[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Rules and Regulations]
[Pages 78918-78926]
[FR Doc No: 2010-31773]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 268, and 302

[EPA-HQ-RCRA-2009-0310, FRL-9239-8]
RIN 2050-AG55

Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Removal of Saccharin and Its Salts From the Lists of
Hazardous Constituents, Hazardous Wastes, and Hazardous Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
amending its regulations under the Resource Conservation and Recovery
Act (RCRA) to remove saccharin and its salts from the lists of
hazardous constituents and commercial chemical products which are
hazardous wastes when discarded or intended to be discarded. EPA is
also amending the regulations under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) to remove saccharin
and its salts from the list of hazardous substances. This final rule is
in response to a petition submitted to EPA by the Calorie Control
Council (CCC) to remove saccharin and its salts from the above lists.
EPA is granting CCC's petition based on a review of the evaluations
conducted by key public health agencies concerning the carcinogenic and
other potential toxicological effects of saccharin and its salts, as
well as EPA's own assessment of the waste generation and management
information for saccharin and its salts. This review/assessment
demonstrates that saccharin and its salts do not meet the criteria in
the hazardous waste regulations for remaining on EPA's lists of
hazardous constituents, hazardous wastes, and hazardous substances.

DATES: This final rule is effective on January 18, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-RCRA-2009-0310. All documents in the docket are listed in
the http://www.regulations.gov index. Certain material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OSWER Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC 20460. The Public Meeting Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the OSWER Docket and the Public
Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information, review our
Web site at http://www.epa.gov/epaoswer/hazwaste. For information on
specific aspects of the rule, contact Narendra Chaudhari of the Office
of Resource Conservation and Recovery (5304P), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Who is potentially affected by this final rule?

    This final rule could directly affect businesses that generate or
manage

unused commercial products that contain saccharin or its salts.
Specifically, the wastes affected by this final rule are unused
commercial chemical products, manufacturing chemical intermediates,
off-specification material, container residues, and spill residues that
contain saccharin or its salts in a pure or technical grade form, or as
the sole active ingredient and are listed as EPA Hazardous Waste No.
U202 (see 40 CFR 261.33(f)). These wastes will no longer be subject to
the U202 listing, provided the States adopt and seek authorization for
this final rule. This action may also affect entities that need to
respond to releases of these wastes as CERCLA hazardous substances,
since saccharin and its salts will no longer be CERCLA hazardous
substances. Persons in charge of vessels or facilities from which
saccharin or its salts are released will no longer be required to
immediately notify the National Response Center of the release under
section 103 of CERCLA and will not be subject to the liability
provisions under section 107 of CERCLA. The table below provides a
guide for readers regarding entities that likely would be directly or
indirectly affected by this action, based on the information available
from the 2007 Biennial Report.\1\
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    \1\ EPA, in partnership with the States, biennially collects
information regarding the generation, management, and final
disposition of hazardous wastes regulated under RCRA. See the 2007
Biennial Report on the EPA Web site http://www.epa.gov/epawaste/inforesources/data/index.htm.
    \2\ Saccharin and its salts are used in personal-care products,
such as mouthwash, dental cleaners, and lipstick, which come under
Toilet Preparation Manufacturing (NAICS Code 32562).

         Industry Sectors Potentially Affected by the Final Rule
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            NAICS code               Industry description for NAICS code
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31193.............................  Flavoring Syrup and Concentrate
                                     Manufacturing.
312111............................  Soft Drink Manufacturing.
325199............................  All Other Basic Organic Chemical
                                     Manufacturing [manufacturers of
                                     saccharin].
32541.............................  Pharmaceutical and Medicine
                                     Manufacturing.
325411............................  Medicinal and Botanical
                                     Manufacturing.
325412............................  Pharmaceutical Preparation
                                     Manufacturing.
32562.............................  Toilet Preparation Manufacturing.\2\
49311.............................  General Warehousing and Storage.
5417..............................  Scientific Research and Development
                                     Services.
54171.............................  Research and Development in the
                                     Physical, Engineering, and Life
                                     Sciences.
61131.............................  Colleges, Universities, and
                                     Professional Schools.
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    This action, however, may affect other entities not listed in the
table. To determine whether your facility is affected by this action,
you should examine 40 CFR parts 261, 268 and 302 carefully, along with
the final regulatory language amending Chapter I of the Code of Federal
Regulations (CFR). This language is found at the end of this Federal
Register notice. If you have questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding section entitled FOR FURTHER INFORMATION CONTACT.

Preamble Outline

I. Statutory Authority
II. List of Abbreviations and Acronyms
III. Summary of This Action
IV. Summary of the Proposed Action
V. EPA's Evaluation of the Petition Based on the Available
Toxicological Information and Waste Generation and Management
Information for Saccharin and Its Salts
    A. Evaluation of Toxicological Information for Saccharin and Its
Salts To Assess the Petition
    1. Evaluation of Information on the Carcinogenicity of Saccharin
and Its Salts by NTP and IARC
    2. Evaluation of Information on Other Toxicological Effects of
Saccharin and Its Salts by NTP and IARC
    B. Evaluation of Waste Generation and Management Information for
Saccharin and Its Salts To Assess the Petition
    1. Quantity and Types of Wastes Generated
    2. Factors Considered for Waste Listing
VI. Response to Comments and Rationale for the Final Rule
    A. Response to Comments
    B. EPA's Rationale for Granting the Petition
VII. Status of Land Disposal Restrictions for U202 Listed Wastes
VIII. State Authorization
    A. Applicability of the Rule in Authorized States
    B. Effect on State Authorization
IX. CERCLA Designation and List of Hazardous Substances and
Reportable Quantities
X. Relationship to Other Rules
XI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Statutory Authority

    These regulations are being promulgated under the authority of
sections 1006, 2002(a), 3001 and 3002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act (RCRA), as
amended, by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42
U.S.C. 6905, 6912(a), 6921, 6922, 6924, 6924(y), and 6938. These
statutes combined are commonly referred to as the ``Resource
Conservation and Recovery Act'' (RCRA) and will be referred to as such
for the remainder of this action.
    Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9602, as
amended, is the authority under which the CERCLA aspects of this rule
are promulgated.

