Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35147

regarding today’s action under section

801 because this is a rule of particular

applicability.

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 28, 1998.

Filing a petition for reconsideration by

the Regional Administrator of this final

rule does not affect the finality of this

rule for the purposes of judicial review

nor does it extend the time within

which a petition for judicial review may

be filed, and shall not postpone the

effectiveness of such rule or action. This

action to approve VOC RACT

determinations for a number of

individual sources in Pennsylvania as a

revision to the Commonwealth’s SIP

may not be challenged later in

proceedings to enforce its requirements.

(See section 307(b)(2).)

F. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR

19885, April 23, 1997), applies to any

rule that is (1) likely to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

the Agency has reason to believe that

the environmental health or safety risk

addressed by the rule may have a

disproportionate effect on children. If a

regulatory action meets both criteria, the

Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ because this is not an

‘‘economically significant’’ regulatory

action as defined by E.O. 12866, and

because it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: May 13, 1998.

William Wisniewski,

Acting Regional Administrator, Region III.

40 CFR part 52, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(132) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(132) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC RACT, submitted on April 16,

1996 and March 24, 1998 by the

Pennsylvania Department of

Environmental Protection.

(i) Incorporation by reference.

(A) Two (2) letters submitted by the

Pennsylvania Department of

Environmental Protection transmitting

source-specific VOC RACT

determinations in the form of operating

permits on the following dates: April 16,

1996 and March 24, 1998.

(B) Operating permits (OP):

(1) The Fibre-Metal Products

Company (Delaware County), OP 23–

0025, effective February 20, 1998,

except for the expiration date and

conditions Nos. 16 and 17 relating to

non-RACT provisions.

(2) Finnaren & Haley, Inc.

(Montgomery County), OP 46–0070,

effective March 5, 1998, except for the

expiration date and conditions Nos. 13

and 15 relating to non-RACT provisions.

(3) Fres-co System USA, Inc. (Bucks

County), OP 09–0027, effective March 5,

1998, except for the expiration date and

conditions No. 22 relating to non-RACT

provisions.

(4) Graphic Packaging Corporation

(Chester County), OP 15–0013, effective

February 28, 1998, except for the

expiration date and conditions Nos. 19

and 20 relating to non-RACT provisions.

(5) Montour Oil Service Company

(Lycoming County), OP 41–0013,

effective March 19, 1998, except for the

expiration date and conditions Nos. 7

and 9 relating to non-RACT provisions.

(6) Atlantic Refining and Marketing

Corporation (Northumberland County),

OP 49–0015, effective March 19, 1998,

except for the expiration date and

conditions Nos. 8 and 10 relating to

non-RACT provisions.

(7) Transwall Corporation (Chester

County), OP 15–0025, effective March

10, 1998, except for the expiration date

and conditions Nos. 15, 19, and 21

relating to non-RACT provisions.

(8) Tavo Packaging, Inc. (Bucks

County), OP 09–0008, effective

November 8, 1995 except for the

expiration date and condition No. 7

relating to non-RACT provisions.

(ii) Additional material.

(A) Remainder of the Commonwealth

of Pennsylvania’s April 16, 1996 and

March 24, 1998 VOC and NOX RACT

SIP submittals for the relevant sources.

(B) Additional clarifying material

submitted by Pennsylvania: Letter dated

March 24, 1998 from James M. Seif,

Secretary, Pennsylvania Department of

Environmental Protection providing

additional information on Tavo

Packaging, Inc.

[FR Doc. 98–17117 Filed 6–26–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 148, 268, and 271

[FRL–6115–4]

RIN 2050–AD79

Organobromine Production Wastes;

Identification and Listing of Hazardous

Waste; Land Disposal Restrictions:

Listing of CERCLA Hazardous

Substances, Reportable Quantities;

Final Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical amendment.

SUMMARY: On May 4, 1998, EPA

published regulations listing two

organobromine production wastes as

hazardous. It also set land disposal

restrictions prohibitions and treatment

standards for those wastes. This

document corrects purely technical

errors in the final regulations.

EFFECTIVE DATE: This rule is effective on

June 29, 1998.

ADDRESSES: Supporting materials for the

final rule are available for viewing in

the RCRA Information Center (RIC),

located at Crystal Gateway One, 1235

Jefferson Davis Highway, First Floor,

Arlington, VA. The Docket

Identification Number is F–98–OBLF–

FFFFF. The RCRA Docket is open from

9 a.m. to 4 p.m. Monday through Friday,

except for Federal holidays. The public

must make an appointment to review

docket materials by calling (703) 603–

9230. The public may copy a maximum

of 100 pages from any regulatory

document at no cost. Additional copies

cost $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For

general information contact the RCRA

Hotline at (800) 424–9346 (toll free) or

(703) 920–9810 in the Washington, DC
35148 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

metropolitan area. For information on

this notice contact Rhonda Minnick

(5302W), Office of Solid Waste, 401 M

Street, S.W., Washington, DC 20460,

(703) 308–8771.

