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National Environmental Performance Track Program; Corrections

air-emissions · Rule · Published 2004-10-25 · Effective 2004-12-27 · 69 FR 62217

Document

Document number
04-23842
Federal Register citation
69 FR 62217
CFR reference
40 CFR 262
Type
Rule
Action
Direct final rule; corrections.
Category
air-emissions
Publication date
2004-10-25
Effective date
2004-12-27
EPA docket
OA-2004-0004

Abstract

EPA is taking direct final action to revise and correct certain provisions in the Resource Conservation and Recovery Act (RCRA) program applicable only to members of the National Environmental Performance Track Program. The revisions concern the proposed rule published on August 13, 2002 (67 FR 52674), and the subsequent final rule published on April 22, 2004 (69 FR 21737). Both the proposal and the final rule contained an inconsistency between the preamble language and regulatory language. The final rule also inadvertently omitted three references to applicable regulatory provisions that were properly referenced in the proposed rule. The proposed and final rules cover provisions under both the Clean Air Act and RCRA. Today's direct final rule applies only to the RCRA provisions. The Clean Air Act provisions are unchanged. The regulatory proposal of August 13, 2002 was published with a description in the preamble that was inconsistent with the proposed regulatory language. EPA used the word "or" in the preamble description of the provision requiring notice when a generator accumulates hazardous waste, while the subject regulatory language used the word "and." No public comment was received during the public comment period concerning the inconsistent language, and the April 2004 rule repeated the inconsistency between the preamble and the regulatory language. Today's rule corrects the preamble language to clarify that the rule requires notification to both the Regional Administrator and the authorized State. In addition, the April 2004 final rule did not include three applicable regulatory provisions that were included in the original preamble of August 13, 2002 (67 FR 52674) proposal. The applicable regulatory provisions omitted from the final rule were correctly published in the proposal. Today's rule corrects the April 2004 final rule to include the applicable regulatory provisions. EPA is publishing today's direct final rulemaking to address the inconsistency bet

Source

Authoritative
Federal Register document
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