II. List of Abbreviations and Acronyms

BRS Biennial Reporting System
CCC Calorie Control Council
CERCLA Comprehensive Environmental Response, Compensation, and
Liability Act
CFR Code of Federal Regulations
EPA Environmental Protection Agency
EPCRA Emergency Planning and Community Right-to-Know Act
FDA Food and Drug Administration
HSWA Hazardous and Solid Waste Amendments of 1984

IARC International Agency for Research on Cancer
LD50 Lethal Dose 50%
LDRs Land Disposal Restrictions
NAICS North American Industrial Classification System
NOEL No Effect Level
NTP National Toxicology Program
OMB Office of Management and Budget
ROC Report on Carcinogens
RQ Reportable Quantity

III. Summary of This Action

    In this notice, EPA is finalizing regulations to remove saccharin
and its salts from the lists of hazardous constituents (40 CFR part
261, Appendix VIII) and hazardous wastes (40 CFR 261.33 (f)) under RCRA
and from the list of hazardous substances (40 CFR 302.4) under CERCLA.
These final regulations are substantively the same as those that EPA
proposed on April 22, 2010 (75 FR 20942).\3\ This final rule is in
response to a petition submitted to EPA by the Calorie Control Council
(CCC),\4\ under 40 CFR 260.20, to remove saccharin and its salts from
its lists of hazardous constituents and hazardous wastes. In the same
petition, CCC also requested removal of saccharin and its salts from
the list of hazardous substances. EPA is granting CCC's petition based
on a review of the evaluations conducted by key public health agencies
concerning the carcinogenic and other potential toxicological effects
of saccharin and its salts, as well as EPA's own assessment of the
waste generation and management information for saccharin and its
salts. This review/assessment demonstrates that saccharin and its salts
do not meet the criteria in the hazardous waste regulations for
remaining on EPA's lists of hazardous constituents, hazardous wastes,
and hazardous substances.
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    \3\ The regulations proposed by EPA on April 22, 2010 did not
remove the chemical name of saccharin and its salts (1, 2-
Benzisothiazol-3(2H)-one, 1, 1-dioxide, & salts) from 40 CFR 302.4.
The final regulatory text corrects that inadvertent omission.
    \4\ To examine CCC's complete petition, see the docket for this
final rule.
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IV. Summary of the Proposed Action

    On April 22, 2010, EPA issued a proposed rule (75 FR 20942) that
would grant a petition submitted by CCC to remove saccharin and its
salts from the lists of hazardous constituents (40 CFR part 261,
Appendix VIII), hazardous wastes (40 CFR 261.33(f)), and hazardous
substances (40 CFR 302.4). Under Sec.  260.20, any person may petition
the EPA Administrator to modify or revoke any provision in parts 260
through 266, 267, 268, and 273 of 40 CFR. The CCC argued in its
petition (which is included in the docket for this final rule) that the
current scientific evidence, as viewed by key public health agencies,
such as the National Toxicology Program (NTP) and the International
Agency for Research on Cancer (IARC), does not support classifying
saccharin as a potential human carcinogen, which was EPA's original and
only basis for placing saccharin and its salts on its lists of
hazardous constituents, hazardous wastes, and hazardous substances.
EPA's evaluation of this petition considered the original basis for the
listing, NTP's and IARC's more recent conclusions about the risk of
carcinogenicity of saccharin and its salts, as well as other factors or
criteria required for making a listing determination. Based on this
evaluation, EPA determined that saccharin and its salts do not present
a significant risk to human health or the environment. Therefore, EPA
proposed to grant CCC's petition by proposing to remove saccharin and
its salts from the lists of hazardous constituents (40 CFR part 261,
Appendix VIII), hazardous wastes (40 CFR 261.33(f)), and hazardous
substances (40 CFR 302.4).

V. EPA's Evaluation of the Petition Based on the Available
Toxicological Information and Waste Generation and Management
Information for Saccharin and Its Salts

    Saccharin is a white crystalline powder which is about 300 times
sweeter than sucrose. It is typically available commercially either in
the acid form (saccharin) or as salts (sodium saccharin or calcium
saccharin). The use of the name saccharin has been applied to all three
forms of this chemical. The chemical name for saccharin and its salts
is ``1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide & salts.'' Saccharin and
its salts are used primarily as non-nutritive sweeteners. The most
common uses are in diet soft drinks, as a table-top sweetener, and in
products, such as juices, sweets, chewing gum and jellies. They are
also used in cosmetics (e.g., toothpaste, mouthwash, and lipstick),
pharmaceuticals (e.g., for coatings on pills), and electroplating
(e.g., as a brightener in nickel-plating baths).
    As discussed in the proposed rule, EPA listed saccharin and its
salts on the lists of hazardous constituents (40 CFR part 261, Appendix
VIII), hazardous wastes (40 CFR 261.33(f)), and hazardous substances
(40 CFR 302.4) based solely upon the evidence that it is a potential
human carcinogen (75 FR 20945, April 22, 2010). EPA's evaluation of
CCC's petition includes consideration of the original basis for the
listings in light of the most recent scientific evidence about the risk
of carcinogenicity of saccharin and its salts. However, EPA has also
evaluated the petitioner's requests against the listing criteria and
factors that would need to be considered under the regulations.

