Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18501

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from Executive Order

12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of

the State Implementation Plan for the

State of California was approved by the

Director of the Federal Register on July

1, 1982.

Dated: March 24, 1996.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(227) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(227) New regulation for the following

APCD was submitted on October 18,

1995, by the Governor’s designee.

(i) Incorporation by reference.

(A) San Joaquin Valley Unified Air

Pollution Control District.

(1) Rule 2530, adopted on June 15,

1995.

[FR Doc. 96–10383 Filed 4–25–96; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 241

[FRL–5462–7]

Solid Waste Programs; Removal of

Legally Obsolete Guidelines

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: In response to the President’s

Regulatory Reform Initiative, the

Environmental Protection Agency (EPA)

has conducted a review of the

regulations it administers and has

identified the guidelines pertaining to

solid waste management as obsolete.

These guidelines, which are being

removed from the Code of Federal

Regulations (CFR) today, are no longer

necessary because they have been

addressed by more recent regulations.

Deleting these guidelines from the CFR

will have no impact on solid waste

management.

EFFECTIVE DATE: This final rule takes

effect on April 26, 1996.

ADDRESSES: Supporting materials are

available for viewing in the RCRA

Information Center (RIC), located at

Crystal Gateway I, First Floor, 1235

Jefferson Davis Highway, Arlington, VA.

The Docket Identification Number is F–

96–LOGF–FFFFF. The RIC is open from

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

Friday, excluding federal holidays. To

review docket materials, it is

recommended that the public make an

appointment by calling 703 603–9230.

The public may copy a maximum of 100

pages from any regulatory docket at no

charge. Additional copies cost $0.15/

page.

FOR FURTHER INFORMATION CONTACT:

Deborah Gallman (703) 308–7276, Office

of Solid Waste, U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C., 20460, or the RCRA

Superfund Hotline, phone (800) 424–

9346 or (703) 412–9810 in the

Washington, D.C., metropolitan area.

SUPPLEMENTARY INFORMATION:

I. Introduction

On March 4, 1995, the President

directed all Federal agencies and

departments to conduct a

comprehensive review of the regulations

they administer and to identify those

rules that are obsolete or unduly

burdensome. EPA has conducted a

review of its rules and guidelines,

including those issued under the

Resource Conservation and Recovery

Act (RCRA) (42 U.S.C. 9601 et seq.).

Based on this review, EPA is today

eliminating the following obsolete

RCRA guidelines from the CFR: 40 CFR,

Part 241, ‘‘Guidelines for the Land

Disposal of Solid Wastes’’. The

guidelines, promulgated on August 14,

1974, are no longer necessary because

they have been included in and/or

addressed by the Criteria for

Classification of Solid Waste Disposal

Facilities and Practices, 40 CFR Part

257, promulgated on September 13,

1979 (44 FR 53460) and the Criteria for

Municipal Solid Waste Landfills, 40

CFR Part 258, promulgated on October

9, 1991 (56 FR 50978). The removal of

these rules from the CFR because they

are obsolete is not intended to affect the

status of any civil or criminal actions

that were initiated prior to the date of

publication of this notice or which may

be initiated in the future to redress

violations of the rules that occurred

when the rules were still legally in

effect.

II. Obsolete Rule

40 CFR Part 241—Guidelines for the

Land Disposal of Solid Waste

On August 14, 1974, EPA issued

guidelines for the land disposal of all

solid waste materials, excluding

hazardous, agricultural, and mining

wastes. These guidelines were intended

to ensure that design, construction, and

operation of land disposal sites for nonhazardous or municipal solid wastes

met specified health and environmental

standards. These guidelines were

required to be followed by federal

agencies and recommended to state and

local governmental agencies. All

guideline requirements contained in 40

CFR Part 241 are now included in and/

or addressed by the Criteria for

Classification of Solid Waste Disposal

Facilities and Practices (40 CFR Part

257) and the Criteria for Municipal

Solid Waste Landfills (40 CFR Part 258).

These criteria must be followed by

federal agencies. 42 U.S.C. 6961(a).

Accordingly, EPA is removing the Part

241 guidelines from the CFR.

III. Good Cause Exemption From

Notice-and-Comment Rulemaking

Procedures

The Administrative Procedure Act

generally requires agencies to provide

prior notice and opportunity for public

comment before issuing a final rule. 5

U.S.C. 553(b). Rules are exempt from

this requirement if the issuing agency

finds for good cause that notice and

comment is unnecessary. 5 U.S.C.

553(b)(3)(B). EPA has determined that

providing prior notice and opportunity

for comment on the deletion of the 40

CFR Part 241 guidelines from the CFR

is unnecessary. For the reasons

discussed in Sections I and II, these

guidelines are covered/addressed by 40

CFR Parts 257 and 258. Thus,

withdrawing them from the CFR will

have no impact on current Federal and

state solid waste management practices.

