[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19837-19838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10861]
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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.
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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Register notice provided that the direct final rule would be withdrawn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
[[Page 19838]]
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
Sec. 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
Sec. 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]
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