Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 38107 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

* * * * * * * 

Subchapter B—Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone Nonattainment Areas 

Division 1—Beaumont-Port Arthur Ozone Nonattainment Area Major Sources 

* * * * * * * 

Section 117.140 ...... Continuous Demonstration of Compliance.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

Section 117.145 ...... Notification, Recordkeeping, and Reporting Requirements.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

* * * * * * * 

Division 3—Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources 

* * * * * * * 

Section 117.340 ...... Continuous Demonstration of Compliance.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

Section 117.345 ...... Notification, Recordkeeping, and Reporting Requirements.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

* * * * * * * 

Subchapter D—Combustion Control at Minor Sources in Ozone Nonattainment Areas 

Division 1—Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources 

* * * * * * * 

Section 117.2035 .... Monitoring and Testing Requirements ... 2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

Section 117.2045 .... Recordkeeping and Reporting Requirements.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

* * * * * * * 

[FR Doc. E9–18345 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

panetta.sandra@epa.gov. 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 


rmajette on DSK29S0YB1PROD with RULES
38108 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 

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 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 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. 

■ 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 

■ 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. 

■ 2. Section 261.4 paragraph (b)(18) is 

removed. 

[FR Doc. E9–18390 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2008–0418; SW–FRL– 

8933–3] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Direct Final Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is granting a petition 

submitted by WRB Refining, LLC 

Company to exclude (or delist) the 

sludge from its wastewater treatment 

plant generated by WRB Refining, LLC 

Company in Borger, Texas from the lists 

of hazardous wastes. This direct final 

rule responds to the petition submitted 

by WRB Refining, LLC Company to 

delist the thermal desorber residual 

solids with Hazardous Waste Numbers: 

F037, F038, K048, K049, K050, and 

K051. 

After careful analysis and use of the 

Delisting Risk Assessment Software 

(DRAS), EPA has concluded the 

petitioned waste is not hazardous waste. 

This exclusion applies to 5,000 cubic 

yards per year of the thermal desorber 

residual solids with Hazardous Waste 

Numbers: F037, F038, K048, K049, 

K050, and K051. Accordingly, this final 

rule excludes the petitioned waste from 

the requirements of hazardous waste 

regulations under the Resource 

Conservation and Recovery Act (RCRA) 

when it is disposed in a Subtitle D 

Landfill. 

DATES: This direct final rule will be 

effective September 29, 2009 without 

further notice, unless EPA receives 

relevant adverse comments by August 

31, 2009. If EPA receives such comment, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

RCRA–2008–0418 by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov: Follow the online 

instructions for submitting comments. 

2. E-mail: peace.michelle@epa.gov. 

3. Mail: Michelle Peace, 

Environmental Protection Agency, 

Multimedia Planning and Permitting 

Division, RCRA Branch, Mail Code: 

6PD–C, 1445 Ross Avenue, Dallas, TX 

75202. 

4. Hand Delivery or Courier. Deliver 

your comments to: Michelle Peace, 

Environmental Protection Agency, 

Multimedia Planning and Permitting 

Division, RCRA Branch, Mail Code: 

6PD–C, 1445 Ross Avenue, Dallas, TX 

75202. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2008– 

0418. 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.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, 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 http:// 

www.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 


rmajette on DSK29S0YB1PROD with RULES