A. Evaluation of Toxicological Information for Saccharin and Its Salts
To Assess the Petition

    There have been numerous scientific studies conducted over the past
several decades for the purpose of determining the toxicological
effects, in particular carcinogenic effects, from the use of saccharin
and its salts. The NTP and IARC have recently re-evaluated the
available scientific information on saccharin and its salts relevant to
its carcinogenic and other toxicological effects. In 1996, CCC
submitted a nomination to (or petitioned) the NTP to consider removing
saccharin from its Report on Carcinogens (ROC) ``based upon mechanistic
data related to development of urinary bladder cancers in rats.'' NTP
re-evaluated the available scientific information for saccharin and
published its decision on CCC's petition in 2000, as part of its 9th
ROC. In 1999, IARC published the results of its latest re-evaluation of
the available scientific information for saccharin and its salts. The
evaluations on the carcinogenicity and other toxicological effects of
saccharin and its salts by NTP and IARC are summarized below. See the
``NTP Report on Carcinogens Background Document for Saccharin'' (which
will now be referred to as NTP's Background Document) and part of the
IARC Monographs Volume 73 concerning saccharin and its salts, which are
included in the docket for this rulemaking. EPA believes it is
appropriate to accept the saccharin evaluations performed by NTP and
IARC. The NTP decision to delist saccharin from the ROC included
scientific peer reviews, as well as public comment. IARC's evaluation
on the carcinogenicity of saccharin and its salts provides additional
support in EPA's assessment of CCC's petition.
1. Evaluation of Information on the Carcinogenicity of Saccharin and
Its Salts by NTP and IARC
    NTP initially listed saccharin as ``reasonably anticipated to be a
human carcinogen'' in its 2nd ROC, published in 1981, based on
sufficient evidence, at that time, of carcinogenicity in experimental
animals. Specifically, the listing was based on increased

incidence of bladder tumors in experimental animals, especially male
rats, when they were fed sodium saccharin. However, saccharin was
removed, or delisted, by NTP in its 9th ROC, published in 2000. The
delisting decision for saccharin was made on the basis of a formal
review process adopted by NTP, which included two Federal and one non-
governmental scientific peer review and public comment and review.
    In the ROC and its background document, NTP summarized its
evaluation supporting the decision to remove saccharin as ``reasonably
anticipated to be a human carcinogen'' as follows:

    ``There is evidence of the carcinogenicity of saccharin in rats
but less convincing evidence in mice. Mechanistic studies indicate
that the observed urinary bladder cancers in rat studies are related
to urinary pH, osmolality, volume, presence of precipitate and
urothelial damage with attendant hyperplasia following dietary
concentrations of 3% or higher with inconsistent findings at lower
dietary concentrations. The factors thought to contribute to tumor
induction by sodium saccharin in rats would not be expected to occur
in humans. The mouse data are inconsistent and require verification
by additional studies. Results of several epidemiology studies
indicate no clear association between saccharin consumption and
urinary bladder cancer. Although it is impossible to absolutely
conclude that it poses no threat to human health, sodium saccharin
is not reasonably anticipated to be a human carcinogen under
conditions of general usage as an artificial sweetener.''

The available epidemiology studies, according to NTP, mostly examined
associations between urinary bladder cancer and artificial sweeteners,
rather than saccharin per se. The time trend data for bladder cancer
from these studies were thought to be essentially noninformative with
no clear indication that the increased use of saccharin or artificial
sweeteners, beginning in the 1940's, was associated with any general
increase in bladder cancer when controlled for confounding factors,
mainly smoking. NTP's decision to delist saccharin, as stated in the
ROC, was as follows:

    ``Saccharin will be delisted from the Report on Carcinogens,
because the rodent cancer data are not sufficient to meet the
current criteria to list this chemical as reasonably anticipated to
be a human carcinogen. This is based on the perception that the
observed bladder tumors in rats arise by mechanisms not relevant to
humans, and the lack of data in humans suggesting a carcinogenic
hazard.''

IARC first evaluated saccharin in 1980 and concluded the following:

    ``There is sufficient evidence that saccharin alone, given at
high doses, produces tumours of the urinary tract in male rats * *
*'' (IARC, 1980).

In 1999, IARC presented its last re-evaluation, taking into
consideration all new data on saccharin and its salts. It found that,
based on a review of human studies on the carcinogenicity of artificial
sweeteners, that there is ``no consistent pattern of dose-response
relationship between use of artificial sweeteners and cancers of the
urinary bladder or lower urinary tract is apparent in the available
literature.'' The animal studies in rats with sodium saccharin did show
urinary bladder tumors in the 2-generation studies. However, the
incidence of bladder tumors was significant only at higher doses
(greater than 3% of the diet). Based on this re-evaluation, IARC
concluded the following:

    ``There is inadequate evidence in humans for the carcinogenicity
of saccharin salts used as sweeteners.''
    ``There is sufficient evidence in experimental animals for the
carcinogenicity of sodium saccharin.''
    ``There is inadequate evidence in experimental animals for the
carcinogenicity of saccharin (acid form) and calcium saccharin.''