For the same reasons, EPA believes

there is good cause for making the

removal of these guidelines from the

CFR immediately effective. See 5 U.S.C.

553(d).
18502 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

IV. Analysis under Executive Order

(E.O.) 12866, the Unfunded Mandates

Reform Act of 1995, the Regulatory

Flexibility Act and the Paperwork

Reduction Act

Because the withdrawal of these rules

from the CFR merely reflects their

current obsolescence and thus has no

regulatory impact, this action is not a

‘‘significant’’ regulatory action within

the meaning of E.O. 12866, and does not

impose any Federal mandate on State,

local, or tribal governments or the

private sector within the meaning of the

Unfunded Mandates Reform Act of

1995. For the same reasons, pursuant to

the Regulatory Flexibility Act, I certify

that this action would not have a

significant economic impact on a

substantial number of small entities.

Finally, because these guidelines have

been replaced or addressed by 40 CFR

Parts 257 and 258, their deletion from

the CFR does not affect requirements

under the Paperwork Reduction Act.

List of Subjects in 40 CFR Part 241

Waste treatment and disposal.

Dated: April 17, 1996.

Elliott P. Laws,

Assistant Administrator.

For the reasons set out in the

preamble, and under the authority of 42

U.S.C. 6907 and 6912, Title 40, Chapter

I of the Code of Federal Regulations is

amended as follows:

Part 241—[REMOVED]

1. Part 241 is removed.

[FR Doc. 96–10388 Filed 4–25–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[5461–1]

South Carolina; Final Authorization of

Revisions to State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: South Carolina has applied

for final authorization of revisions to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). South Carolina’s revisions

consist of the provisions contained in

certain rules promulgated between April

24, 1984, and September 2, 1988. These

requirements are listed in Section B of

this notice. The Environmental

Protection Agency (EPA) has reviewed

South Carolina’s application and has

made a decision, subject to public

review and comment, that South

Carolina’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve South Carolina’s hazardous

waste program revisions. South

Carolina’s applications for program

revisions are available for public review

and comment.

DATES: Final authorization for South

Carolina’s program revisions shall be

effective June 25, 1996 unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on South Carolina’s

program revision application must be

received by the close of business, May

28, 1996.

ADDRESSES: Copies of South Carolina’s

program revision applications are

available during normal business hours

at the following addresses for inspection

and copying: South Carolina

Department of Health and

Environmental Control, 2600 Bull

Street, Columbia, South Carolina 29201;

U.S. EPA Region 4, Library, 345

Courtland Street, NE, Atlanta, Georgia

30365; (404) 347–4216. Written

comments should be sent to Al Hanke

at the address listed below.

FOR FURTHER INFORMATION CONTACT: Al

Hanke, Chief, State Programs Section,

Waste Programs Branch, Waste

Management Division, U.S.

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365; (404) 347–2234.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

Section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6926(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program.

In addition, as an interim measure,

the Hazardous and Solid Waste

Amendments of 1984 (Pub. L. 98–616,

November 8, 1984, hereinafter

‘‘HSWA’’) allows States to revise their

programs to become substantially

equivalent instead of equivalent to

RCRA requirements promulgated under

HSWA authority. States exercising the

latter option receive ‘‘interim

authorization’’ for the HSWA

requirements under Section 3006(g) of

RCRA, 42 U.S.C. 6926(g), and later

apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR Parts 260–

268 and 124 and 270.

B. South Carolina

South Carolina initially received final

authorization for its base RCRA program

effective on November 22, 1985. South

Carolina most recently received

authorization for revisions to its

program effective October 16, 1995, (60

FR 42046, August 15, 1995). Today,

South Carolina is seeking approval of

additional program revisions in

accordance with 40 CFR 271.21(b)(3).

EPA has reviewed South Carolina’s

applications and has made an

immediate final decision that South

Carolina’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Consequently, EPA

intends to grant final authorization for

the additional program modifications to

South Carolina. The public may submit

written comments on EPA’s immediate

final decision up until May 28, 1996.

Copies of South Carolina’s application

for these program revisions are available

for inspection and copying at the

locations indicated in the ‘‘Addresses’’

section of this notice.

Approval of South Carolina’s program

revisions shall become effective June 25,

1996, unless an adverse comment

pertaining to the State’s revisions

discussed in this notice is received by

the end of the comment period.

If an adverse comment is received

EPA will publish either (1) a withdrawal

of the immediate final decision or (2) a

notice containing a response to

comments which either affirms that the

immediate final decision takes effect or

reverses the decision.

EPA shall administer any RCRA

hazardous waste permits, or portions of

permits that contain conditions based

upon the Federal program provisions for

which the State is applying for

authorization and which were issued by

EPA prior to the effective date of this

authorization. EPA will suspend

issuance of any further permits under

the provisions for which the State is

being authorized on the effective date of

this authorization.

South Carolina is today seeking

authority to administer the following

Federal requirements: