[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Rules and Regulations]
[Pages 18501-18502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10388]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
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 non-hazardous 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).
[[Page 18502]]
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