In making its overall evaluation of the carcinogenic risk from
saccharin and its salts, IARC stated the following:

    ``In making its evaluation, the Working Group concluded that
sodium saccharin produces urothelial bladder tumours in rats by a
non-DNA-reactive mechanism that involves the formation of urinary
calcium phosphate-containing precipitate, cytotoxicity and enhanced
cell proliferation. This mechanism is not relevant to humans because
of critical interspecies differences in urine composition.''
    ``Saccharin and its salts are not classifiable as to their
carcinogenicity to humans (Group 3).''
2. Evaluation of Information on Other Toxicological Effects of
Saccharin and Its Salts by NTP and IARC
    In addition to the evaluation of information on saccharin's
carcinogenicity, NTP's Background Document and IARC's 1999 re-
evaluation (as presented in IARC Monograph Volume 73) included
information and analysis on other toxicological effects of saccharin
and its salts. Specifically, saccharin, in the form of sodium
saccharin, has generally been tested in rats by feeding the rats diets
containing specified amounts of sodium saccharin. It has not been found
to be acutely toxic in rats based on the criterion for listing
hazardous wastes under Sec.  261.11(a)(2). The LD50 values
for sodium saccharin by oral administration in rats ranged from 14 g/kg
(14,000 mg/kg) to 17 g/kg (17,000 mg/kg) of body weight, which is
significantly higher than the oral LD50 value for rats of
less than 50 mg/kg specified under the listing criterion. A 2-
generation feeding study in rats that were given 1% to 7.5% sodium
saccharin in their diet indicated that a 1% dietary level (500 mg/kg of
body weight) of sodium saccharin represented a no-effect level (NOEL).
There was also no significant increase in the incidence of urinary
bladder tumors at the 3% dietary level of sodium saccharin. Generally,
the studies on mutagenicity, genotoxicity, developmental and
reproductive toxicity using saccharin and sodium saccharin have shown
negative results. For more detailed information and analysis on other
toxicological effects of saccharin and its salts, see NTP's Background
Document and IARC's 1999 re-evaluation in the docket for this final
rule.

B. Evaluation of Waste Generation and Management Information for
Saccharin and Its Salts To Assess the Petition

1. Quantity and Types of Wastes Generated
    Saccharin and its salts are listed hazardous wastes, if the waste
arises from the discard of commercial chemical products, manufacturing
chemical intermediates, off-specification material, container residues
or spill residues (EPA Hazardous Waste No. U202 in 40 CFR 261.33(f)).
The U-waste code applies only if the chemical is present in a pure or
technical grade form, or is the sole active ingredient in the chemical
formulation; in addition, the chemical must be unused.
    The U202 listing is narrow and does not apply to other discarded
materials that merely contain saccharin or its salts, e.g., discarded
products that contain saccharin as a sweetening agent. Nor does the
listing apply to manufacturing process wastes that may contain
saccharin or its salts, except for unused or off-specification
saccharin or its salts that are discarded. Therefore, U202 is primarily
generated by companies that manufacture saccharin or its salts, use
saccharin or its salts in product formulations (e.g., soft drinks,
cosmetics, pharmaceuticals), and by companies that are discarding small
quantities of unused or off-specification saccharin or its salts, such
as some laboratories.
    Facilities are required by EPA to report the amount of hazardous
waste, including U202 generated biennially (every two years) as part of
the Biennial

