[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35944-35946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14403]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 261
[FRL-8684-9]
IBM Semiconductor Manufacturing Facility in Essex Junction, VT,
Under Project XL
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing a
final rule published on September 12, 2000 which modified the
regulations under the Resource, Conservation and Recovery Act (RCRA) to
enable the implementation of the International Business Machines
Corporation (IBM) Copper Metallization project that was developed under
EPA's Project eXcellence in Leadership (Project XL) program. Project XL
was a national pilot program that allowed state and local governments,
businesses and federal facilities to work with EPA to develop more
cost-effective ways of achieving environmental and public health
protection. In exchange, EPA provided regulatory, policy or procedural
flexibilities to conduct the pilot experiments.
DATES: The final rule is effective July 25, 2008.
FOR FURTHER INFORMATION CONTACT: Sandra Panetta, Mail Code 1870T, U.S.
Environmental Protection Agency, Office of Policy, Economics and
Innovation, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Ms.
Panetta's telephone number is (202) 566-2184 and her e-mail address is
[email protected]. Further information on today's action may also
be obtained on the internet at http://www.epa.gov/projectxl/ibm2/index.htm.
SUPPLEMENTARY INFORMATION: EPA is withdrawing the final rule which was
published on September 12, 2000 (65 FR 54955) in response to IBM's
request to discontinue the XL project. The final rule granted IBM an
exemption under Project XL from the F006 hazardous listing for sludge
generated from the treatment of copper electroplating rinsewaters. IBM
has implemented a new process step that has caused the wastewater
treatment sludge to once again become F006 listed hazardous waste and
is complying with the Vermont Department of Environmental Conservation
requirements for this listed waste. Discontinuing the XL project will
have no environmental impact. All reporting requirements in 40 CFR
261.4(b)(16) are discontinued.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule
[[Page 35945]]
without providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making today's rule final
without prior proposal and opportunity for comment because EPA is
withdrawing a rule that no longer applies to the company and the
company has notified us that the project has terminated. The removal of
the rule has no legal effect. Notice and public procedure would serve
no useful purpose and is thus unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because it is withdrawing a rule that was not implemented and does not
impose any new requirements.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
Today's final rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice and comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice and comment requirements under the APA or any
other statute because it withdraws a rule that applied to only one
facility and does not impose any new requirements. Because the agency
has made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedure Act
or any other statute [see SUPPLEMENTARY INFORMATION section], it is not
subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, local or tribal governments or the private sector. (Note:
The term ``enforceable duty'' does not include duties and conditions in
voluntary federal contracts for goods and services.) Because the agency
has made a ``good cause'' finding that this action is not subject to
notice-and-comment requirements under the Administrative Procedure Act
or any other statute [see SUPPLEMENTARY INFORMATION section], it is not
subject to sections 202 and 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4).
E. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This rule withdraws a rule that
was specific to one facility. Thus, Executive Order 13132 does not
apply to this rule.
F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. This final
rule withdraws a rule that was not
[[Page 35946]]
implemented. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: ``Protection of Children From Environmental
Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997) applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have 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. EPA interprets Executive Order
13045 as applying only to those regulatory actions that are based on
health or safety risks, such that the analysis required under section
5-501 of the Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
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. This action does not involved
technical standards. Therefore, EPA did not consider the use of any
voluntary consensus standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. This rule applies to one facility and withdraws a rule
that was not implemented.
K. The Congressional Review Act
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. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because it is a rule of particular applicability and does not impose
any new requirements.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous waste, Recycling, Waste
treatment and disposal, Recycling.
Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
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For the reasons set forth in the preamble, parts 261 of chapter I of
title 40 of the Code of Federal Regulations are amended as follows:
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
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1. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and
6938.
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2. Section 261.4 paragraph (b)(16) is removed and reserved.
[FR Doc. E8-14403 Filed 6-24-08; 8:45 am]
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