Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36365

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 148, 261 and 268

[FRL–6711–4]

Organobromines Production Wastes;

Petroleum Refining Wastes;

Identification and Listing of Hazardous

Waste; Land Disposal Restrictions;

Final Rule and Correcting

Amendments

AGENCY: Environmental Protection

Agency.

ACTION: Final rule; correcting

amendments.

SUMMARY: The Environmental Protection

Agency (EPA) is correcting errors that

appeared in the March 17, 2000 final

rule (65 FR 14472) that announced the

vacature of regulatory provisions

governing the identification of certain

organobromine production wastes as

listed hazardous wastes under the

Resource Conservation and Recovery

Act (RCRA). EPA also is correcting a

typographical error that appeared in the

August 6, 1998 final rule (63 FR 42110)

listing four wastes from the petroleum

refining industry as hazardous.

This final rule creates no new

regulatory requirements. Rather, it

corrects errors associated with the

March 17, 2000 Federal Register

document. The rule also corrects a

typographical error that appeared in the

August 6, 1998 Federal Register

document.

EFFECTIVE DATE: This rule is effective

June 8, 2000.

ADDRESSES: EPA does not seek comment

on this document. EPA will keep the

official records for today’s action in

paper form. The official record for the

Listing Determination for

Organobromine Production Wastes is

identified by Docket Number F–98–

OBLF–FFFFF. The official record for the

Listing Determination for Petroleum

Refining Wastes is Docket Number F–

98–PRLF–FFFFF. The public may view

supporting materials in the RCRA

Information Center (RIC), located at

EPA, Crystal Gateway #1, 1st Floor,

1235 Jefferson Davis Highway,

Arlington, VA. The RIC is open from

9:00 a.m. to 4:00 p.m., Monday through

Friday, excluding Federal holidays. To

review docket materials, we recommend

that you make an appointment by

calling (703) 603–9230. You may copy

a maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15/page.

Supporting materials are available for

viewing in the RCRA Information Center

(RIC), Office of Solid Waste (5305G),

U.S. Environmental Protection Agency

Headquarters, US EPA Ariel Rios (5101),

1200 Pennsylvania Avenue, N.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline at (800) 424–9346 or TDD (800)

553–7672 (hearing impaired). In the

Washington, D.C., metropolitan area,

call (703) 412–9810 or TDD (703) 412–

3323. For information on specific

aspects of the rule, contact Patricia

Overmeyer of the Office of Solid Waste

(5304W), U.S. Environmental Protection

Agency, US EPA Ariel Rios, 1200

Pennsylvania Avenue, N.W.,

Washington, D.C. 20460. (E-mail

address and telephone numbers:

Overmeyer.Patricia @epa.gov, (703)

605–0708.)

SUPPLEMENTARY INFORMATION: The rule,

‘‘Organobromine Production Wastes;

Identification and Listing of Hazardous

Waste; Land Disposal Restrictions;

Listing of CERCLA Hazardous

Substances, Reportable Quantities,’’ was

issued in the Federal Register at 63 FR

24596 (May 4, 1998). The rule vacating

the listing determination for

organobromine production wastes was

issued in the Federal Register at 65 FR

14472 (March 17, 2000). The rule,

‘‘Hazardous Waste Management System;

Identification and Listing of Hazardous

Waste; Petroleum Refining Process

Wastes; Land Disposal Restrictions for

Newly Identified Wastesa; and CERCLA

Hazardous Substance Designation and

Reportable Quantities,’’ was issued the

Federal Register at 63 FR 42110 (August

6, 1998). EPA will keep the official

records for these actions in paper form.

The official records are the paper

records maintained at the address in the

ADDRESSES section.

Contents of this Final Rule

I. Background

II. Amended Regulations

III. Good Cause Exemption from Notice-andComment Rulemaking Procedures

IV. Administrative Assessments

I. Background

On March 17, 2000 EPA published a

final rule announcing the vacature of

regulatory provisions governing the

identification of certain wastes listed as

hazardous. In that final rule, EPA

amended its regulations to conform with

an order issued by the United States

Court of Appeals for the District of

Columbia Circuit (D.C. Cir.) in Great

Lakes Chemical Corporation v. EPA (No.