Report System, or BRS. Based on the information available from the BRS
for the years 2001, 2003, 2005, and 2007, generators reported a total
of 123 specific wastes listed as U202 during this time period (some
generators reported multiple U202 wastes over the years in question).
The total amount of U202 waste generated over this time period was 20
tons for all industries/NAIC Codes; for 2007, there were 4.1 tons of
U202 reported for 29 separate wastes.
    Most of the U202 wastes appear to be discarded unused or off
specification material and ``lab packs,'' which package hazardous items
for shipping and disposal. A limited number of other wastes are also
reported, including contaminated debris/soil, organic and aqueous
liquids, and other unidentified material. Although wastes were reported
as ``generated'' by hazardous waste treatment, storage, and disposal
facilities, the BRS data indicate that nearly all of these wastes were
not generated on-site, but rather were received from off-site for
storage/packing and subsequent transfer for treatment or disposal. To
avoid counting these wastes twice (i.e., the reported wastes from the
generator and again from the waste facility packing/transferring the
waste), one can subtract out the amounts of waste reported by hazardous
waste collection and treatment facilities. Removing the U202 wastes
generated at these hazardous waste handling facilities from the 20 tons
reported for all industries/NAIC Codes noted previously gives a total
of 14.7 tons generated from 2001 through 2007; similarly, removing the
double counting in the 2007 data from the 4.1 tons of U202 reported for
all NAIC Codes gives 2.9 tons for 2007 alone. Therefore, the total
quantity of U202 generated is quite small compared to the total volume
of hazardous waste generated, both on an annual basis and over the
course of four reporting years.\5\
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    \5\ For comparison, BRS shows that approximately 47 million tons
of hazardous waste was generated in 2007 (see http://www.epa.gov/osw/inforesources/data/br07/national07.pdf). Also in 2007,
approximately 137 million tons of municipal waste went to landfills
and other disposal (see http://www.epa.gov/epawaste/nonhaz/municipal/msw99.htm).
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2. Factors Considered for Waste Listing
    Saccharin and its salts were listed as hazardous waste under the
criterion for listing given in 40 CFR 261.11(a)(3). Under this
criterion, the Agency can list a waste if it contains any of the toxic
constituents identified in 40 CFR part 261, Appendix VIII and, after
considering a number of factors, the Agency concludes that the waste
poses a ``substantial present or potential hazard to human health or
the environment'' when improperly managed. The nature of the toxicity
of a chemical contained in a waste is one of the factors to be
considered in listing a waste as ``toxic'' (see Sec.  261.11(a)(3)(i)).
The Agency cited toxicity as the ``decisive'' factor in listing
commercial chemical products under Sec.  261.33(f), because the waste
is typically the chemical itself (see EPA's Background Document for
Sec.  261.33, April 1981). Saccharin and its salts were listed as toxic
constituents on Appendix VIII of part 261 and subsequently identified
as hazardous wastes in Sec.  261.33(f) based solely on their potential
for carcinogenic effect in humans. Therefore, if the toxicological
basis for listing saccharin and its salts on Appendix VIII of part 261
is removed, then the basis for listing in Sec.  261.33(f) no longer
exists.
    Other factors considered in listing a waste under Sec.
261.11(a)(3) are related to the potential of the chemical to migrate if
improperly managed, and include the chemical's persistence and
accumulation potential. However, these other factors are not critical
in a listing evaluation for commercial chemical products containing
saccharin and its salts, because the low toxicity of these chemicals
revealed in scientific studies, including a lack of potential
carcinogenic effect in humans, means that any risk from a plausible
management scenario (e. g., disposal in a landfill) would not be
sufficient to cause a substantial present or potential hazard to human
health or the environment. In addition, the quantity of waste generated
from the discard of saccharin and its salts by individual facilities
and on a nationwide basis (Sec.  261.11(a)(3)(viii)) is relatively
small, as described previously, which further reduces any potential
hazard that might arise from disposal of the waste. The generators are
distributed across the nation, located in 42 different counties
according to BRS data, reducing the likelihood of significant co-
disposal in the same landfill.
    Additionally, one of the other factors for EPA to consider is
action taken by other governmental agencies and regulatory programs
(Sec.  261.11(a)(3)(x)). These actions also demonstrate that saccharin
and its salts do not present a substantial hazard to human health or
the environment. These actions include: (1) The determinations by NTP
and IARC that saccharin is not a potential human carcinogen, as
discussed previously; (2) the State of California's removal of
saccharin and its salts from its list of chemicals known to cause
cancer or reproductive toxicity (under its Safe Drinking Water and
Toxic Enforcement Act of 1986, known as ``proposition 65''); \6\ and
(3) the FDA's approval of a variety of uses of saccharin in food,
cosmetics, and drugs, and the elimination of the warning label on food
containing saccharin.\7\ Saccharin and its salts continue to be used
widely as a non-nutritive sweetener in food products and are also used
in products, such as toothpaste, mouthwash, chewing gum, confections,
and pharmaceuticals.
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    \6\ California EPA, Office of Environmental Health Hazard
Assessment, Notice to Interested Parties for Chemical Delisted
Effective April 6, 2001 and Notice to Interested Parties for
Chemical Delisted Effective January 17, 2003 (available in the
docket for this proposed rulemaking).
    \7\ Section 517, Title V, Appendix A, Consolidated
Appropriations Act of 2001 (Pub. L. 106-554, 114 Stat. 2763),
repealed 21 U.S.C. 343(o), the saccharin warning statement
requirement.
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    Furthermore, as noted previously in section V.A.2., the information
reviewed indicates that saccharin and its salts are not acutely toxic,
and as such, they would not meet the criterion for listing hazardous
wastes under Sec.  261.11(a)(2). Moreover, saccharin and its salts do
not meet the criterion under Sec.  261.11(a)(1), because saccharin and
its salts are not expected to exhibit any of the characteristics of
hazardous waste, i.e., ignitability, corrosivity, reactivity, and
toxicity, as described in 40 CFR 261.21 through 261.24.
    Finally, the Agency needed to consider only one factor in listing
saccharin and its salts as hazardous substances under CERCLA. Under the
statutory provisions of section 101(14)(C) of CERCLA, a hazardous waste
that exhibits one or more of the hazardous waste characteristics or
specifically is listed as a hazardous waste under RCRA becomes a
hazardous substance under CERCLA.\8\ As a result, saccharin and its
salts were listed in 40 CFR 302.4 and designated as hazardous
substances under section 102(a) of CERCLA. The Agency no longer has an
independent basis upon which to retain saccharin and its salts as
CERCLA hazardous substances and is taking action to remove saccharin
and its salts

from the list of CERCLA hazardous substances.
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    \8\ In addition, hazardous substances include: (1) Any substance
designated pursuant to section 311(b)(2)(A) of the Federal Water
Pollution Control Act; (2) any element, compound, mixture, solution,
or substance designated pursuant to section 102 of the Comprehensive
Environmental Response, Compensation, and Liability Act; (3) any
toxic pollutant listed under section 307(a) of the Federal Water
Pollution Control Act; (4) any hazardous air pollutant listed under
section 112 of the Clean Air Act; and (5) any imminently hazardous
chemical substance or mixture with respect to which the
Administrator has taken action pursuant to section 7 of the Toxic
Substances Control Act. Saccharin and its salts are not included on
any of these lists.
---------------------------------------------------------------------------

VI. Response to Comments and Rationale for the Final Rule

A. Response to Comments

    EPA received comments from the CCC and the New York State
Department of Environmental Conservation (NYSDEC) in response to the
proposed rule. The CCC supported EPA's proposal, which responded to
CCC's April 30, 2003 petition, to remove saccharin and its salts from
the lists of hazardous constituents, hazardous wastes and hazardous
substances. In its comments, CCC stated that the current scientific
evidence for saccharin and EPA's own assessment supports the Agency's
proposed decision to remove saccharin and its salts from its lists.
NYSDEC's comments do not present any concerns about EPA's proposal to
remove saccharin and its salts from its lists. Instead, NYSDEC's
comments request clarification regarding the regulatory status of a
discarded unused chemical product containing multiple ingredients
(i.e., saccharin-containing nicotine gum) under 40 CFR 261.33. Since
EPA's proposal was for removing saccharin and its salts from its lists,
the Agency does not consider NYSDEC's comments to be within the scope
of the rule and therefore, not relevant to its decision on finalizing
the proposal. The entire comments submitted by CCC and NYSDEC in
response to the proposed rule are available in the docket for this
rulemaking.

