80 FR 37994 - Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations; Item Number

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		37994-37995
FR Document		2015-16395

The U.S. Environmental Protection Agency (EPA or the Agency) is issuing a technical amendment to correct references in the regulations to the item number for the Special Handling Instructions Box on the manifest form (EPA Form 8700-22). This document is being issued to amend the regulations by correcting these references.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37994-37995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16395]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-RCRA-2011-0524; FRL_9929-92-OSWER]


Polychlorinated Biphenyls (PCBs): Revisions to Manifesting 
Regulations; Item Number

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency) 
is issuing a technical amendment to correct references in the 
regulations to the item number for the Special Handling Instructions 
Box on the manifest form (EPA Form 8700-22). This document is being 
issued to amend the regulations by correcting these references.

DATES: This final rule is effective on July 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-RCRA-2011-0524. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, 
WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
RCRA Docket is (202) 566-0270.

FOR FURTHER INFORMATION CONTACT: Karen Swetland, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304P), 1200 Pennsylvania Avenue NW., Washington, DC, 20460, Phone: 
703-308-8421; or by email: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to generators, transporters, and designated 
facilities (off-site disposal and commercial storage facilities) 
managing PCB wastes. Potentially affected categories and entities 
include, but are not necessarily limited to:

------------------------------------------------------------------------
                                                 Examples of potentially
        NAICS Description           NAICS Code      affected entities
------------------------------------------------------------------------
Electric Power Distribution......       221122  Generators of PCB waste.
Transportation and Warehousing...        48-49  Transportation of PCB
                                                 waste.
Waste Management and Remediation           562  Facilities that manage
 Services.                                       PCB waste.
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this section could also 
be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. To 
determine whether you or your business may be affected by this action, 
you should carefully examine the applicability provisions in 40 Code of 
Federal Regulations (CFR) part 761. If you have any questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under the FOR FURTHER INFORMATION CONTACT section of this 
document.

B. How can I get copies of this document and other related information?

    The current information is as follows:
     Docket ID No. EPA-HQ-RCRA-2011-0524.
     Federal eRulemaking Portal: http://www.regulations.gov.

II. What does this correction do?

    This technical amendment is being issued to correct the item number 
reference for the Special Handling Instructions Box in 40 CFR part 
761.207(a)(1), (2), and (3). EPA published a document in the Federal 
Register on September 6, 2012 (77 FR 54818), revising Agency 
regulations. That document incorrectly referenced Item 15 to identify 
the Special Handling Instructions box on EPA Form 8700-22. This 
technical amendment is being issued to amend the final rule by revising 
Sec.  761.207(a)(1), (2), and (3) to correctly identify the item number 
as 14.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical amendment 
final without prior proposal and opportunity for comment, because EPA 
is merely correcting information that was referenced incorrectly in the 
previously published final rule. EPA

[[Page 37995]]

finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is 
not a ``significant regulatory action'' and is therefore not subject to 
OMB review. Because this action is not subject to notice and comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) or Sections 202 and 205 of the Unfunded Mandates Reform 
Act (2 U.S.C. 1531-1538). In addition, this action does not 
significantly or uniquely affect small governments. This action does 
not create new binding legal requirements that substantially and 
directly affect Tribes under Executive Order 13175 (65 FR 67249, 
November 9, 2000). This action does not have significant Federalism 
implications under Executive Order 13132 (64 FR 43255, August 10, 
1999). Because this final rule has been exempted from review under 
Executive Order 12866, this final rule is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) 
or Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., nor does it require any special considerations 
under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve technical standards; thus, the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply.
    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before certain actions may take effect, the agency 
promulgating the action must submit a report, which includes a copy of 
the action, to each House of the Congress and to the Comptroller 
General of the United States. Because this final action does not 
contain legally binding requirements, it is not subject to the 
Congressional Review Act

List of Subjects in 40 CFR Part 761

    Environmental protection, Manifest, Polychlorinated biphenyls.

    Dated: June 22, 2015.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, 
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
1. The authority citation for part 761 continues to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.


0
2. Amend Sec.  761.207 by revising paragraphs (a)(1), (a)(2) and (a)(3) 
to read as follows:


Sec.  761.207  The manifest--general requirements.