98–1312). That court order vacated

Agency regulations listing certain

organobromine wastes as hazardous

wastes under the Resource Conservation

and Recovery Act (RCRA). The

hazardous waste listing determinations

that were vacated by the court and

deleted from the regulations in the

March 17, 2000 final rule included the

wastes listed as K140 and U408. The

effect of vacating the hazardous waste

listing determination for these wastes

was to clarify that these two

wastestreams are not subject to the

hazardous waste management and

treatment standards under RCRA, as

well as not subject to emergency

notification requirements for releases of

hazardous substances to the

environment.

On August 6, 1998, EPA amended the

regulations for hazardous waste

management under RCRA to list as

hazardous four wastes generated by the

petroleum refining industry. The effect

of the final rule was to subject the four

wastes to stringent management and

treatment standards under RCRA and to

emergency notification requirements for

releases of hazardous substances to the

environment. As part of this final

regulation, the Agency also amended

the existing listing description for

hazardous waste code F037 in 40 CFR

261.31. The intent of the amendment

was to clarify that residuals generated

from processing or recycling oil-bearing

hazardous secondary materials (which

are excluded from the definition of solid

waste due to the newly promulgated

exclusion at 40 CFR 261.4(a)(12)(i)) that

are not returned to refinery operations

and would otherwise meet a listing

under subpart D of 40 CFR part 261,

were to be designated as F037 listed

wastes when disposed of or intended for

disposal. However, the amending

language included in the August 6, 1998

FR document included a typographical

error that made the intent of the

amendment unclear.

II. Amended Regulations

In the March 17, 2000 final rule

vacating the hazardous waste listings for

K140 and U408, EPA inadvertently

removed and reserved paragraph (f) of

40 CFR 148.18. The Agency should have

removed and reserved paragraph (h) of

40 CFR 148.18. Paragraph (h) of 40 CFR

148.18 is the provision prohibiting the

underground injection of K140 and

U408. Today, EPA is correcting this

error by reinstating paragraph (f) and

removing and reserving paragraph (h) of

40 CFR 148.18.

In addition, in the March 17, 2000

final rule, EPA neglected to delete the

reference to U408 in appendix VII of 40

CFR part 268. Today, EPA is deleting

the reference to U408 in appendix VII to

40 CFR part 268.

36366 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

In the August 6, 1998 final rule, a

typographical error appeared in the

amended listing description for

hazardous waste code F037. Today, EPA

is revising the listing description for

hazardous waste code F037 in 40 CFR

261.31(a) to reflect the Agency’s original

intent of the amendment, as described

in the preamble to the August 6, 1998

final rule.

III. Good Cause Exemption from Noticeand-Comment Rulemaking Procedures

The Administrative Procedure Act

generally requires agencies to provide

prior notice and opportunity for public

comment before issuing a final rule (5

U.S.C. 553(b)). Rules are exempt from

this requirement if the issuing agency

finds for good cause that notice and

comment are unnecessary (5 U.S.C.

553(b)(3)(B)).

EPA has determined that providing

prior notice and opportunity for

comment on today’s notice that corrects

regulations amending the RCRA

hazardous waste management

requirements to comply with the court

decision vacating the hazardous waste

listing determinations for waste codes

K140 and U408, is not necessary. The

regulations are no longer legally in

effect by order of the federal court of

appeals. Thus, amending the hazardous

waste regulations has no legal impact

and only states the current legal status

of the rules.

For the same reasons stated above,

EPA believes there is good cause for

making the amending regulations

immediately effective. (See 5 U.S.C.

553(d))

IV. Administrative Assessments

Today’s amendments to the RCRA

hazardous waste management

regulations only correct errors in

Federal Register documents issued on

March 17, 2000 and August 6, 1998.

These corrections have no regulatory

impact, and do not impose annual costs

of $100 million or more. Therefore, this

action is not a ‘‘significant’’ regulatory

action, as defined by Executive Order

12866, and is not subject to review by

the Office of Management and Budget.

In addition, the amending regulations

promulgated today will have no effect

on small entities. This is evidenced by

the fact that today’s rule only corrects

errors in the CFR. There is no impact on

public or private entities, or on state,

local, and tribal governments. Because

the rule will not have a ‘‘significant’’

economic impact on small entities, a

regulatory flexibility analysis is not

required. Also, this final rule is not

subject to the Executive Order 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62 FR 19885, April 23, 1997),

because it is not economically

significant as defined in Executive

Order 12866, and because the Agency

does not have reason to believe the

environmental health or safety risks

addressed by this action present a

disproportionate risk to children.

