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[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Rules and Regulations]               
[Page 61356-61358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 261

[EPA-R06-RCRA-2008-0418; SW-FRL-9209-8]

 
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: On July 31, 2009, EPA published a direct final action granting 
a petition submitted by WRB Refining, LLC Company to exclude (or 
delist) the thermal desorber residual solids with Hazardous Waste 
Numbers: F037, F038, K048, K049, K050, and K051. In the July 31, 2009 
rule, EPA inadvertently recorded the arsenic delisting level as 0.0129 
mg/l. The arsenic delisting limit should be 1.29 mg/l. We are making 
this correction in this document.

DATES: This action is effective October 5, 2010.

FOR FURTHER INFORMATION CONTACT: Michelle Peace (214) 665-7430, or e-
mail her at peace.michelle@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published an approval for 5,000 cubic 
yards of thermal desorber residual solids. The arsenic delisting 
exclusion limit in the direct final rule is incorrect. Therefore, in 
this correction notice we are correcting the arsenic value limit and 
correcting it in Table 1 of appendix IX to part 261--Waste Excluded 
Under Sec. Sec.  260.20 and 260.22. 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 procedures are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. We 
have determined that there is such good cause for making today's rule 
final without prior proposal and opportunity for comment because we are 
merely correcting the error which was included in a previous action. 
Thus, notice and public procedure are unnecessary.

[[Page 61357]]

Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this rule is not of general applicability 
and therefore is not a regulatory action subject to review by the 
Office of Management and Budget (OMB). This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because it applies to a 
particular facility only. Because this rule is of particular 
applicability relating to a particular facility, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Because 
this rule will affect only a particular facility, it will not 
significantly or uniquely affect small governments, as specified in 
section 203 of UMRA. Because this rule will affect only a particular 
facility, this proposed 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, ``Federalism,'' (64 
FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply 
to this rule. Similarly, because this rule will affect only a 
particular facility, this proposed rule does not have tribal 
implications, as specified in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 
2000). Thus, Executive Order 13175 does not apply to this rule. This 
rule also is not subject to 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. The basis for 
this belief is that the Agency used the DRAS program, which considers 
health and safety risks to infants and children, to calculate the 
maximum allowable concentrations for this rule. 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. This rule 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. As required by section 3 of Executive Order 12988, ``Civil 
Justice Reform,'' (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. 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 this action under section 801 because this is a rule of 
particular applicability. Section 808 allows the issuing agency to make 
a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. As stated 
previously, we made such a good cause finding, including the reasons 
therefore and established an effective date of October 5, 2010. This 
correction to the WRB Refining, LLC, located in Borger, TX exclusion is 
not a ``major rule'' as defined by 5 U.S.C. 804 et seq (2).

Lists of Subjects in 40 CFR Part 261

    Environmental protection, Hazardous waste, Recycling, Reporting and 
recordkeeping requirements.

    Authority: Sec. 3001(f) RCRA, 42 U.S.C. 6921(f).

    Dated: September 23, 2010.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division.

0
For the reasons set out in the preamble, 40 CFR part 261 is amended as 
follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
1. The authority citation for Part 261 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.

0
2. In Tables 1 of Appendix IX to Part 261 revise paragraph (1) of the 
entry for ``WRB Refining LLC'' the following waste stream in 
alphabetical order by facility to read as follows:

Appendix IX to Part 261--Wastes Excluded Under Sec. Sec.  260.20 and 
260.22

            Table 1--Waste Excluded From Non-Specific Sources
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           Facility                  Address         Waste description
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                              * * * * * * *
WRB Refining, LLC.............  Borger, TX.......  (1) Delisting Levels:
                                                    All concentrations
                                                    for those
                                                    constituents must
                                                    not exceed the
                                                    maximum allowable
                                                    concentrations in mg/
                                                    l specified in this
                                                    paragraph.
                                                   Thermal Desorber
                                                    Residual Solid
                                                    Leachable
                                                    Concentrations (mg/
                                                    l): Antimony--0.165;
                                                    Arsenic--1.29;
                                                    Barium--54.8;
                                                    Beryllium--0.119;
                                                    Cadmium--0.139;
                                                    Chromium--3.23;
                                                    Chromium,
                                                    Hexavalent--3.23;
                                                    Cobalt--20.7;
                                                    Copper--38.6;
                                                    Cyanide--4.69; Lead--
                                                    1.07; Mercury--
                                                    0.104; Nickel--20.6;
                                                    Selenium--1.0;
                                                    Silver--5.0; Tin--
                                                    3790.00; Vanadium--
                                                    1.46; Zinc--320.0.

                              * * * * * * *
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[[Page 61358]]

[FR Doc. 2010-24925 Filed 10-4-10; 8:45 am]
BILLING CODE 6560-50-P
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