    (a) * * *
    (1) For each bulk load of PCBs, the identity of the PCB waste, the 
earliest date of removal from service for disposal, and the weight in 
kilograms of the PCB waste. (Item 14--Special Handling Instructions 
box)
    (2) For each PCB Article Container or PCB Container, the unique 
identifying number, type of PCB waste (e.g., soil, debris, small 
capacitors), earliest date of removal from service for disposal, and 
weight in kilograms of the PCB waste contained. (Item 14--Special 
Handling Instructions box)
    (3) For each PCB Article not in a PCB Container or PCB Article 
Container, the serial number if available, or other identification if 
there is no serial number, the date of removal from service for 
disposal, and weight in kilograms of the PCB waste in each PCB Article. 
(Item 14--Special Handling Instructions box)
* * * * *

[FR Doc. 2015-16395 Filed 7-1-15; 8:45 am]
BILLING CODE 6560-50-P

37994 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

PART 262—STANDARDS APPLICABLE ENVIRONMENTAL PROTECTION Certain other material, such as
TO GENERATORS OF HAZARDOUS AGENCY copyrighted material, is not placed on
WASTE the Internet and will be publicly
40 CFR Part 761 available only in hard copy form.
■ 1. The authority citation for Part 262 [EPA–HQ–RCRA–2011–0524; FRL_9929–92– Publicly available docket materials are
continues to read as follows: OSWER] available either electronically through
www.regulations.gov or in hard copy at
Authority: 42 U.S.C. 6906, 6912, 6922– Polychlorinated Biphenyls (PCBs): the EPA Docket Center, EPA/DC, WJC
6925, 6937, and 6938. Revisions to Manifesting Regulations; West Building, Room 3334, 1301
Item Number Constitution Ave. NW., Washington,
■ 2. Amend § 262.58 by revising DC. The Public Reading Room is open
paragraph (a)(1) to read as follows: AGENCY: Environmental Protection from 8:30 a.m. to 4:30 p.m., Monday
Agency (EPA). through Friday, excluding legal
§ 262.58 International agreements.
ACTION: Final rule; technical holidays. The telephone number for the
(a) * * * amendment. Public Reading Room is (202) 566–1744,
(1) For the purposes of subpart H, the and the telephone number for the RCRA
SUMMARY: The U.S. Environmental
designated OECD Member countries Docket is (202) 566–0270.
Protection Agency (EPA or the Agency)
consist of Australia, Austria, Belgium, is issuing a technical amendment to FOR FURTHER INFORMATION CONTACT:
the Czech Republic, Denmark, Estonia, correct references in the regulations to Karen Swetland, U.S. Environmental
Finland, France, Germany, Greece, the item number for the Special Protection Agency, Office of Resource
Hungary, Iceland, Ireland, Israel, Italy, Handling Instructions Box on the Conservation and Recovery, (MC:
Japan, Luxembourg, the Netherlands, manifest form (EPA Form 8700–22). 5304P), 1200 Pennsylvania Avenue
New Zealand, Norway, Poland, This document is being issued to amend NW., Washington, DC, 20460, Phone:
Portugal, the Republic of Korea, the the regulations by correcting these 703–308–8421; or by email:
Slovak Republic, Slovenia, Spain, references. swetland.karen@epa.gov.
Sweden, Switzerland, Turkey, the DATES: This final rule is effective on July SUPPLEMENTARY INFORMATION:
United Kingdom, and the United States. 2, 2015. I. General Information
* * * * * ADDRESSES: EPA has established a
docket for this action under Docket ID A. Does this action apply to me?
[FR Doc. 2015–16400 Filed 7–1–15; 8:45 am]
BILLING CODE 6560–50–P No. EPA–HQ–RCRA–2011–0524. All This action applies to generators,
documents in the docket are listed on transporters, and designated facilities
the www.regulations.gov Web site. (off-site disposal and commercial
Although listed in the index, some storage facilities) managing PCB wastes.
information is not publicly available, Potentially affected categories and
e.g., CBI or other information whose entities include, but are not necessarily
disclosure is restricted by statute. limited to:

NAICS
NAICS Description Examples of potentially affected entities
Code

Electric Power Distribution ............................................................ 221122 Generators of PCB waste.
Transportation and Warehousing .................................................. 48–49 Transportation of PCB waste.
Waste Management and Remediation Services .......................... 562 Facilities that manage PCB waste.