SUPPLEMENTARY INFORMATION: This rule

is available on the Internet. Please

follow these instructions to access the

rule electronically: From the World

Wide Web (WWW), type http://

www.epa.gov/epaoswer, then select

option for Rules and Regulations.

The official record for this action is

kept in a paper format, and is

maintained at the address in the

ADDRESSES section at the beginning of

this document.

I. Reasons and Basis for Today’s

Amendment

The Agency has found a number of

purely technical errors in the final rule.

Today’s amendment makes technical

corrections where appropriate.

II. Amendments to the Final Rule

A. Section 148.18

Paragraph (f) of § 148.18 stated that

the effective date of the prohibition for

the underground injection of

organobromine production wastes was

August 3, 1998, the date 90 days from

date of publication. This is in error. A

waste cannot be prohibited from land

disposal, including underground

injection, before it is a hazardous waste.

The wastes do not become hazardous

until November 4, 1998, six months

from the date of publication (63 FR

24596). Therefore, the effective date for

§ 148.18 is being amended to conform

with the effective date of the listing,

November 4, 1998.

B. Section 268.33

Paragraph (b) of § 268.33 is

unnecessary and is thus being removed.

The paragraph stated that the

organobromine production wastes could

be land disposed between May 4, 1998

and November 4, 1998 only in a unit

meeting minimum technological

requirements. Such a prohibition does

not make sense, however, because the

organobromine production wastes are

not hazardous until November 4, 1998.

To clarify that there is no prohibition on

land disposal of these wastes between

May 4, 1998 and November 4, 1998,

paragraph (b) is omitted, paragraph (c)

is designated as (b), and paragraph (d)

is designated as (c).

Paragraph (c) (new paragraph (b)) is

amended so that it no longer references

paragraph (b), the paragraph being

omitted as discussed above. Removal of

this unneccesary cross-reference will

make new paragraph (b) much easier to

understand.

Paragraph (d) (new paragraph (c))

included language that applies only to

wastes that display a hazardous

characteristic. It stated: ‘‘If the waste

contains constituents (including

underlying hazardous constituents in

characteristic wastes that have been

diluted to remove the characteristic) in

excess of the applicable Universal

Treatment Standard levels of § 268.48 of

this Part, the waste is prohibited from

land disposal, and all requirements of

Part 268 are applicable, except as

otherwise specified.’’ The italicized

phrase does not apply to organobromine

production wastes because they are

wastes that are listed as hazardous

rather than ones that display a

hazardous characteristic. The phrase is

removed by this action.

C. Section 268.40

There was a mistake in the treatment

standard table for K140. The table

erroneously stated that the treatment

standard for 2,4,6-Tribromophenol

wastewaters was 0.35. The treatment

standard is corrected to be 0.035, which

conforms to the wastewater treatment

standards for 2,4,6-Tribromophenol in

U408, and in the Universal Treatment

Standards table.

D. Section 271.1

There were two mistakes in § 271.1(j),

Table 2. The effective dates in Table 2

appeared as August 3, 1998, and May 4,

2000. Both of these dates were incorrect.

They are corrected by this amendment

to be November 4, 1998.

III. Rationale for Immediate Effective

Date

Today’s notice does not create any

new regulatory requirements; rather, it

clarifies requirements by correcting a

number of errors in the May 4, 1998

final rule. For these reasons, EPA finds

that good cause exists under section

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

9903(b)(3), to provide for an immediate

effective date. See generally 61 FR at

15662. For the same reasons, EPA finds

that there is good cause under 5 U.S.C.

553(b)(3) to promulgate today’s

corrections in final form and that there

is good cause under 5 U.S.C. 553(b)(3)

to waive the requirement that

regulations be published at least 30 days

before they become effective.

