Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 18777 

Zilpaterol in 

grams/ton Combination in grams/ton Indications for use Limitations Sponsor 

*******

(9) 6.8 to 24 ....... Monensin 10 to 40, plus 

tylosin 8 to 10, plus 

melengestrol acetate to 

provide 0.25 to 0.5 mg/

head/day.

Heifers fed in confinement for slaughter: For 

increased rate of weight gain, improved 

feed efficiency, and increased carcass 

leanness in cattle fed in confinement for 

slaughter during the last 20 to 40 days on 

feed; for prevention and control of coccidiosis due to Eimeria bovis and E. 

zuernii; and for reduction of incidence of 

liver abscesses caused by Fusobacterium 

necrophorum and Arcanobacterium 

(Actinomyces) pyogenes; and for suppression of estrus (heat).

Feed continuously to heifers 

during the last 20 to 40 

days on feed to provide 60 

mg zilpaterol hydrochloride 

per head per day. See 

§§ 558.342(d), 558.355(d), 

and 558.625(c). Monensin 

and tylosin as provided by 

No. 000986; melengestrol 

acetate as provided by No. 

054771 in § 510.600(c) of 

this chapter. Withdrawal 

period: 3 days.

000061 

Dated: April 3, 2015. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2015–08025 Filed 4–7–15; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 522 

[Docket No. FDA–2015–N–0002] 

Implantation or Injectable Dosage 

Form New Animal Drugs; Withdrawal 

of Approval of New Animal Drug 

Application; Fomepizole 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of withdrawal. 

SUMMARY: The Food and Drug 

Administration (FDA) is withdrawing 

approval of a new animal drug 

application (NADA) for a fomepizole 

injectable solution used as an antidote 

for ethylene glycol poisoning in dogs. 

This action is being taken at the 

sponsor’s request because this product 

is no longer manufactured or marketed. 

DATES: Withdrawal of approval is 

effective April 20, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Sujaya Dessai, Center for Veterinary 

Medicine (HFV–212), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9075, 

sujaya.dessai@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Paladin 

Labs (USA), Inc., 160 Greentree Dr., 

suite 101, Dover, DE 19904 has 

requested that FDA withdraw approval 

of NADA 141–075 for ANTIZOL–VET 

(fomepizole) Injection because the 

product is no longer manufactured or 

marketed. 

Therefore, under authority delegated 

to the Commissioner of Food and Drugs 

and redelegated to the Center for 

Veterinary Medicine, and in accordance 

with § 514.116 Notice of withdrawal of 

approval of application (21 CFR 

514.116), notice is given that approval 

of NADA 141–075, and all supplements 

and amendments thereto, is hereby 

withdrawn. 

Elsewhere in this issue of the Federal 

Register, FDA is amending the animal 

drug regulations to reflect the voluntary 

withdrawal of approval of this 

application. 

Dated: April 3, 2015. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2015–08024 Filed 4–7–15; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2015–0118; FRL_9923–12– 

OSWER] 

Response to Vacaturs of the 

Comparable Fuels Rule and the 

Gasification Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is revising regulations 

associated with the comparable fuels 

exclusion and the gasification 

exclusion, originally issued by EPA 

under the Resource Conservation and 

Recovery Act (RCRA). These revisions 

implement vacaturs ordered by the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit), on June 27, 2014. 

DATES: Effective April 8, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2015–0118. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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: 

Office of Resource Conservation and 

Recovery, Materials Recovery and Waste 

Management Division, MC 5304P, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460, Tracy Atagi, at (703) 308– 

8672, (atagi.tracy@epa.gov) or Frank 

Behan, at (703) 308–8476, behan.frank@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Preamble Outline 

I. General Information 

II. Statutory Authority 

III. Which regulations is EPA removing? 

IV. Background on the Comparable Fuels 

Rule and the Gasification Rule 

V. When will the final rule become effective? 

VI. State Authorization 

VII. Statutory and Executive Order (EO) 

Reviews 


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18778 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 

1See ‘‘Hazardous Waste Combustors; Revised 

Standards,’’ 63 FR 33782 (June 19, 1998). 