This listing is not intended to be B. How can I get copies of this document revising § 761.207(a)(1), (2), and (3) to
exhaustive, but rather provides a guide and other related information? correctly identify the item number as
for readers regarding entities likely to be 14.
The current information is as follows:
affected by this action. Other types of • Docket ID No. EPA–HQ–RCRA– III. Why is this correction issued as a
entities not listed in this section could 2011–0524. final rule?
also be affected. The North American • Federal eRulemaking Portal: http://
Industrial Classification System www.regulations.gov. Section 553 of the Administrative
(NAICS) codes have been provided to Procedure Act (APA), 5 U.S.C.
assist you and others in determining II. What does this correction do? 553(b)(3)(B), provides that, when an
whether this action might apply to This technical amendment is being agency for good cause finds that notice
certain entities. To determine whether issued to correct the item number and public procedure are impracticable,
you or your business may be affected by reference for the Special Handling unnecessary or contrary to the public
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

this action, you should carefully Instructions Box in 40 CFR part interest, the agency may issue a final
examine the applicability provisions in 761.207(a)(1), (2), and (3). EPA rule without providing notice and an
40 Code of Federal Regulations (CFR) published a document in the Federal opportunity for public comment. EPA
part 761. If you have any questions Register on September 6, 2012 (77 FR has determined that there is good cause
regarding the applicability of this action 54818), revising Agency regulations. for making this technical amendment
to a particular entity, consult the person That document incorrectly referenced final without prior proposal and
listed under the FOR FURTHER Item 15 to identify the Special Handling opportunity for comment, because EPA
INFORMATION CONTACT section of this Instructions box on EPA Form 8700–22. is merely correcting information that
document. This technical amendment is being was referenced incorrectly in the
issued to amend the final rule by previously published final rule. EPA

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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37995

