to the preamble and regulatory text of the direct final action 
for further information and the actual text of the revisions. 
Additionally, all information regarding Statutory and Executive Orders 
for this proposed rule can be found in the Statutory and Executive 
Order Review section of the direct final action.

    Dated: October 19, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-23841 Filed 10-22-04; 8:45 am]
BILLING CODE 6560-50-P


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