B. EPA's Rationale for Granting the Petition

    In summary, the comments on the proposed rule were either
supportive or requested clarification on an issue that is not relevant
to EPA's proposed decision; the Agency received no comments that
disagreed with EPA's proposal to remove saccharin and its salts from
the lists of hazardous constituents (40 CFR part 261, Appendix VIII),
hazardous wastes (40 CFR 261.33(f)), and hazardous substances (40 CFR
302.4). EPA believes that saccharin and its salts, based on the results
of the latest reviews of the available scientific information performed
by NTP and IARC, do not pose a present or potential risk of causing
toxic, carcinogenic, mutagenic or teratogenic effects on humans or
other life forms. This is because saccharin and its salts: (1) Are not
found to be highly toxic in scientific studies; (2) are not reasonably
expected to have carcinogenic effects in humans and carcinogenic
effects in experimental animals (i.e., rats) have been observed mainly
at higher doses (greater than 3% of the diet) and effect mechanisms
that are not relevant to humans; and (3) are not reasonably expected to
be mutagenic or teratogenic. Therefore, there is no basis for retaining
saccharin and its salts as a hazardous constituent listed on Appendix
VIII of Part 261.
    EPA also believes that saccharin and its salts, based on a review
of the evaluations conducted by NTP and IARC concerning the
carcinogenic and other potential toxicological effects of saccharin and
its salts, as well as EPA's own assessment of waste generation and
management information for saccharin and its salts, do not meet the
criteria for listing as hazardous wastes under 40 CFR 261.11. This is
because saccharin and its salts: (1) Are not known to exhibit any of
the characteristics of hazardous wastes identified in 40 CFR 261.21
through 261.24; (2) are not found to be acutely toxic in studies with
animals; (3) are not found to be highly toxic in non-acute (longer-
term) scientific studies; (4) are not discarded annually in a quantity
which could reasonably be considered to pose a ``substantial present or
potential hazard to human health or the environment'' when improperly
treated, stored, transported, or disposed of, or otherwise managed; and
(5) are not considered hazardous by other government agencies and
regulatory programs. Therefore, there is no basis for retaining the
listing for saccharin and its salts as a hazardous waste under 40 CFR
261.33(f).
    EPA's listing of saccharin and its salts as hazardous substances
under CERCLA (40 CFR 302.4) was based solely upon these substances
being listed as U202 hazardous wastes under RCRA (40 CFR 261.33(f)).
Therefore, since the Agency is removing saccharin and its salts as U202
listed hazardous wastes and saccharin and its salts are not designated
or listed as hazardous substances on any of the other environmental
statutes identified in section 101(14) of CERCLA that defines the term
``hazardous substance,'' there exists no independent basis for
retaining saccharin and its salts on CERCLA's list of hazardous
substances (40 CFR 302.4). Based on the above conclusions, EPA has
decided to finalize the proposed rule granting CCC's petition without
any substantive changes.

VII. Status of Land Disposal Restrictions for U202 Listed Wastes

    As discussed in the previous section, the Agency is removing
saccharin and its salts from the list of unused commercial chemical
products, manufacturing chemical intermediates, off-specification
material, container residues, and spill residues which are hazardous
wastes when discarded or intended to be discarded (40 CFR 261.33(f)).
These chemicals are specifically listed as RCRA Hazardous Waste No.
U202 under 40 CFR 261.33(f). The regulations under 40 CFR part 268,
prohibit the land disposal of RCRA hazardous waste unless they meet a
certain level or have been treated by a technology specified by EPA
prior to land disposal. See the table ``Treatment Standards for
Hazardous Wastes'' in Sec.  268.40. The land disposal restrictions
(LDRs) only apply to solid wastes that are RCRA hazardous wastes.
Because saccharin and its salts are being removed from the list of
hazardous wastes based on this final rule, they would not be subject to
the LDRs. Therefore, EPA is also removing saccharin and its salts from
the table ``Treatment Standards for Hazardous Wastes'' in Sec.  268.40.

VIII. State Authorization

A. Applicability of the Rule in Authorized States

    Under section 3006 of RCRA, EPA may authorize a qualified State to
administer and enforce a hazardous waste program within the State in
lieu of the Federal program, and to issue and enforce permits in the
State. Following authorization, EPA retains enforcement authority under
sections 3008, 3013, and 7003 of RCRA, although authorized States have
primary enforcement responsibility. The standards and requirements for
State authorization are found at 40 CFR part 271.
    Prior to enactment of the Hazardous and Solid Waste Amendments of
1984 (HSWA), a State with final RCRA authorization administered its
hazardous waste program entirely in lieu of EPA administering the
Federal program in that State. The Federal requirements no longer
applied in the authorized State, and EPA could not issue permits for
any facilities in that State, since only the State was authorized to
issue RCRA permits. When new, more stringent Federal requirements were
promulgated, the State is obligated to enact equivalent authorities
within specified timeframes. However, the new Federal requirements do
not take effect in an authorized State until the State adopted the
Federal requirements as State law.
    In contrast, under RCRA section 3006(g), (42 U.S.C. 6926(g)), new
Federal requirements and prohibitions imposed pursuant to HSWA
authority take effect in authorized States at the same time that they
take effect in