Today’s rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3510 et seq.).

Today’s action will have no impact

upon state, local, and tribal

governments, or on the private sector.

The amending regulations promulgated

today reflect current law, there will be

no legal impact on public or private

entities. Therefore, today’s rule is not

subject to the provisions of sections 202,

204 or 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4).

For the same reasons stated above,

this rule 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 (64

FR 43255, August 10, 1999).

This rule does not involve technical

standards; thus, the requirements of

section 12(c) of the National Technology

Transfer and Advancement Act of 1995

(15 U.S.C. 272 note) do not apply. As

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996),

in issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order.

Today’s final rule will have no effect

upon minority and/or low-income

populations. Therefore, today’s rule is

not subject to Executive Order 12898,

‘‘Federal Actions to Address

Environmental Justice in Minority

Populations and Low Income

Populations.’’

List of Subjects

40 CFR Part 148

Environmental Protection

Administrative practice and procedure,

Hazardous waste, Reporting and

recordkeeping requirements, Water

supply.

40 CFR Part 261

Environmental protection, Hazardous

materials, Recycling, Waste treatment

and disposal.

40 CFR Part 268

Environmental protection, Hazardous

materials, Land disposal restrictions,

Reporting and recordkeeping

requirements, Treatment standards,

Waste management.

Dated: May 30, 2000.

Timothy R. Fields, Jr.,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

For the reasons set forth in the

preamble, title 40, chapter 1 of the Code

of Federal Regulations is amended as

follows:

PART 148—HAZARDOUS WASTE

INJECTION RESTRICTIONS

1. The authority citation for part 148

continues to read as follows:

Authority: Sec. 3004, Resource

Conservation and Recovery Act, 42 U.S.C.

6901 et seq.

2. Section 148.18 is amended by

removing and reserving paragraph (h)

and adding paragraph (f), to read as

follows:

§ 148.18 Waste specific prohibitions-newly

listed and identified wastes.

* * * * *

(f) On January 8, 1997, the wastes

specified in 40 CFR 261.32 as EPA

Hazardous waste number K088 is

prohibited from underground injection.

* * * * *

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

3. The authority citation for part 261

continues to read as follows:

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

6921, 6922, 6924(y), and 6938.

4. In § 261.31(a), the table is amended

by revising the entry for F037, to read

as follows:

§ 261.31 Hazardous wastes from nonspecific sources.

(a) * * *

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36367

Industry and EPA

hazardous waste

No.

Hazardous waste Hazard

code

*******

F037 ................... Petroleum refinery primary oil/water/solids separation sludge—Any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oil cooling wastewaters from

petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/solids separators;

tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather

flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from noncontact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges

generated in aggressive biological treatment units as defined in § 261.31(b)(2) (including sludges generated in

one or more additional units after wastewaters have been treated in aggressive biological treatment units) and

K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under § 261.4(a)(12)(i), if those residuals are to be

disposed of.

(T)

*******

* * * * *

PART 268—LAND DISPOSAL

RESTRICTIONS

5. The authority citation for part 268

continues to read as follows:

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

and 6924.

Appendix VII to Part 268 [Amended]

6. In appendix VII to part 268 Table

1 is amended by removing the entry for

U048.

[FR Doc. 00–14321 Filed 6–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301004; FRL–6558–4]

RIN 2070–AB78

Imidacloprid; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for the

combined residues of imidacloprid and

its metabolites containing the 6-

chloropyridinyl moiety, all expressed as

parent in or on stone fruit (Crop Group

12). This action is in response to EPA’s

granting of emergency exemptions

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act authorizing use of the pesticide on

stone fruit. This regulation establishes

maximum permissible levels for

residues of imidacloprid on these food

commodities. The tolerances will expire

and are revoked on December 31, 2001.

DATES: This regulation is effective June

8, 2000. Objections and requests for

hearings, identified by docket control

number OPP–301004, must be received

by EPA on or before August 7, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VII. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, your

objections and hearing requests must

identify docket control number OPP–

301004 in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrew Ertman, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–9367; e-mail address:

ertman.andrew@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

CategoriesNAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under ‘‘FOR FURTHER

INFORMATION CONTACT.’’

B. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301004. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an