IV. Analysis Under Executive Order

12866, the Unfunded Mandates Reform

Act of 1995, the Regulatory Flexibility

Act, the Paperwork Reduction Act,

National Technology Transfer and

Advancement Act of 1995, and

Executive Order 13045

Under Executive Order 12866, this

action is not a ‘‘significant regulatory

action’’ and is therefore not subject to

review by the Office of Management and

Budget. In addition, this action does not

impose annual costs of $100 million or

more, will not significantly or uniquely

affect small governments, and is not a

significant federal intergovernmental

mandate. The Agency thus has no

obligations under sections 202, 203, 204

and 205 of the Unfunded Mandates

Reform Act. Moreover, since this action

is not subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute, it is

not subject to sections 603 or 604 of the

Regulatory Flexibility Act, and it does

not affect requirements under the

Paperwork Reduction Act. Section 12(d)

of the National Technology Transfer and

Advancement Act of 1995 (NTTAA),

Pub. L. No. 104–113, Section 12(d) (15

U.S.C. 272 note) directs EPA to use

voluntary consensus standards in its

regulatory activities unless to do so

would be inconsistent with applicable

law or otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards. Neither

this technical correction action nor the

final rule involve technical standards.

Therefore, EPA did not consider the use

of any voluntary standards in this

rulemaking. This final rule is not subject

to E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because this action is

not an economically significant rule,

and it does not involve decisions on

environmental health risks or safety

risks that may disproportionately affect

children.

V. Submission to Congress and the

General Accounting Office

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
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35149

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 808 allows

the issuing agency to make 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. 5 U.S.C. 808(2). As

stated previously, EPA has made such a

good cause finding, including the

reasons therefore, and established an

effective date of June 29, 1998. 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 the rule in the Federal

Register. This action is [is not] a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 148

Environmental protection,

Administrative practice and procedure,

Hazardous waste, Reporting and

recordkeeping requirements, Water

supply.

40 CFR Part 268

Hazardous waste, Reporting and

recordkeeping requirements.

40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous materials transportation,

Hazardous waste, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Dated: June 18, 1998.

Timothy Fields, Jr.,

Acting Assistant Administrator, Office of

Solid Waste and Emergency Response.

For the reasons set forth in the

preamble, title 40, chapter I 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

revising paragraph (f) to read as follows:

§ 148.18 Hazardous waste injection

restrictions.

* * * * *

(f) Effective November 4, 1998, the

wastes specified in 40 CFR 261.32 as

EPA Hazardous Waste number K140,

and in 40 CFR 261.33(f) as EPA

Hazardous Waste number U408 are

prohibited from injection.

PART 268—LAND DISPOSAL

RESTRICTIONS

3. The authority citation for Part 268

continues to read as follows:

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

and 6924.

4. Section 268.33 is amended by

removing paragraph (b), by

redesignating paragraph (c) as (b), and

paragraph (d) as (c), and revising

redesignated paragraphs (b)

introductory text, and (c) to read as

follows:

§ 268.33 Waste-specific prohibitions—

organobromine wastes.

* * * * *

(b) The requirements of paragraph (a)

of this section do not apply if:

* * * * *

(c) To determine whether a hazardous

waste identified in this section exceeds

the applicable treatment standards

specified in § 268.40, the initial

generator must test a sample of the

waste extract or the entire waste,

depending on whether the treatment

standards are expressed as

concentrations in the waste extract or

the waste, or the generator may use

knowledge of the waste. If the waste

contains constituents in excess of the

applicable Universal Treatment

Standard levels of § 268.48 of this part,

the waste is prohibited from land

disposal, and all requirements of part

268 are applicable, except as otherwise

specified.

5. Section 268.40 is amended by

revising in the table the entry for K140

to read as follows. The appropriate

footnotes are republished without

change.

§ 268.40 Applicability of treatment

standards.

* * * * *

TREATMENT STANDARDS FOR HAZARDOUS WASTES

[Note: NA means not applicable.]

Waste

code

Waste description and treatment/

regulatory subcategory 1

Regulated Hazardous

Constituent

WastewatersNonwastewaters

Common name CAS2 No.

Concentration in

mg/l 3; or technology code 4

Concentration in

mg/kg5 unless

noted as ‘‘mg/l

TCLP’’; or technology code

* * * * * * *

K140 ........ Floor sweepings, off-specification

product, and spent filter media

from the production of 2,4,6

tribromophenol..

2,4,6-Tribromophenol .................. 118–79–6 0.035 7.4

* * * * * * *

Footnotes to Treatment Standard Table 268.40

1The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory Subcategories are provided, as needed, to distinguish between applicability of different standards. 2 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical

with its salts and/or esters, the CAS number is given for the parent compound only. 3 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.

