Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations 19837

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require OMB review in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 1985, April 23, 1997).

In addition, since these tolerances and

exemptions that are established on the

basis of a petition under FFDCA section

408(d), such as the tolerances in this

final rule, do not require the issuance of

a proposed rule, the requirements of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.) do not apply.

Nevertheless, the Agency has previously

assessed whether establishing

tolerances, exemptions from tolerances,

raising tolerance levels or expanding

exemptions might adversely impact

small entities and concluded, as a

generic matter, that there is no adverse

economic impact. The factual basis for

the Agency’s generic certification for

tolerance actions published on May 4,

1981 (46 FR 24950) and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

VIII. Submission to Congress and the

Comptroller General

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. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 8, 1998.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.430, in paragraph (a) by

alphabetically adding the following

commodities to the table to read as

follows:

§ 180.430 Fenoxaprop-ethyl; tolerances for

residues.

(a) * * *

Commodity Parts per

million

Barley, grain .............................. 0.05

Barley, straw ............................. 0.1

* * * * *

* * * * *

[FR Doc. 98–10395 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 264 and 265

[FRL–6001–8]

Removal of Direct Final Rule for XL

Project at OSi Specialties, Inc.,

Sistersville, WV

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Removal of direct final rule

amendments.

SUMMARY: On March 6, 1998, EPA

published a direct final rule entitled

‘‘Project XL Site-Specific Rulemaking

for OSi Specialties, Inc., Sistersville,

West Virginia’’ at 63 FR 11124–11147.

That Federal Register notice provided

that the direct final rule would be

withdrawn if relevant adverse

comments were received by March 27.

Because EPA received such comments,

EPA is now removing the amendments

made by the direct final rule.

EFFECTIVE DATE: April 22, 1998.

ADDRESSES: Docket. A docket containing

documents relevant to this action is

available for public inspection and

copying at the EPA’s docket office

located at Crystal Gateway, 1235

Jefferson Davis Highway, First Floor,

Arlington, Virginia. The public is

encouraged to phone in advance to

review docket materials. Appointments

can be scheduled by phoning the Docket

Office at (703) 603–9230. Refer to RCRA

docket number F–98–MCCP–FFFFF.

A duplicate copy of the docket is

available for inspection and copying at

U.S. EPA, Region 3, 841 Chestnut Street,

Philadelphia, PA 19107–4431, during

normal business hours. Persons wishing

to view the duplicate docket at the

Philadelphia location are encouraged to

contact Mr. Tad Radzinski in advance,

by telephoning (215) 566–2394.

FOR FURTHER INFORMATION CONTACT:

Mr. Tad Radzinski, U.S. Environmental

Protection Agency, Region 3 (3WC11),

Waste Chemical Management Division,

841 Chestnut Street, Philadelphia, PA

19107–4431, (215) 566–2394.

SUPPLEMENTARY INFORMATION: A

companion proposal to the direct final

rule was published in the March 6, 1998

Federal Register (63 FR 11200–11202).

EPA will address the comments

received in response to that proposal

but will not institute a second comment

period.

However, persons who stil wish to

comment on the companion proposal

may do so by attending the hearing

announced in the proposed rule section

of today’s Federal Register. In a

subsequent final rule EPA will address

the comments received on the proposed

rule.

The Congressional Review Act, 5

U.S.C. Section 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 the Comptroller General of the

United States. Section 804, however,

exempts from Section 801 the following

types of rules: rules of particular

applicability; rules relating to Agency

management or personnel; and rules of

Agency organization, procedure, or

practice that do not substantially affect

the rights or obligations of non-Agency

parties, 5 U.S.C. Section 804(3). EPA is

not required to submit a rule report

regarding today’s action under Section

801 because this is rule of particular

applicability.

Because the rule now being

withdrawn is currently effective, EPA

also finds that good cause exists under

section 3010(b)(3) of RCRA (42 U.S.C.

6903(b)(3)) to publish this removal of

the site-specific regulation with an

immediate effective date, rather than

having it take effect in 30 days. See 5

U.S.C. 553(d)(3). Today’s removal of the

direct final rule affects only one facility,

and is limited in its scope to a removal

of a temporary conditional deferral of a

relatively narrow set of RCRA

regulations. As such, the deferral was
19838 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations

designed to provide greater flexibility

only to the OSi Specialties, Inc.,

Sistersville Plant, and did not impose or

remove additional regulatory

requirements on other regulated entities.

List of Subjects in 40 CFR Parts 264 and

265

Environmental protection, Air

pollution control, Control device,

Hazardous waste, Monitoring, Reporting

and recordkeeping requirements,

Surface impoundment, Treatment

storage and disposal facility, Waste

determination.

Dated: April 16, 1998.

Carol M. Browner,

Administrator.

Accordingly, 40 CFR Chapter I is

amended as follows:

PART 264—STANDARDS FOR

OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL

FACILITIES

1. The authority citation for part 264

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,

and 6925.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

§ 264.1080 [Amended]

2. Section 264.1080 is amended by

removing paragraphs (f) and (g).