unauthorized States. Although authorized States still are required to
update their hazardous waste programs to remain equivalent to the
Federal program, EPA is directed by the statute to implement the
requirements and prohibitions in authorized States, including the
issuance of new permits implementing those requirements, until EPA
authorizes the State to do so.
    Authorized States are required to modify their programs only when
EPA promulgates Federal requirements that are more stringent or broader
in scope than existing Federal requirements. RCRA section 3009 allows
the States to impose standards more stringent than those in the Federal
program. See also 40 CFR 271.1(i). Therefore, authorized States may,
but are not required to adopt Federal regulations, both HSWA or non-
HSWA, that are considered less stringent than previous Federal
requirements.

B. Effect on State Authorization

    This rule is promulgated pursuant to non-HSWA authority. The
changes included in this rule are less stringent than the current
Federal requirements. Therefore, States will not be required to adopt
and seek authorization for these changes. EPA will implement the
changes in this rule only in those States which are not authorized for
the RCRA program. Nevertheless, EPA believes that this rule has
considerable merit, and the Agency thus strongly encourages States to
amend their programs and become Federally-authorized to implement this
rule.

IX. CERCLA Designation and List of Hazardous Substances and Reportable
Quantities

    Section 101(14) of CERCLA defines the term ``hazardous substance''
as those substances designated or listed under several other
environmental statutes and those substances designated by EPA as
hazardous under CERCLA section 102(a). In particular, CERCLA section
101(14)(C) incorporates by reference any hazardous waste having the
characteristics identified under or listed pursuant to section 3001 of
the Solid Waste Disposal Act. CERCLA section 102(a) authorizes EPA to
designate as hazardous those substances that, when released into the
environment, may present substantial danger to the public health,
welfare or the environment, and to establish the reportable quantity
(RQ) for all CERCLA hazardous substances. CERCLA section 102(b) sets a
RQ of one pound (statutory RQ) for hazardous substances, except those
for which RQs have been established pursuant to section 311(b)(4) of
the Clean Water Act (CWA). A list of CERCLA hazardous substances with
their corresponding RQs is provided in Table 302.4 at 40 CFR part 302.
CERCLA section 103 requires any person who releases a CERCLA hazardous
substance in an amount equal to or greater than its RQ to report the
release immediately to the National Response Center.
    On April 4, 1985, EPA issued a final rule, ``Notification
Requirements, Reportable Quantity Adjustments; Final Rule and Proposed
Rule'' (see 50 FR 13456). The final rule retained the statutory RQ of
one pound for saccharin and its salts with a note that the final RQ is
subject to change when the assessment of potential carcinogenicity and/
or chronic toxicity is completed.
    On March 16, 1987, EPA proposed to adjust the statutory RQ for
saccharin and its salts to 100 pounds (45.5 kg) (see 52 FR 8140), which
EPA finalized on August 14, 1989 (see 54 FR 33418). Saccharin and its
salts, at the time of RQ adjustment, were classified as weight of
evidence Group C,\9\ potency Group 3 \10\ substances and received a
``low'' hazard ranking.
---------------------------------------------------------------------------

    \9\ Group C (possible human carcinogen) includes hazardous
substances with ``limited'' evidence of carcinogenicity in animals
and ``inadequate evidence,'' ``no data,'' or ``no evidence'' from
human epidemiologic studies.
    \10\ Group 3--``low'' hazard category. RQ levels are assigned to
the hazard rankings as follows: high (one pound RQ), medium (10
pound RQ), and low (100 pound RQ).
---------------------------------------------------------------------------

    In this rule, the Agency is removing saccharin and its salts \11\
from the list of CERCLA hazardous substances in conjunction with the
removal of saccharin and its salts from the list of hazardous
constituents (40 CFR part 261, Appendix VIII) and the list of
commercial chemical products deemed hazardous waste (40 CFR 261.33(f)).
With removal of the RCRA hazardous waste listing, the Agency does not
have an independent basis upon which to retain saccharin and its salts
as CERCLA hazardous substances. That is, the Agency's designation of
saccharin and its salts under section 102(a) was based solely upon its
inclusion as a hazardous substance under section 101(14)(C) of CERCLA.
---------------------------------------------------------------------------

    \11\ The Agency is also removing the chemical name for saccharin
and its salts, 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts
which appears as a separate entry on the list of CERCLA hazardous
substances.
---------------------------------------------------------------------------

X. Relationship to Other Rules

    This action is not intended, and should not be inferred, to affect
the status of saccharin and its salts under any statute or program
other than RCRA and CERCLA. The granting of CCC's petition does not
remove saccharin from the EPCRA section 313 list, which requires annual
reporting of environmental releases of toxic chemicals.