2See ‘‘Regulation of Oil-Bearing Hazardous 

Secondary Materials From the Petroleum Refining 

Industry Processed in a Gasification System To 

Produce Synthesis Gas,’’ 73 FR 57–72 (Jan. 2, 2008). 

3Synthesis gas is a type of fuel that may be 

burned for the recovery of energy. 

I. General Information 

A. Does this action apply to me? 

Today’s final rule applies to 

generators, transporters, and facilities 

treating, storing, disposing or otherwise 

managing hazardous wastes previously 

excluded from RCRA regulation under 

the comparable fuels rule or previously 

excluded from RCRA regulation under 

the gasification rule. EPA has not 

identified any entities currently 

operating under the gasification rule, 

but has identified 31 facilities that 

appear to be managing previouslyexcluded comparable fuels. A list of 

these facilities is available in the docket 

for today’s rule (Docket ID no. EPA– 

HQ–RCRA–2015–0118). 

B. Why is EPA issuing a final rule? 

Section 553 of the Administrative 

Procedure Act, 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 rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for removing these provisions without 

prior proposal and opportunity for 

comment, because these revisions are 

consistent with court orders vacating 

these rules. As a matter of law, the 

orders issued by the United States Court 

of Appeals for the District of Columbia 

Circuit on June 27, 2014, vacated the 

‘‘comparable fuels rule’’ and the 

gasification rule issued by EPA under 

the Resource Conservation and 

Recovery Act (RCRA), 42 U.S.C. 6901, et 

seq. It is, therefore, unnecessary to 

provide notice and an opportunity for 

comment on this action, which merely 

carries out the court’s orders. For the 

same reasons, EPA finds that it has good 

cause to make the revisions effective 

under 5 U.S.C. 553(d) and section 

3010(b) of RCRA 42 U.S.C. 6930(b). 

II. Statutory Authority 

These regulations are promulgated 

under the authority of sections 2002, 

3001, 3002, 3003, 3004, 3006, 3007, 

3010, and 3017 of the Solid Waste 

Disposal Act of 1970, as amended by the 

Resource Conservation and Recovery 

Act of 1976 (RCRA), as amended by the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA), 42 

U.S.C. 6921, 6922, 6923, and 6924. This 

statute is commonly referred to as 

‘‘RCRA.’’ 

III. Which regulations is EPA 

removing? 

EPA is removing provisions at 40 CFR 

261.4(a)(16) and 40 CFR 261.38 related 

to comparable fuels, and revising 40 

CFR 261.4(a)(12)(i) by removing 

gasification from the list of specific 

petroleum refining processes into which 

oil-bearing hazardous secondary 

materials may be inserted. The effect of 

the removal of 40 CFR 261.4(a)(16) and 

261.38 will be to make comparable fuels 

that were previously excluded from the 

RCRA definition of solid waste subject 

to regulation under RCRA subtitle C. 

The removal of gasification from 40 CFR 

261.4(a)(12)(i) will prevent hazardous 

secondary materials generated at 

petroleum refineries from being inserted 

into gasifiers at refineries without being 

deemed hazardous wastes and therefore 

being subject to hazardous waste 

regulations under RCRA subtitle C. As 

a result of these previously excluded 

materials now being identified as 

hazardous waste under 40 CFR 261.3, 

facilities burning these materials will be 

subject to regulation as Hazardous 

Waste Combustors under 40 CFR part 63 

subpart EEE, as well as applicable 

regulations under RCRA subtitle C. 

IV. Background on the Comparable 

Fuels Rule and the Gasification Rule 

A. The Comparable Fuels Rule 

EPA promulgated the Comparable 

Fuels Rule in 1998.1 The rule provided 

that fuels made from materials 

identified as hazardous wastes were 

excluded from the RCRA definition of 

solid waste if, as generated or after 

treatment and blending, they were 

sufficiently comparable to commercial 

fossil fuels for which they were 

substituted with respect to levels of 

hazardous constituents and physical 

properties that affect fuel burning 

efficiency, such as viscosity and heating 

value. Because the fuels, as burned, 

would contain contaminants no greater 

than commercial fossil fuels, and were 

otherwise indistinguishable from the 

fossil fuels that would be burned in 

their place, EPA found that the 

comparable fuels would pose no greater 

risk than commercial fuels when 

burned, and could be legitimately 

classified as non-waste fuels rather than 

as solid and hazardous waste fuels. 

The Agency took the position that 

comparable fuels were not being 

‘‘discarded’’ within the meaning of the 

definition of solid waste in RCRA 

section 1004(27), 42 U.S.C. 6903(27). 

RCRA defines solid wastes, for relevant 

purposes, as materials that have been 

discarded in the plain sense of the term, 

meaning that the material has been 

thrown away, disposed of or abandoned. 

Under RCRA a material regulated as a 

hazardous waste must first be a solid 

waste—that is, a discarded material. 

Thus, even though the comparable fuels 

were derived from materials that are 

listed hazardous wastes, EPA had 

concluded that fuels that met specified 

comparability criteria were not solid 

wastes because they looked no different 

from commercial fuels. 

The comparable fuels rule was 

vacated by United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit), on June 27, 2014 

(Natural Resources Defense Council v. 

EPA, 755 F. 3d 1010 (June 27, 2014)). In 

its decision, the court held that the 

unambiguous language of section 

3004(q) requires that fuels produced 

from hazardous wastes must remain 

classified as hazardous wastes under 

subtitle C (other than in limited 

specified instances not relevant here). 

Section 3004(q), according to the court, 

unequivocally provides that EPA 

‘‘shall’’ promulgate regulations as 

‘‘may’’ be necessary to protect human 

health and the environment for the 

production of fuels from ‘‘any’’ 

materials identified as hazardous waste 

under RCRA. All hazardous secondary 

materials from which the comparable 

fuels were made were identified in 

RCRA regulations as hazardous wastes. 

On November 3, 2014, the court 

granted EPA’s motion to stay the 

issuance of the mandate for the 

comparable fuels rule until March 30, 

2015, in order to allow affected facilities 

time to come into compliance with 

applicable subtitle C regulations. 

B. Gasification Rule 

Under the gasification rule, which 

was promulgated in 2008,2 EPA 

determined that oil-bearing hazardous 

secondary materials, even though 

otherwise identified as hazardous 

wastes under RCRA if discarded, are not 

in fact discarded and not solid wastes if 

they are inserted into a gasification unit 

located at a petroleum refinery to 

produce synthesis gas.3 Therefore, they 

were excluded from hazardous waste 

regulation. 

The gasification rule was vacated by 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. 

Circuit), on June 27, 2014. (Sierra Club 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 18779 

v. EPA, 755 F. 3d 968).The court held, 

similar to its decision on the 

Comparable Fuels Rule, that the 

Gasification Rule violates the plain 

language of RCRA section 3004(q) 

because fuels produced from hazardous 

wastes remain solid and hazardous 

wastes. Thus, all hazardous wastes 

inserted into a gasification unit at 

petroleum refineries remain subject to 

RCRA regulations as hazardous wastes. 

The court issued its mandate for the 

vacatur of the gasification rule on 

November 3, 2014. 

V. When will the final rule become 

effective? 

The removal of the comparable fuels 

exclusion and the revisions removing 

gasification as an exclusion are effective 

immediately. 

VI. State Authorization 

A. Applicability of Rules in Authorized 

States 

Under section 3006 of RCRA, EPA 

may authorize a qualified state to 

administer and enforce a hazardous 

waste program within the state in lieu 

of the federal program, and to issue and 

enforce permits in the state. A state may 

receive authorization by following the 

approval process described in 40 CFR 

271.21 (see 40 CFR part 271 for the 

overall standards and requirements for 

authorization). EPA continues to have 

independent authority to bring 

enforcement actions under RCRA 

sections 3007, 3008, 3013, and 7003. An 

authorized state also continues to have 

independent authority to bring 

enforcement actions under state law. 

After a state receives initial 

authorization, new federal requirements 

promulgated under RCRA authority 

existing prior to the 1984 Hazardous 

and Solid Waste Amendments (HSWA) 

do not apply in that state until the state 

adopts and receives authorization for 

equivalent state requirements. In 

contrast, under RCRA section 3006(g) 

(42 U.S.C. 6926(g)), new federal 

requirements and prohibitions imposed 

under subtitle C pursuant to HSWA 

provisions take effect in authorized 

states at the same time that they take 

effect in unauthorized states. As such, 

EPA carries out the HSWA requirements 

and prohibitions in authorized states, 

including the issuance of new permits 

implementing those requirements, until 

EPA authorizes the state to do so. 

Authorized states are required to 

modify their programs only when EPA 

enacts federal requirements that are 

more stringent or broader in scope than 

the existing federal requirements. RCRA 

section 3009 allows the states to impose 

standards more stringent than those in 

the federal program (see also 40 CFR 

271.1(i)). Therefore, authorized states 

are not required to adopt federal 

regulations that are considered less 

stringent than previous federal 

regulations or that narrow the scope of 

the RCRA program. Previously 

authorized hazardous waste regulations 

would continue to apply in those states. 

B. Effect on State Authorization of D.C. 

Circuit Court Vacaturs 

On March 30, 2015, the D.C. Circuit 

Court issued its mandate, effectuating 

the vacatur of the comparable fuels rule, 

as described earlier in this document. 

The mandate for the gasification rule 

was issued on November 3, 2014. The 

court’s vacaturs mean that these federal 

rules are legally null and void. 

Therefore, the court’s mandates 

reinstate the regulatory status of the 

materials previously in effect as if the 

vacated rules never existed. Because 

excluded comparable fuels and gasified 

hazardous waste were, or would have 

been, previously regulated as discarded 

solid waste, these materials, if 

hazardous, must be handled as 

hazardous waste in compliance with 

requirements applicable to the 

generation, transportation, treatment, 

storage, or disposal of hazardous waste 

after March 30, 2015. At the federal 

level, because the effect of the vacaturs 

means, in essence, that these rules 

should not have been promulgated, this 

document simply removes them from 

the exclusions in the federal regulations. 

At the state level, because no state rules 

were challenged in the litigation, the 

court decision does not affect any state 

exclusions. However, the vacaturs do 

have an impact on the authorization 

status of states. The multiple scenarios 

that exist in the states are discussed 

below. 

1. States Without Final RCRA 

Authorization 

For states that have no RCRA 

authorization status (Iowa, Alaska), the 

vacaturs simply mean that the federal 

rules will no longer be in effect in those 

states and by this document, EPA is 

alerting interested parties of the removal 

of the vacated rules from the Code of 

Federal Regulations. The subject 

materials are federally regulated and 

EPA may bring enforcement actions 

under RCRA Section 3008 at facilities 

that do not comply with the RCRA 

hazardous waste regulations. The state 

programs are completely unaffected by 

the vacaturs and these states do not 

have to modify their programs in any 

way regardless of how they currently 

regulate the materials. 

2. States That Have Final Authorization 

but Did Not Promulgate Similar Rules 

For states that have been authorized 

under RCRA but did not adopt rules 

similar to the comparable fuels and 

gasification rules (and therefore were 

not authorized for them), there were no 

federal comparable fuels and 

gasification rules in effect prior to 

vacatur because the federal comparable 

fuels and gasification rules were less 

stringent than the federal hazardous 

waste regulations and states were not 

required to adopt or become authorized 

for these rules. Therefore, these vacaturs 

will have no effect on the authorization 

status in these states. The subject 

materials remain regulated under the 

authorized state hazardous waste 

program and EPA may continue to bring 

enforcement actions under RCRA 

Section 3008 at facilities that do not 

comply with the RCRA hazardous waste 

regulations. These states do not have to 

modify their programs. 

