[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53844-53847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26885]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 264 and 265
[FRL-6173-2]
Project XL Site-Specific Rulemaking for OSi Specialties, Inc.,
Sistersville, WV
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: The EPA is implementing a project under the Project XL program
for the OSi Specialties, Inc. plant, a wholly owned subsidiary of Witco
Corporation, located near Sistersville, West Virginia (the
``Sistersville Plant''). The terms of the XL project are defined in a
Final Project Agreement (``FPA''). Following public review and comment,
the FPA was signed by delegates from the EPA, the West Virginia
Division of Environmental Protection (``WVDEP''), and Witco Corporation
on October 17, 1997. The EPA published a final rule, applicable only to
the Sistersville Plant, on September 15, 1998 (See 63 FR 49384). That
action was a site-specific regulatory deferral from the Resource
Conservation and Recovery Act (``RCRA'') organic air emission
standards, commonly known as RCRA Subpart CC. The EPA expects this XL
project to result in superior environmental performance at the
Sistersville Plant, while deferring significant capital expenditures,
and thus providing cost savings for the Sistersville Plant.
Since publication of the final rule on September 15, 1998, it has
come to the EPA's attention that the Federal Register notice contained
a typographical error in the regulatory language that could result in
some confusion regarding the time allowed for an owner or operator to
conduct a performance test. Today's action makes the technical
corrections to that published regulatory text.
EFFECTIVE DATE: This technical correction to the final rule is
effective on October 7, 1998.
ADDRESSES: Docket. Three dockets contain supporting information used in
developing the September 15, 1998 published final rule, and are
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 numbers F-98-
MCCP-FFFFF, F-98-MCCF-FFFFF, and F-98-MCCA-FFFFF.
A duplicate copy of each docket is available for inspection and
copying at U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, PA,
19103-2029, during normal business hours. Persons wishing to view a
duplicate docket at the Philadelphia location are encouraged to contact
Mr. Tad Radzinski in advance, by telephoning (215) 814-2394.
FOR FURTHER INFORMATION CONTACT: Mr. Tad Radzinski, U.S. Environmental
Protection Agency, Region 3 (3WC11), Waste and Chemicals Management
Division, 1650 Arch Street, Philadelphia, PA, 19103-2029, (215) 814-
2394.
[[Page 53845]]
SUPPLEMENTARY INFORMATION:
Outline
The information presented in this preamble is organized as follows:
I. Authority
II. Background
A. Overview of Project XL
B. Overview of the OSi Sistersville Plant XL Project
III. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Regulatory Flexibility
E. Unfunded Mandates Reform Act
F. Executive Order 13045
G. National Technology Transfer and Advancement Act
H. Enhancing the Intergovernmental Partnership Under Executive
Order 12875
I. Executive Order 13084: Consultation and Coordination with
Indian Tribal Governments
J. Submission to Congress and the General Accounting Office
K. Pollution Prevention Act
L. Immediate Effective Date
I. Authority
This regulation is being published under the authority of sections
1006, 2002, 3001-3007, 3010, and 7004 of the Solid Waste Disposal Act
of 1970, as amended by the Resource Conservation and Recovery Act, as
amended (42 U.S.C. 6905, 6912, 6921-6927, 6930, and 6974).
II. Background
A. Overview of Project XL
The site-specific regulation published on September 15, 1998,
implements a project developed under Project XL, an EPA initiative to
allow regulated entities to achieve better environmental results at
less cost. Project XL--``excellence and Leadership''--was announced on
March 16, 1995, as a central part of the National Performance Review
and the EPA's effort to reinvent environmental protection (See 60 FR
27282, May 23, 1995). Project XL provides a limited number of private
and public regulated entities an opportunity to develop their own pilot
projects to provide regulatory flexibility that will result in
environmental protection that is superior to what would be achieved
through compliance with current and reasonably anticipated future
regulations.