4All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42

Table 1—Technology Codes and Descriptions of Technology-Based Standards.
35150 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

5Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration

were established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264 Subpart O

or Part 265 Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters

are based on analysis of grab samples. 6Where an alternate treatment standard or set of alternate standards has been indicated, a facility may comply with this alternate standard, but

only for the Treatment/Regulatory Subcategory or physical form (i.e., wastewater and/or nonwastewater) specified for that alternate standard. 7Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ‘‘Test Methods

for Evaluating Solid Waste, Physical/Chemical Methods,’’ EPA Publication SW–846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10 grams and a distillation time of one hour and 15 minutes. 8These wastes, when rendered nonhazardous and then subsequently managed in CWA, or CWA-equivalent systems, are not subject to treatment standards. (See § 268.1(c)(3)and (4)). 9These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well, are not subject to treatment standards.

(See § 148.1(d)). 10Between August 26, 1996, and August 26, 1997, the treatment standard for this waste may be satisfied by either meeting the constituent

concentrations in this table or by treating the waste by the specified technologies: combustion, as defined by the technology code CMBST at

§ 268.42 Table 1 of this Part, for nonwastewaters; and, biodegradation as defined by the technolgy code BIODG, carbon adsorption as defined

by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code

CMBST at § 268.42 Table 1 of this Part, for wastewaters. 11For these wastes, the definition of CMBST is limited to: (1) combustion units operating under 40 CFR 266, (2) combustion units permitted

under 40 CFR Part 264, Subpart O, or (3) combustion units operating under 40 CFR 265, Subpart O, which have obtained a determination of

equivalent treatment under 268.42 (b).

PART 271—REQUIREMENTS FOR

AUTHORIZATION OF STATE

HAZARDOUS WASTE PROGRAMS

6. The authority citation for Part 271

continues to read as follows:

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

6926.

Subpart A—Requirements for Final

Authorization

7. Section 271.1(j) is amended by

revising the entries in Table 2 for

August 3, 1998 and for May 4, 2000 to

read as follows:

§ 271.1 Purpose and scope.

* * * * *

(j) * * *

TABLE 2.—SELF-IMPLEMENTING PROVISIONS OF THE SOLID WASTE AMENDMENTS OF 1984

Effective date Self-implementing provision RCRA citation Federal Register reference

* * * * * * *

November 4, 1998 ...... Prohibition on land disposal of newly listed

and identified wastes..

3004(g)(4)(C) and 3004(m) ............................. May 4, 1998; 63 FR

24596

November 4, 1998 ...... Prohibition on land disposal of radioactive

waste mixed with the newly listed and identified wastes, including soil and debris..

3004(m) 3004(g)(4)(C) and 3004(m) .............. Do.

* * * * * * *

* * * * *

[FR Doc. 98–17264 Filed 6–26–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 52

[CC Docket No. 95–116; FCC 98–82]

Telephone Number Portability

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: On May 12, 1998, the

Commission released a Third Report

and Order in CC Docket No. 95–115,

adopting measures to distribute the

costs of long-term number portability

among telecommunications carriers. In

this order, the Commission decides that

telecommunications carriers shall pay

for the shared costs of the number

portability regional databases based on

each telecommunications carrier’s enduser telecommunications revenues in

each region, telecommunications

carriers shall bear their own carrierspecific costs directly related to

providing number portability,

incumbent LECs have the option to

recover their carrier-specific costs

directly related to providing number

portability through a five-year end user

charge, as well as through number

portability query charges to other

carriers, and unregulated carriers may

recover their carrier-specific costs

directly related to providing number

portability in any lawful manner. This

Third Report and Order ensures that all

telecommunications carriers bear the

costs of number portability in a

competitively neutral manner.

EFFECTIVE DATE: July 29, 1998, except for

§§ 52.32(b) and 52.33(a)(1), which

contain information collection

requirements that are not effective until

approved by the Office of Management

and Budget. The Commission will

publish a document in the Federal

Register announcing the effective date

for those sections.

FOR FURTHER INFORMATION CONTACT:

Lloyd Collier at (202) 418–2712, or Neil

Fried at (202) 418–1865, Competitive

Pricing Division, Common Carrier

Bureau.

SUPPLEMENTARY INFORMATION: This

summarizes the Commission’s Third

Report and Order in CC Docket No. 95–

116, In the Matter of Telephone Number

Portability, FCC 98–82, RM 8535,

adopted May 5, 1998, and released May

12, 1998. The file in its entirety is

available for inspection and copying

during the weekday hours of 9 a.m. to

4:30 p.m. in the Commission’s

Reference Center, room 239, 1919 M St.,

N.W., Washington D.C., or copies may

be purchased from the Commission’s

duplicating contractor, ITS, Inc. 1231

20th St., N.W., Washington, D.C. 20036,

phone (202) 857–3800.