3. States That Adopted Similar Rules 

But Are Not Yet Authorized for Them 

For states that have adopted similar 

rules but have not yet been authorized 

for them, the vacatur of the federal rules 

will not change the authorization status 

of the state programs. The authorization 

status that was established prior to the 

adoption of the state counterpart rules 

remains in effect and EPA may continue 

to bring enforcement actions under 

RCRA Section 3008 at facilities that do 

not comply with the RCRA hazardous 

waste regulations. The vacaturs and 

subsequent removal of the federal rules 

will result in state programs that are less 

stringent than the federal program as 

long as state provisions that exclude the 

subject materials from regulation remain 

in effect in the state programs. EPA 

encourages these states to expeditiously 

remove these rules from their programs. 

4. States That Adopted Similar Rules 

and Have Been Authorized for Them 

For states that have previously been 

authorized for the comparable fuels and 

gasification rules, the effect of the 

vacaturs is that the previously 

authorized comparable fuels and 

gasification rules from the state program 

will no longer be considered part of the 

federally authorized program. Thus, 

EPA may bring enforcement actions 

under RCRA Section 3008 at facilities 

that do not comply with the RCRA 

hazardous waste regulations. In other 

words, the authorization status of the 

state program that was in place prior to 

authorization of the state comparable 

fuels and gasification rules is reinstated 

with regard to these rules. EPA strongly 


asabaliauskas on DSK5VPTVN1PROD with RULES
18780 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 

encourages these states to proceed 

expeditiously to remove these 

counterpart rules. Once the counterpart 

rules are removed, these states should 

notify their EPA regional office by letter 

to verify the status of the state program. 

VII. Statutory and Executive Order (EO) 

Reviews 

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 Procedures 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 of 1999 

(UMRA) (Pub. L. 104–4). 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. 

Congressional Review Act 

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. This action is subject to the CRA, 

and the EPA will submit a rule report 

to each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Solid Waste. 

Dated: April 1, 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 260—HAZARDOUS WASTE 

MANAGEMENT SYSTEM: GENERAL 

■ 1. The authority citation for part 260 

continues to read as follows: 

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

6927, 6930, 6934, 6935, 6937, 6938, 6939 and 

6974. 

Subpart B—Definitions 

§ 260.10 [Amended] 

■ 2. Section 260.10 is amended by 

removing the definition of 

‘‘Gasification.’’ 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 3. 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. 

■ 4. Section 261.4 is amended by 

revising paragraph (a)(12)(i), and 

removing and reserving paragraph 

(a)(16) to read as follows: 

§ 261.4 Exclusions. 

(a) * * * 

* * * * * 

(12)(i) Oil-bearing hazardous 

secondary materials (i.e., sludges, 

byproducts, or spent materials) that are 

generated at a petroleum refinery (SIC 

code 2911) and are inserted into the 

petroleum refining process (SIC code 

2911—including, but not limited to, 

distillation, catalytic cracking, 

fractionation, or thermal cracking units 

(i.e., cokers)) unless the material is 

placed on the land, or speculatively 

accumulated before being so recycled. 

Materials inserted into thermal cracking 

units are excluded under this paragraph, 

provided that the coke product also 

does not exhibit a characteristic of 

hazardous waste. Oil-bearing hazardous 

secondary materials may be inserted 

into the same petroleum refinery where 

they are generated, or sent directly to 

another petroleum refinery and still be 

excluded under this provision. Except 

as provided in paragraph (a)(12)(ii) of 

this section, oil-bearing hazardous 

secondary materials generated 

elsewhere in the petroleum industry 

(i.e., from sources other than petroleum 

refineries) are not excluded under this 

section. Residuals generated from 

processing or recycling materials 

excluded under this paragraph (a)(12)(i), 

where such materials as generated 

would have otherwise met a listing 

under subpart D of this part, are 

designated as F037 listed wastes when 

disposed of or intended for disposal. 

* * * * * 

(16) [Reserved] 

* * * * * 

§ 261.38 [Removed and Reserved] 

■ 5. Remove and reserve § 261.38. 

[FR Doc. 2015–07992 Filed 4–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1991–0006; FRL–9925– 

83–Region 8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan National Priorities List: Deletion 

of the Midvale Slag Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 8 

announces the deletion of the Midvale 

Slag Superfund Site (Site), located in 

Salt Lake County, Utah, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Utah, through the Utah 

Department of Environmental Quality 

(UDEQ), have determined that all 


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