B. Overview of the OSi Sistersville Plant XL Project
The EPA is implementing a project under the Project XL program for
the OSi Specialties, Inc. plant, a wholly owned subsidiary of Witco
Corporation, located near Sistersville, West Virginia (the
``Sistersville Plant''). The terms of the XL project are defined in a
Final Project Agreement (``FPA''). Following public review and comment,
the FPA was signed by delegates from the EPA, the West Virginia
Division of Environmental Protection (``WVDEP'') and Witco Corporation
on October 17, 1997. The EPA published a final rule, applicable only to
the Sistersville Plant, on September 15, 1998 (See 63 FR 49384). That
action was a site-specific regulatory deferral from the Resource
Conservation and Recovery Act (``RCRA'') organic air emission
standards, commonly known as RCRA Subpart CC. The air emission and
waste management requirements are set forth in the September 15, 1998
final rule, which was intended to provide site-specific regulatory
changes to implement this XL project. The EPA expects this XL project
to result in superior environmental performance at the Sistersville
Plant, while deferring significant capital expenditures, and thus
providing cost savings for the Sistersville Plant.
Following publication of the final rule on September 15, 1998, it
came to the EPA's attention that the Federal Register notice contained
a typographical error in the regulatory language that could result in
some confusion regarding the time allowed for an owner or operator to
conduct a performance test. Paragraphs (f)(2)(ii)(B)(1) of the subpart
CC--Air Emission Standards for Tanks, Surface Impoundments, and
Containers, in both 40 CFR part 264 and 265, contained a typographical
error as published on September 15, 1998 at 63 FR 49392 and 63 FR
49400. As published in the Federal Register, paragraph (f)(2)(ii)(B)(1)
stated that ``Within sixty (120) days after thermal incinerator initial
start-up, the Sisterville Plant shall conduct a performance test . .
.'' In compiling the regulatory language for the September 15 final
rule, both numbers were inadvertently included; one in text and the
other numerically. It was the EPA's intent that the plant have 120 days
to perform the test rather than sixty (60) days. This intent is
indicated in the September 15, 1998 final rule preamble at 63 FR 49387,
where EPA explains that the proposed initial performance test deadline
of 60 days is being extended by 60 days. Today's action makes the
necessary technical corrections to the regulatory text in both parts
264 and 265 in order to correct the regulatory text and clarify that
120 days are allowed for the performance test.
III. Administrative Requirements
A. Docket
Three RCRA dockets contain supporting information pertaining to
today's action and the September 15, 1998 published rulemaking: (1)
RCRA docket number F-98-MCCP-FFFFF; (2) RCRA docket number F-98-MCCF-
FFFFF, and (3) RCRA docket number F-98-MCCA-FFFFF. The public may
review all materials in these dockets at the EPA RCRA Docket Office
located at Crystal Gateway, 1235 Jefferson Davis Highway, First Floor,
Arlington, Virginia. Hand delivery of items and review of docket
materials are made at the Virginia address. The public must have an
appointment to review docket materials. Appointments can be scheduled
by calling the Docket Office at (703) 603-9230. The mailing address for
the RCRA Docket Office is RCRA Information Center (5305W), 401 M Street
SW, Washington, DC 20460. The Docket Office is open from 9 a.m. to 4
p.m., Monday through Friday, except for Federal holidays.
A duplicate copy of each docket is available for inspection and
copying at U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, PA,
19103-2029, during normal business hours. Persons wishing to view a
duplicate docket at the Philadelphia location are encouraged to contact
Mr. Tad Radzinski in advance, by telephoning (215) 814-2394.
B. Paperwork Reduction Act
This technical correction action applies only to one company, and
requires no information collection activities subject to the Paperwork
Reduction Act; therefore, no information collection request (ICR) will
be submitted to OMB for review in compliance with the Paperwork
Reduction Act, 44 U.S.C. 3501, et seq.
C. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the proposed regulatory action is
``significant'' and, therefore, subject to the Office of Management and
Budget (OMB) review and the requirements of the Executive Order. The
Executive Order defines ``significant regulatory action'' as one that
is likely to lead to a rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety in State, local, or tribal governments or communities;
[[Page 53846]]
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Executive Order 12866 does not cover rules of particular
applicability. As a result, this action does not fall within the scope
of the Executive Order.
D. Regulatory Flexibility
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), as amended, Publication No. L. 104-121, 110 Stat. 847,
the EPA certifies that this rule will not have a significant economic
impact on a substantial number of small entities because it only
affects one facility, the OSi Sistersville Plant, located near
Sistersville, West Virginia. The Sistersville Plant is not a small
entity, and therefore no initial regulatory flexibility analysis under
section 604(a) of the Act is required.
E. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), Public Law 104-4, the EPA must prepare a
budgetary impact statement to accompany any proposed or final rule that
includes a Federal mandate that may result in estimated costs to State,
local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more. Under section 205, the EPA must select
the most cost-effective and least burdensome alternative that achieves
the objectives of the rule and is consistent with statutory
requirements. Section 203 requires the EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
As noted previously, the rule is applicable only to the
Sistersville Plant, located near Sistersville, West Virginia. The EPA
has determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. The EPA has
also determined that the rule does not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in any
one year. Thus, today's technical correction notice is not subject to
the requirements of sections 202 and 205 of the UMRA.
F. Executive Order 13045
Executive Order 13045 applies to any rule that EPA determines (1)
economically significant as defined under E.O. 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the 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 technical correction notice 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 it is not an
economically significant regulatory action as defined by E.O. 12866 and
does not involve decisions based on environmental health or safety
risks.
G. National Technology Transfer and Advancement Act
Under Sec. 12(d) of the National Technology Transfer and
Advancement Act (NTTAA), the Agency is required to use voluntary
consensus standards in its regulatory and procurement activities unless
to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(such as materials specifications, test methods, sampling procedures,
and business practices) which are developed or adopted by voluntary
consensus standard bodies. Where available and potentially applicable
voluntary consensus standards are not used by EPA, the Act requires the
Agency to provide Congress, through the OMB, an explanation of the
reasons for not using such standards. Today's notice does not put forth
any technical standards as part of the clarifying amendments;
therefore, consideration of voluntary consensus standards was not
required.
H. Enhancing the Intergovernmental Partnership Under Executive Order
12875
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local, or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, EPA must
provide the OMB a description of the extent of EPA's prior consultation
with representatives of affected State, local, and tribal governments,
the nature of their concerns, copies of any written communications from
the governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's technical correction notice does not create a mandate on
State, local or tribal governments. The notice does not impose any new
or additional enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of Executive Order 12875 do not apply to
this action.
I. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statue, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the OMB, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian tribal governments ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's document does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this action.
J. 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
[[Page 53847]]
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 prior to publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. The EPA is not
required to submit a rule report regarding today's document under
Section 801 because this is a notice of particular applicability.
K. Pollution Prevention Act
The Pollution Prevention Act of 1990 states that pollution should
be prevented or reduced at the source whenever feasible. Today's
technical correction notice in no way affects the pollution prevention
alternatives and measures previously incorporated into the final
subpart CC rules.
L. Immediate Effective Date
The EPA has determined to make today's notice effective
immediately. The EPA believes that the corrections being made in
today's notice are corrections of obvious errors in the published rules
(i.e., typographical errors). Comment on such changes is unnecessary,
within the meaning of 5 USC 553(b)(3)(B).
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, TSDF, Waste determination.
Dated: September 29, 1998.
Jay Benforado,
Acting Associate Administrator, Office of Reinvention.
For the reasons set forth in the preamble, parts 264 and 265 of
chapter I of title 40 of the Code of Federal Regulations are 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
2. Section 264.1080 is amended by revising paragraph
(f)(2)(ii)(B)(1) to read as follows:
Sec. 264.1080 Applicability.
* * * * *
(f) * * *
(2) * * *
(ii) * * *
(B) * * *
(1) Within 120 days after thermal incinerator initial start-up, the
Sistersville Plant shall conduct a performance test to determine the
minimum temperature at which compliance with the emission reduction
requirement specified in paragraph (f)(4) of this section is achieved.
This determination shall be made by measuring TOC minus methane and
ethane, according to the procedures specified in paragraph
(f)(2)(ii)(B) of this section.
* * * * *
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.
4. Section 265.1080 is amended by revising paragraph
(f)(2)(ii)(B)(1) to read as follows:
Sec. 265.1080 Applicability.
* * * * *
(f) * * *
(2) * * *
(ii) * * *
(B) * * *
(1) Within 120 days after thermal incinerator initial start-up, the
Sistersville Plant shall conduct a performance test to determine the
minimum temperature at which compliance with the emission reduction
requirement specified in paragraph (f)(4) of this section is achieved.
This determination shall be made by measuring TOC minus methane and
ethane, according to the procedures specified in paragraph
(f)(2)(ii)(B) of this section.
* * * * *
[FR Doc. 98-26885 Filed 10-6-98; 8:45 am]
BILLING CODE 6560-50-P