XI. 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 (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

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.
Burden is defined at 5 CFR 1320.3(b). In fact, EPA expects that the
total annual respondent burden from this final rule would result in a
net reduction in national annual paperwork burden to the affected
facilities because of elimination of hazardous waste, and CERCLA
hazardous substance reporting requirements. EPA also expects this rule
to result in net annual cost savings to these same facilities from
reduced waste management costs, by the expected shift of waste
management from RCRA Subtitle C hazardous waste management, to RCRA
Subtitle D nonhazardous waste management.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not

have a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the final rule on small entities'' (5 U.S.C. 603 and
604). Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on small entities subject to the rule.
    This action is designed to lower the cost of waste management for
affected entities, by removing saccharin and its salts from the lists
of hazardous constituents and commercial chemical products which are
hazardous wastes when discarded or intended to be discarded under RCRA
and from the list of hazardous substances under CERCLA. We have
therefore concluded that today's final rule will relieve regulatory
burden for all affected small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This is because this final rule imposes no enforceable duty on
any State, local, or tribal governments or the private sector.
Therefore, this action is not subject to the requirements of sections
202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action 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 final rule primarily affects
generators of certain hazardous wastes from the discard of unused
commercial products that contain saccharin and its salts. There are no
State and local government bodies that incur direct compliance costs by
this rulemaking. Thus, Executive Order 13132 does not apply to this
action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
does not significantly or uniquely affect the communities of Indian
tribal governments, nor would it impose substantial direct compliance
costs on them. Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    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. 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 involve technical standards. Therefore, EPA is
not considering 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 (EO) 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. EPA is committed to addressing environmental justice
concerns and has assumed a leadership role in environmental justice
initiatives to enhance environmental quality for all citizens of the
United States. The Agency's goals are to ensure that no segment of the
population, regardless of race, color, national origin, income, or net
worth bears disproportionately high and adverse human health and
environmental impacts as a result of EPA's policies, programs, and
activities. Our goal is to ensure that all citizens live in clean and
sustainable communities. In response to Executive Order 12898, and to
concerns voiced by many groups outside the Agency, EPA's Office of
Solid Waste and Emergency Response (OSWER) formed an Environmental
Justice Task Force to analyze the array of environmental justice issues
specific to waste programs and to develop an overall strategy to
identify and address these issues (OSWER Directive No. 9200.3-17).
    The Agency's assessment, based on the small quantity of saccharin
and its salts that are estimated to be discarded by affected facilities
and their relatively low toxicity, is that there is no significant risk
to human health or the environment from managing saccharin and its
salts in nonhazardous waste landfills (the plausible management
scenario). As noted previously in section V.B.2., the facilities that
generate these small quantities of waste are distributed across the
nation, which makes it unlikely that any one segment of the population
would be impacted disproportionately from management of this
nonhazardous waste.

K. 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. EPA will submit a report containing this rule to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This rule will be effective on January 18, 2011.

List of Subjects

40 CFR Part 261

    Hazardous waste, Recycling, Reporting and recordkeeping
requirements.

40 CFR Part 268

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 302

    Air pollution control, Chemicals, Hazardous substances, Hazardous
waste, Intergovernmental relations, Natural resources, Reporting and
record keeping requirements, Superfund, Water pollution control, Water
supply.

    Dated: December 13, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
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.

Sec.  261.33  [Amended]

0
2. Section 261.33 is amended by removing the entries for the U202
hazardous waste in the table under paragraph (f).

Appendix VIII [Amended]

0
3. Appendix VIII to part 261 is amended by removing the entries for
``Saccharin'' and ``Saccharin salts'' from the table ``Hazardous
Constituents.''

PART 268--LAND DISPOSAL RESTRICTIONS

0
4. The authority citation for part 268 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921, and 6924.

Sec.  268.40  [Amended]

0
5. Section 268.40 is amended by removing the entry for waste code U202
from the table ``Treatment Standards for Hazardous Wastes.''

Appendix VII [Amended]

0
6. Appendix VII to part 268 is amended by removing the entry for waste
code U202 from Table 1, ``Effective Dates of Surface Disposed Wastes
(Non-Soil and Debris) Regulated in the LDRs--Comprehensive List.''

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

0
7. The authority citation for part 302 continues to read as follows:

    Authority:  42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and
1361.

Sec.  302.4  [Amended]

0
8. Section 302.4 is amended as follows:
0
a. By removing the entry for ``1,2-Benzisothiazol-3(2H)-one, 1,1-
dioxide, & salts'' from Table 302.4.
0
b. By removing the entry for ``Saccharin, & salts'' from Table 302.4.
0
c. By removing the entry for ``81072 Saccharin, & salts. 1,2-
Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts'' from Appendix A to
Sec.  302.4.

[FR Doc. 2010-31773 Filed 12-16-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Notice]
[Page 50354]
[DOCID:fr31au07-86]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR07-19-000]

ConocoPhillips Company, Complainant v. Calnev Pipe Line, LLC,
Respondent; Notice of Complaint

August 22, 2007.
    Take notice that on August 20, 2007, pursuant to Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206, and the Commission's Procedural Rules
applicable to Oil Pipeline Proceedings, 18 CFR 341(a), ConocoPhillips
Company (Complainant) filed a formal complaint against Calnev Pipe
Line, LLC (Respondent) alleging that the Respondent has violated and
continues to violate the Interstate Commerce Act, 49 U.S.C. App. 1, et
seq., by charging unjust and unreasonable rates for the Respondent's
jurisdictional interstate service, as more fully set forth in the
Complaint.
    The Complainant states that copies of the complaint have been
served on the Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time on September 10, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-17243 Filed 8-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44136-44137]
[FR Doc No: 2022-15884]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4657-DR; Docket ID FEMA-2022-0001]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-4657-DR), dated June 29, 2022,
and related determinations.

DATES: The declaration was issued June 29, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 29, 2022, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from severe storms, tornadoes, and flooding
during the period of May 2 to May 8, 2022, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance under section 408 will
be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Roland W. Jackson, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Adair, Cherokee, Muskogee, Okmulgee, Pottawatomie, Seminole, and
Tulsa Counties for Individual Assistance.
    All areas within the State of Oklahoma are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-15884 Filed 7-22-22; 8:45 am]
BILLING CODE 9111-23-P