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[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37994-37995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16395]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-RCRA-2011-0524; FRL_9929-92-OSWER]

Polychlorinated Biphenyls (PCBs): Revisions to Manifesting 
Regulations; Item Number

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency) 
is issuing a technical amendment to correct references in the 
regulations to the item number for the Special Handling Instructions 
Box on the manifest form (EPA Form 8700-22). This document is being 
issued to amend the regulations by correcting these references.

DATES: This final rule is effective on July 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-RCRA-2011-0524. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., 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 through 
www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, 
WJC West Building, Room 3334, 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 
RCRA Docket is (202) 566-0270.

FOR FURTHER INFORMATION CONTACT: Karen Swetland, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304P), 1200 Pennsylvania Avenue NW., Washington, DC, 20460, Phone: 
703-308-8421; or by email: swetland.karen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to generators, transporters, and designated 
facilities (off-site disposal and commercial storage facilities) 
managing PCB wastes. Potentially affected categories and entities 
include, but are not necessarily limited to:

------------------------------------------------------------------------
                                                 Examples of potentially
        NAICS Description           NAICS Code      affected entities
------------------------------------------------------------------------
Electric Power Distribution......       221122  Generators of PCB waste.
Transportation and Warehousing...        48-49  Transportation of PCB
                                                 waste.
Waste Management and Remediation           562  Facilities that manage
 Services.                                       PCB waste.
------------------------------------------------------------------------

    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 this section could also 
be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. To 
determine whether you or your business may be affected by this action, 
you should carefully examine the applicability provisions in 40 Code of 
Federal Regulations (CFR) part 761. If you have any questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under the FOR FURTHER INFORMATION CONTACT section of this 
document.

B. How can I get copies of this document and other related information?

    The current information is as follows:
     Docket ID No. EPA-HQ-RCRA-2011-0524.
     Federal eRulemaking Portal: http://www.regulations.gov.

II. What does this correction do?

    This technical amendment is being issued to correct the item number 
reference for the Special Handling Instructions Box in 40 CFR part 
761.207(a)(1), (2), and (3). EPA published a document in the Federal 
Register on September 6, 2012 (77 FR 54818), revising Agency 
regulations. That document incorrectly referenced Item 15 to identify 
the Special Handling Instructions box on EPA Form 8700-22. This 
technical amendment is being issued to amend the final rule by revising 
Sec.  761.207(a)(1), (2), and (3) to correctly identify the item number 
as 14.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical amendment 
final without prior proposal and opportunity for comment, because EPA 
is merely correcting information that was referenced incorrectly in the 
previously published final rule. EPA

[[Page 37995]]

finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    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 Procedure 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 (2 U.S.C. 1531-1538). 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.
    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. Because this final action does not 
contain legally binding requirements, it is not subject to the 
Congressional Review Act

List of Subjects in 40 CFR Part 761

    Environmental protection, Manifest, Polychlorinated biphenyls.

    Dated: June 22, 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 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, 
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
1. The authority citation for part 761 continues to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

0
2. Amend Sec.  761.207 by revising paragraphs (a)(1), (a)(2) and (a)(3) 
to read as follows:

Sec.  761.207  The manifest--general requirements.

    (a) * * *
    (1) For each bulk load of PCBs, the identity of the PCB waste, the 
earliest date of removal from service for disposal, and the weight in 
kilograms of the PCB waste. (Item 14--Special Handling Instructions 
box)
    (2) For each PCB Article Container or PCB Container, the unique 
identifying number, type of PCB waste (e.g., soil, debris, small 
capacitors), earliest date of removal from service for disposal, and 
weight in kilograms of the PCB waste contained. (Item 14--Special 
Handling Instructions box)
    (3) For each PCB Article not in a PCB Container or PCB Article 
Container, the serial number if available, or other identification if 
there is no serial number, the date of removal from service for 
disposal, and weight in kilograms of the PCB waste in each PCB Article. 
(Item 14--Special Handling Instructions box)
* * * * *

[FR Doc. 2015-16395 Filed 7-1-15; 8:45 am]
BILLING CODE 6560-50-P
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