finds that this constitutes good cause List of Subjects in 40 CFR Part 761 GENERAL SERVICES
under 5 U.S.C. 553(b)(3)(B). ADMINISTRATION
Environmental protection, Manifest,
IV. Do any of the statutory and Polychlorinated biphenyls. 41 CFR Part 301–10
executive order reviews apply to this
action? Dated: June 22, 2015. [FTR 2015–04; FTR Case 2010–307; Docket
Mathy Stanislaus, No. 2010–0020, Sequence No. 1]
Under Executive Order 12866 (58 FR
51735, October 4, 1993) and Executive Assistant Administrator, Office of Solid Waste
Federal Travel Regulation (FTR);
Order 13563 (76 FR 3821, January 21, and Emergency Response.
Removal of Privately Owned Vehicle
2011), this action is not a ‘‘significant For the reasons stated in the Rates; Privately Owned Automobile
regulatory action’’ and is therefore not preamble, title 40, chapter I of the Code Mileage Reimbursement When
subject to OMB review. Because this of Federal Regulations is amended as Government Furnished Automobiles
action is not subject to notice and follows: Are Authorized; Correction
comment requirements under the
Administrative Procedure Act or any AGENCY: Office of Government-wide
PART 761—POLYCHLORINATED Policy (OGP), General Services
other statute, it is not subject to the
BIPHENYLS (PCBs) Administration (GSA).
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) or Sections 202 and 205 of the MANUFACTURING, PROCESSING, ACTION: Correcting amendment.
Unfunded Mandates Reform Act (2 DISTRIBUTION IN COMMERCE, AND
USE PROHIBITIONS SUMMARY: This document makes an
U.S.C. 1531–1538). In addition, this
amendment to the Federal Travel
action does not significantly or uniquely
■ 1. The authority citation for part 761 Regulation (FTR) in order to make an
affect small governments. This action
continues to read as follows: editorial change.
does not create new binding legal
requirements that substantially and DATES: Effective: July 2, 2015.
Authority: 15 U.S.C. 2605, 2607, 2611,
directly affect Tribes under Executive FOR FURTHER INFORMATION CONTACT: Mr.
2614, and 2616.
Order 13175 (65 FR 67249, November 9, Cy Greenidge, Program Analyst, Office
2000). This action does not have ■ 2. Amend § 761.207 by revising of Government-wide Policy, at 202–
significant Federalism implications 219–2349 or email at cy.greenidge@
paragraphs (a)(1), (a)(2) and (a)(3) to
under Executive Order 13132 (64 FR gsa.gov for clarification of content. For
read as follows:
43255, August 10, 1999). Because this information pertaining to status or
final rule has been exempted from § 761.207 The manifest—general publication schedules, contact the
review under Executive Order 12866, requirements. Regulatory Secretariat at 202–501–4755.
this final rule is not subject to Executive Please cite FTR Amendment 2015–04;
(a) * * * FTR case 2010–307; Correction.
Order 13211, entitled Actions
Concerning Regulations That (1) For each bulk load of PCBs, the SUPPLEMENTARY INFORMATION: GSA
Significantly Affect Energy Supply, identity of the PCB waste, the earliest published a final rule in the Federal
Distribution, or Use (66 FR 28355, May date of removal from service for Register at 75 FR 72965 on November
22, 2001) or Executive Order 13045, disposal, and the weight in kilograms of 29, 2010, to update the FTR by
entitled Protection of Children from the PCB waste. (Item 14—Special removing the Privately Owned Vehicle
Environmental Health Risks and Safety Handling Instructions box) (POV) rates from the text of the FTR and
Risks (62 FR 19885, April 23, 1997). (2) For each PCB Article Container or instead directing travelers to a Web site
This final rule does not contain any (at http://www.gsa.gov/ftr) with these
PCB Container, the unique identifying
information collections subject to OMB rates. Inadvertently, the URL was not for
number, type of PCB waste (e.g., soil,
approval under the Paperwork the correct Web page. Therefore, GSA is
Reduction Act (PRA), 44 U.S.C. 3501 et debris, small capacitors), earliest date of
issuing this amendment correction to
seq., nor does it require any special removal from service for disposal, and the final rule to further amend the FTR
considerations under Executive Order weight in kilograms of the PCB waste by inserting the correct URL.
12898, entitled Federal Actions to contained. (Item 14—Special Handling
Instructions box) List of Subjects in 41 CFR Part 301–10
Address Environmental Justice in
Minority Populations and Low-Income (3) For each PCB Article not in a PCB Administrative practices and
Populations (59 FR 7629, February 16, Container or PCB Article Container, the procedures, Government employees,
1994). This action does not involve serial number if available, or other Travel and transportation expenses.
technical standards; thus, the identification if there is no serial Dated: June 24, 2015.
requirements of Section 12(d) of the number, the date of removal from Giancarlo Brizzi,
National Technology Transfer and service for disposal, and weight in Acting Associate Administrator.
Advancement Act of 1995 (15 U.S.C. kilograms of the PCB waste in each PCB For the reasons set forth in the
272 note) do not apply. Article. (Item 14—Special Handling preamble, pursuant to 5 U.S.C. 5701–
The Congressional Review Act, 5
Instructions box) 5707, GSA amends 41 CFR part 301–10
U.S.C. 801 et seq., generally provides
as set forth below:
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

that before certain actions may take * * * * *
effect, the agency promulgating the [FR Doc. 2015–16395 Filed 7–1–15; 8:45 am] PART 301–10—TRANSPORTATION
action must submit a report, which BILLING CODE 6560–50–P EXPENSES
includes a copy of the action, to each
House of the Congress and to the ■ 1. The authority citation for 41 CFR
Comptroller General of the United part 301–10 continues to read as
States. Because this final action does not follows:
contain legally binding requirements, it Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
is not subject to the Congressional 49 U.S.C. 40118; OMB Circular No. A–126,
Review Act revised May 22, 1992.

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Document Created: 2015-12-15 13:16:01
Document Modified: 2015-12-15 13:16:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		This final rule is effective on July 2, 2015.
Contact		Karen Swetland, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Avenue NW., Washington, DC, 20460, Phone: 703-308-8421; or by email: [email protected]
FR Citation		80 FR 37994
CFR Associated		Environmental Protection; Manifest and Polychlorinated Biphenyls