PART 265—INTERIM STATUS

STANDARDS FOR OWNERS AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND

DISPOSAL FACILITIES

3. The authority citation for part 265

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,

6925, and 6935.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

§ 265.1080 [Amended]

4. Section 265.1080 is amended by

removing paragraphs (f) and (g).

[FR Doc. 98–10861 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372

[OPPTS–400082D; FRL–5785–5]

Deletion of Certain Chemicals; Toxic

Chemical Release Reporting;

Community Right-to-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is today amending its

regulations to delete several chemicals

and chemical categories from the list of

chemicals subject to reporting under

section 313 of the Emergency Planning

and Community Right-to-Know Act of

1986 (EPCRA) and section 6607 of the

Pollution Prevention Act of 1990 (PPA).

This action is being taken to comply

with a January 12, 1998 order from the

United States District Court for the

District of Columbia. Because this action

is being taken to conform the

regulations to the court’s order, notice

and comment are not required, and this

rule is effective immediately.

EFFECTIVE DATE: This rule is effective

April 22, 1998.

FOR FURTHER INFORMATION CONTACT:

Daniel R. Bushman, Petitions

Coordinator, 202–260–3882 or e-mail:

bushman.daniel@epamail.epa.gov. For

specific information regarding this

document or for further information on

EPCRA section 313, contact the

Emergency Planning and Community

Right-to-Know Information Hotline,

Environmental Protection Agency, Mail

code 5101, 401 M St., SW., Washington,

DC 20460, Toll free: 1–800–535–0202,

in Virginia and Alaska: 703–412–9877,

or Toll free TDD: 1–800–553–7672.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 30, 1994

(59 FR 61432) (FRL-4922-2), EPA issued

a final rule entitled ‘‘Addition of Certain

Chemicals; Toxic Chemical Release

Reporting; Community Right-to-Know’’

under section 313(d) of EPCRA, 42

U.S.C. 11023(d). That rule added 286

chemicals and chemical categories

(hereinafter collectively ‘‘chemicals’’) to

the list of toxic chemicals subject to

reporting under section 313 of EPCRA,

42 U.S.C. 11023, and section 6607 of the

PPA, 42 U.S.C. 13106(a).

The Chemical Manufacturers

Association (CMA) and several other

plaintiffs filed suits challenging various

aspects of the rule in the United States

District Court for the District of

Columbia. During the pendency of those

cases, EPA and CMA entered into an

agreement whereby EPA consented to

the remand and vacatur of

dimethyldichlorosilane,

methyltrichlorosilane, and

trimethylchlorosilane (hereinafter

collectively ‘‘chlorosilanes’’) which had

been added by the rule. An order to that

effect was issued by the District Court.

Subsequently, the court granted

summary judgment in favor of EPA on

all remaining issues raised in the cases.

See National Oilseed Processors Ass’n,

et al. v. Browner, 924 F. Supp. 1193

(D.D.C. 1996).

On appeal, the Court of Appeals for

the District of Columbia Circuit upheld

the lower court’s decision on all issues

except EPA’s listing of 2,6-

dimethylphenol (DMP) and 2-bromo-2-

nitropropane-1,3-diol (Bronopol). See

Troy Corp., et al. v. Browner, 120 F.3d

277 (D.C. Cir. 1977). As to those

chemicals, by order dated December 16,

1997 the court remanded the District

Court’s decision with instructions to

remand EPA’s action to the Agency for

further proceedings consistent with the

Court of Appeals’ ruling. On CMA’s

motion, the District Court then issued a

January 12, 1998 order (Chemical

Manufacturers Association v. Browner,

et al., No. 1:95CV01673) vacating the

listing of DMP and Bronopol, and

directing EPA to publish a notice

removing chlorosilanes, DMP, and

Bronopol from the EPCRA section 313

list of reportable toxic chemicals.

Accordingly, EPA is issuing this final

rule revising the EPCRA section 313 list

of reportable chemicals in 40 CFR

372.65 to delete chlorosilanes, DMP,

and Bronopol. Under 5 U.S.C.

553(b)(3)(A), the notice-and-comment

requirements of the Federal

Administrative Procedure Act (5 U.S.C.

551-706) do not apply where the Agency

‘‘for good cause finds . . . that notice and

public procedure thereon are

impracticable, unnecessary, or contrary

to the public interest.’’ Because the

District Court’s orders vacate the listing

of chlorosilanes, DMP, and Bronopol

thus rendering those listings without

effect, and because this action is being

taken merely to comply with the court’s

direction and to amend the regulations

so that they reflect the present legal

status of those chemicals, EPA hereby

finds that notice and comment on this

action are unnecessary.

This action is effective immediately

upon publication in the Federal

Register. Under 5 U.S.C. 553(d)(3), 30–

day advance notice of a rule is not

required where the Agency provides

otherwise for good cause. EPA finds that

good cause for an immediate effective

date exists in this case, because as

explained above this rule merely

amends the EPCRA section 313 list of